Industry City Council
June 9, 2022

CITY OF INDUSTRY

CITY COUNCIL
REGULAR MEETING CAL OF MOUSTRE Mayor Cory C. Moss
AGENDA
Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
JUNE 9, 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: 482 936 973#. 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, June 7, 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 or 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
JUNE 9, 2022
PAGE NO. 1
Call to Order
Flag Salute
Roll Call
Proclamation declaring June Pride Month

5. 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 June 9, 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 April 28, 2022 regular meeting and the May 10, 2022 special meeting
RECOMMENDED ACTION: Approve as submitted.

6.3 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 Existence of a Local Emergency
b. Consideration of Resolution No. CC 2022-29 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY 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 2022-29, authorizing the continuance of remote teleconferencing meetings pursuant to AB 361.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JUNE 9, 2022
PAGE NO.2

6.4 Consideration of Resolution No. CC 2022-22 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING AND ESTABLISHING THE FISCAL YEAR 2022-2023

APPROPRIATIONS LIMIT AND SELECTING THE GROWTH IN

CALIFORNIA PER CAPITA INCOME AND COUNTY POPULATION

GROWTH ADJUSTMENT FACTORS FOR THE CITY PURSUANT TO

ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

22. 6.5 Consideration of Resolution No. CC 2022-27 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING A DONATION TO FAR SIDE JOURNEY IN THE AMOUNT
OF THREE THOUSAND DOLLARS ($3,000.00) FOR ANIMAL RESCUE

SERVICES
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

27. 6.6 Consideration of Resolution No. CC 2022-28 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING A DONATION TO HAND IN PAW IN THE AMOUNT OF
THREE THOUSAND DOLLARS ($3,000.00) FOR PET ADOPTION

SERVICES
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

28. 6.7 Consideration of a Professional Services Agreement with Carlyle Johnson to create an organics processing workplan, in the amount of $42,500.00 through June 30, 2023
RECOMMENDED ACTION: Approve the Agreement.

6.8 Consideration of a Professional Services Agreement with Keenan & Associates, for Broker of Record Designation Services, in the amount of $140,800.00 through June 30, 2025
RECOMMENDED ACTION: Approve the Agreement.

6.9 Consideration of Amendment No. 3 to the Professional Services Agreement with CliftonLarsonAllen, LLP, for Auditing Services, extending the term through June 30, 2023, and increasing compensation by $77,560.00
RECOMMENDED ACTION: Approve the Amendment.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JUNE 9, 2022
PAGE NO. 3

6.10 Consideration of Amendment No. 1 to the Professional Services Agreement with IDS Group, Inc., to provide engineering services for the Solar Panel Project at City Hall, IBC, and YAL Buildings, revising the scope of services, and increasing compensation by $50,000.00 RECOMMENDED ACTION: Approve the Amendment.

6.11 Consideration of Amendment No. 1 to the Professional Services Agreement with MBF Consulting, Inc., for engineering design services for the Replacement of Steel Waterline Crossing over Brea Creek project, extending the term through July 9, 2023 (MP 00-20 #12)
RECOMMENDED ACTION: Approve the Amendment.

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

CITY-1480, Stimson Avenue Crossing at LA Subdivision, for an estimated cost of $524,000.00 (MP 06-11 #21)
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising of receipt of electronic bids.

Consideration of Change Order Nos. 1 and 2 in the deductive amount of $110,486.48, and Notice of Completion for Contract No. CITY-1463, Resurfacing of Valley Boulevard from Azusa Way to 650 feet East of Hambledon Avenue
RECOMMENDED ACTION: Approve Change Order No. 1,
approve Deductive Change Order No. 2 and authorize the Mayor to execute the Notice of Completion.

CITY MANAGER REPORTS
AB 1234 REPORTS

CITY COUNCIL COMMUNICATIONS

10. Adjournment. The next regular City Council Meeting is Thursday, June 23, 2022, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JUNE 9,2022
PAGE NO. 4

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF JUNE 9, 2022
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 3,690,918.87
103 PROP A FUND 24,143.79
107 MEASURE W 21,750.00
120 CAPITAL IMPROVEMENTS 694,107.34
TOTAL ALL FUNDS 4,430,920.00
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 1,404,331.94
PROP/A PROP A - CKING ACCOUNT 24,143.79
MEAS W / MEASURE W - CKING ACCOUNT 21,750.00
WFBK WELLS FARGO - CKING ACCOUNT 2,980,694.27
TOTAL ALL BANKS 4,430,920.00

APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1

BANK OF AMERICA
June 9, 2022
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1266 05/23/2022 JOHN HANCOCK USA $4,331.94
Invoice Date Description Amount
4/30-5/13/22 05/23/2022 PARS CONTRIBUTIONS FOR 4/30-5/13/22 $4,331.94 24544 05/25/2022 CITY OF INDUSTRY $1,400,000.00
Invoice Date Description Amount
5/25/2022 05/25/2022 TRANSFER FUNDS-CITY REGISTER 5/26/22 $1,400,000.00 Check Status Count Transaction Amount
Total 2 $1,404,331.94
CITY OF INDUSTRY P. 2
PROP A
June 9, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90394 05/25/2022 WALNUT VALLEY WATER DISTRICT $607.49
Invoice Date Description Amount
4327366 05/10/2022 04/01-04/30/22 SVC - PLATFORM METROLINK BREA $30.38 4326431 05/10/2022 04/01-04/30/22 SVC - IRR METROLINK STA-SPANISH $577.11 90395 06/09/2022 CNC ENGINEERING $16,317.50
Invoice Date Description Amount
505416 05/26/2022 METROLINK STATION COMMUTER RAIL STATION $1,572.50 505417 05/26/2022 FULLERTON RD GRADE SEPARATION $7,745.00 505418 05/26/2022 FULLERTON RD GRADE SEPARATION $5,740.00 505419 05/26/2022 FAIRWAY DR GRADE SEPARATION $1,260.00 90396 06/09/2022 INDUSTRY SECURITY SERVICES $7,118.40
Invoice Date Description Amount
14-26400 05/20/2022 SECURITY SVC-METROLINK $2,372.80
14-26375 05/13/2022 SECURITY SVC-METROLINK $2,372.80
14-26424 05/27/2022 SECURITY SVC-METROLINK $2,372.80
90397 06/09/2022 SO CAL INDUSTRIES $100.40
Invoice Date Description Amount
566738 05/17/2022 RR RENTAL-METROLINK $100.40
Checks Status Count Transaction Amount
Total 4 $24,143.79
CITY OF INDUSTRY P. 3

MEASURE W
June 9, 2022
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300008 06/09/2022 CNC ENGINEERING $21,750.00
Invoice Date Description Amount
505415 05/26/2022 2021 CLEANOUT OF STORMATER DEVICES $330.00 505412 05/26/2022 FOUR GRADE SEPARATION PUMP STATIONS $1,850.00 505413 05/26/2022 NDES STORM WATER $13,090.00
505414 05/26/2022 CATCH BASIN RETROFITS $6,480.00
Check Status Count Transaction Amount
Total 1 $21,750.00
CITY OF INDUSTRY P. 4

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78292 05/25/2022 FRONTIER $249.58
Invoice Date Description Amount
2022-00002005 05/10/2022 05/10-06/09/22 SVC - 600 BREA CYN RD $249.58 78293 05/25/2022 INDUSTRY PUBLIC COMMISSION $4,737.59
Invoice Date Description Amount
2022-0002006 05/10/2022 04/01-05/01/22 SVC - 600 BREA CYN RD $4,737.59 78294 05/25/2022 SAN GABRIEL VALLEY WATER CO. $1,892.97 Invoice Date Description Amount
2022-00002036 05/13/2022 04/12-05/12/22 SVC - 13756 VALLEY $229.44 2022-00002037 05/13/2022 04/12-05/12/22 SVC - 132 IRRIG PUENTE $459.16 2022-00002038 05/13/2022 04/12-05/12122 SVC - 123 IRRIG WORKMAN MILL $285.78 2022-00002039 05/17/2022 04/14-05/16/22 SVC - 14329 VALLEY $918.59 78295 05/25/2022 SOCALGAS $916.70
Invoice Date Description Amount
2022-00002010 05/10/2022 04/07-05/06/22 SVC - 15625 MAYOR DAVE WAY APT A $53.77 2022-00002011 05/10/2022 04/07-05/06/22 SVC - 15625 MAYOR DAVE WAY APT B $16.09 2022-00002012 05/10/2022 04/07-05/06/22 SVC - 15718 RAUSCH RD REAR $57.35 2022-00002013 05/10/2022 04/07-05/05/22 SVC - 15651 MAYOR DAVE WAY $393.12 2022-00002014 05/10/2022 04/07-05/06/22 SVC - 15633 RAUSCH RD $396.37 78296 05/25/2022 SOUTHERN CALIFORNIA EDISON $11,157.84
Invoice Date Description Amount
2022-00002007 05/11/2022 04/11-05/10/22 SVC - 122 N PUENTE AVE U1 $108.32 2022-00002008 05/12/2022 04/12-05/11/22 SVC - 490 S 7TH AVE $83.93 CITY OF INDUSTRY P. 5

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00002009 05/11/2022 04/11-05/10/22 SVC - 575 BALDWIN PARK BLVD U $94.65 2022-00002040 05/17/2022 04/18-05/16/22 SVC - 1341 FULLERTON RD $125.36 2022-00002041 05/17/2022 04/18-05/16/22 SVC - 15718 RAUSCH RD $122.35 2022-00002042 05/17/2022 04/18-05/16/22 SVC - VARIOUS SITES $71.05 2022-00002043 05/17/2022 04/18-05/16/22 SVC - 17635 GALE AVE $1,693.23 2022-00002044 05/17/2022 04/18-05/16/22 SVC - VARIOUS SITES $7,237.80 2022-00002045 15/17/202 04/12-05/16/22 SVC - VARIOUS SITES $1,512.69 2022-00002047 05/17/2022 04/18-05/16/22 SVC - PECK RD S/O PELISIER $2.21 2022-00002048 05/17/2022 04/18-05/16/22 SVC - 1023 U FAIRWAY DR PED $106.25 78297 05/25/2022 SOUTHERN CALIFORNIA EDISON $88.04
Invoice Date Description Amount
2022-00002046 05/16/2022 04/07-05/08/22 SVC - 17100 TEMPLE AVE PED $88.04 78298 05/25/2022 VERIZON BUSINESS $185.78
Invoice Date Description Amount
67422528 05/10/2022 04/01-04/30/22 SVC - VARIOUS SITES $46.83 67422529 05/10/2022 04/01-04/30/22 SVC - VARIOUS SITES $138.95 78299 05/25/2022 WALNUT VALLEY WATER DISTRICT $4,210.73 Invoice Date Description Amount
4327347 05/10/2022 04/01-04/30/22 SVC - PUMP STN NAW CHERYL $35.60 4327367 05/10/2022 04/01-04/30/22 SVC - PUMP STN BREA CYN $26.48 4327596 05/10/2022 04/01-04/30/22 SVC - NOGALES PUMP STN $68.16 4326460 05/10/2022 04/01-04/30/22 SVC - IRR 820 FAIRWAY DR $68.16 4326512 05/10/2022 04/01-04/30/22 SVC - LEMON AVE N OF CURRIER RD $105.98 4326626 05/10/2022 04/01-04/30/22 SVC - 60 FWY INTERCHANGE FAIRWAY $35.00 4326546 05/10/2022 04/01-04/30/22 SVC - BREA CYN RD & OLD RANCH RD $79.07 CITY OF INDUSTRY P. 6

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4326562 05/10/2022 04/01-04/30/22 SVC - FERRERO & GRAND EAST RAMP $811.29 4326580 05/10/2022 04/01-04/30/22 SVC - BAKER PKWY METER #1 $144.37 4326581 05/10/2022 04/01-04/30/22 SVC -BAKER PKWY METER #2 $136.51 4326587 05/10/2022 04/01-04/30/22 SVC - GRAND AVE CROSSING $208.68 4326588 05/10/2022 04/01-04/30/22 SVC - GRAND AVE CROSSING $107.22 4326590 05/10/2022 04/01-04/30/22 SVC - 22002 VALLEY BLVD $118.40 4326607 05/10/2022 04/01-04/30/22 SVG - 21350 VALLEY-MEDIAN $91.49 4326608 05/10/2022 04/01-04/30/22 SVC - GRAND CROSSING EAST $74.93 4326609 05/10/2022 04/01-04/30/22 SVC - GRAND CROSSING WEST $68.72 4326610 05/10/2022 04/01-04/30/22 SVC - BAKER PKWY & GRAND N/W CNR $473.88 4326617 05/10/2022 04/01-04/30/22 SVC - E/S GRAND S/O BAKER PKWY $142.68 4326623 05/10/2022 04/01-04/30/22 SVC - BREA CYN N OF RR TRKS $345.50 4326624 05/10/2022 04/01-04/30/22 SVC - BREA CYN N OF CURRIER $78.47 4326649 05/10/2022 04/01-04/30/22 SVC - 21627 GRAND CROSSING PKWY $170.09 4326650 05/10/2022 04/01-04/30/22 SVC - 21627 GRAND CROSSING PKWY $165.81 4326657 05/10/2022 04/01-04/30/22 SVC - GRAND XING PKWY W/O GRAND $654.24 78300 05/26/2022 DEPARTMENT OF INDUSTRIAL $225.00
Invoice Date Description Amount
E1882357 SB 05/24/2022 ELEVATOR INSPECTION-CITY HALL $225.00 78301 05/26/2022 L A COUNTY REGISTRAR- $75.00
Invoice Date Description Amount
DP 21-6 05/26/2022 FEE-NOTICE OF EXEMPTION FOR DP 21-6 $75.00 78302 06/01/2022 AT & T $100.67
Invoice Date Description Amount
2022-00002057 05/17/2022 05/17-06/16/22 SVC - TONNER GUARD SHACK $100.67 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78303 06/01/2022 FIDELITY SECURITY LIFE $1,120.74
Invoice Date Description Amount
165301440 06/01/2022 VISION PREMIUM FOR JUNE 2022 $1,120.74 78304 06/01/2022 FRONTIER $342.64
Invoice Date Description Amount
2022-00002049 05/16/2022 05/16-06/15/22 SVC - PH AUTO PLAZA $187.01 2022-00002054 05/16/2022 05/16-06/15/22 SVC - BREA CYN PUMP STN $78.20 2022-00002055 05/19/2022 05/19-06/18/22 SVC - FOLLOW'S CAMP 23400 E FORK $77.43 78305 06/01/2022 HUMANA INSURANCE COMPANY $7,089.77
Invoice Date Description Amount
389690455 05/13/2022 DENTAL PREMIUM FOR JUNE 2022 $7,089.77 78306 06/01/2022 MUTUAL OF OMAHA - PAYMENT $6,417.46
Invoice Date Description Amount
1363948468 06/01/2022 LIFE INS PREMIUM FOR JUNE 2022 $6,417.46 78307 06/01/2022 SAN GABRIEL VALLEY WATER CO. $113.44
Invoice Date Description Amount
2022-00002052 05/18/2022 04/15-05/17/22 SVC - 336 EL ENCANTO $113.44 78308 06/01/2022 SOCALGAS $16.16
Invoice Date Description Amount
2022-00002053 05/19/2022 04/18-05/17/22 SVC - 610 S BREA CYN RD $16.16 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78309 06/01/2022 SOUTHERN CALIFORNIA EDISON $4,063.46
Invoice Date Description Amount
2022-00002050 05/17/2022 04/18-05/16/22 SVC - VARIOUS SITES $3,922.90 2022-00002051 05/20/2022 04/21-05/19/22 SVC - 14661 & 14911 CLARK AVE U $75.30 2022-00002056 05/18/2022 04/19-05/17/22 SVC - 900 NOGALES U $65.26 78310 06/01/2022 UNUM LIFE INSURANCE COMPANY $13,750.00 Invoice Date Description Amount
6/1-6/30/22 05/18/2022 LONG TERM CARE PREMIUM FOR JUNE 2022 $13,750.00 78311 06/09/2022 ARAMARK REFRESHMENT SERVICE, $68.96
Invoice Date Description Amount
12535538 05/16/2022 COFFEE SVC & SUPPLIES $68.96
78312 06/09/2022 BENJAMIN A ROMERO II $5,991.72
Invoice Date Description Amount
15625025 05/07/2022 TEMPORARY ADA PAD INSTALLATIONS-BUS STOPS $2,949.15 15625026 05/07/2022 REPLACED EXTERIOR BULBS-CITY HALL $878.62 15625030 05/09/2022 SITE PREP-TONNER CYN GUARD SHACK $142.50 15625027 05/07/2022 INSTALL IT SHELF-YAL BLDG $242.50
15625028 05/09/2022 HOT WATER LINE REPAIRS-EL ENCANTO $1,486.58 15625033 05/21/2022 REPAIR LIGHTS AND TILES-METRO SOLAR STATION $292.37 78313 06/09/2022 BIGGS CARDOSA ASSOCIATES, INC. $2,332.00 Invoice Date Description Amount
84025 05/05/2022 VALLEY BLVD/SAN GABRIEL RIVER BRIDGE $2,332.00 CITY OF INDUSTRY P. 9

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
78314 06/09/2022 BLAKE AIR CONDITIONING COMPANY $4,542.07 Invoice Date Description Amount
61627 05/09/2022 A/C REPAIR-YAL/POST OFFICE $3,379.27
61655 05/11/2022 AVC REPAIR-15651 MAYOR DAVE WAY (YAL) $468.00 61613 05/03/2022 AVC REPAIR-YAL/POST OFFICE $504.50
61656 . 05/11/2022 A/C REPAIR-CITY HALL $190.30
78315 06/09/2022 BLD BUILDERS, INC. $239,364.28
Invoice Date Description Amount
#6FAC-19-064B 06/01/2022 EL ENCANTO FACILITY IMPROVEMENTS $251,962.41 78316 06/09/2022 BUSINESS LIFE MAGAZINE $1,950.00
Invoice Date Description Amount
4022798 04/30/2022 AD FOR ECONOMIC OUTLOOK $1,950.00
78317 06/09/2022 CASC ENGINEERING AND $3,002.00
Invoice Date Description Amount
0046335 04/30/2022 MITIGATED MONITORING-20701 CURRIER RD $402.00 46238 04/30/2022 NPDES CONSULTING-COI $2,600.00
78318 06/09/2022 CDW GOVERNMENT LLC $296.20
Invoice Date Description Amount
W973124 05/06/2022 HPE ARUBA AP-303 $296.20
78319 06/09/2022 CHARGEPOINT, INC. $63,050.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 10

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
IN142495 05/23/2022 MAINT OF METROLINK EV CHARGING STATIONS $63,050.00 78320 06/09/2022 CHEM PRO LABORATORY, INC $301.00
Invoice Date Description Amount
685737 04/23/2022 WATER TREATMENT-APR 2022 $301.00
78321 06/09/2022 CINTAS CORPORATION LOC 693 $231.57
Invoice Date Description Amount
4120164486 05/23/2022 DOOR MATS $77.19
4119483977 05/16/2022 DOOR MATS $77.19
4120898027 05/31/2022 DOOR MATS $77.19
78322 06/09/2022 CITY OF INDUSTRY-PAYROLL ACCT $300,000.00 Invoice Date Description Amount
PRP/E 5/13/22 05/23/2022 REPLENISH PAYROLL FOR P/E 5/13/22 $150,000.00 PR P/E 5/27/22 06/01/2022 REPLENISH PAYROLL FOR P/E 5/27122 $150,000.00 78323 06/09/2022 CNC ENGINEERING $196,172.46
Invoice Date Description Amount
505341 05/26/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $2,522.50 505342 05/26/2022 SITE PLAN FOR SHERIFF TRAILER $6,595.00 505343 05/26/2022 EL ENCANTO IMPROVEMENTS $1,240.00
505344 05/26/2022 KELLA AVE STORM DRAIN $2,972.50
505345 05/26/2022 FULLERTON RD PCC $1,947.50
505346 05/26/2022 RESURFACING OF DON JULIAN RD
$1,720.00
505347 05/26/2022 WALNUT DR NORTH WIDENING $10,060.00
CITY OF INDUSTRY P. 11

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
505348 05/26/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $7,460.00 505350 05/26/2022 GENERAL ENG SVC 5/9-5/22/22 $5,232.50 505351 05/26/2022 GENERAL ENG SVC-TRAFFIC $2,020.00
505352 05/26/2022 GENERAL ENG SVC-PLAN APPROVAL $13,160.00 505353 05/26/2022 GENERAL ENG SVC-PERMITS $14,690.00
505354 05/26/2022 ARENTH AVE STREET IMPROVEMENT $6,080.00 505355 05/26/2022 RESURFACING VALLEY BLVD $2,155.00
505356 05/26/2022 GENERAL ENG SVC 5/9-5/22/22 $91,487.46 505357 05/26/2022 TONNER CYN PROPERTY $1,002.50
505358 05/26/2022 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $1,025.00 505359 05/26/2022 COLIMA RD WIDENING $1,677.50
505360 05/26/2022 STREET LIGHT OPERATIONS & MAINT $360.00 505361 05/26/2022 STREET LIGHT OPERATIONS & MAINT $180.00 505362 05/26/2022 STREET LIGHT OPERATIONS & MAINT $1,170.00 505363 05/26/2022 STREET LIGHT OPERATIONS & MAINT $1,440.00 505364 05/26/2022 CHINO RANCH #1 DAM RENOVATION $512.50 505365 05/26/2022 SALT LAKE AVE IMPROVEMENTS $3,550.00
505366 05/26/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $650.00 505367 05/26/2022 CITY HALL MAINT $555.00
505368 05/26/2022 CITY HALL MAINT $705.00
505369 05/26/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $1,170.00 505370 05/26/2022 STIMSON AVE CROSSING $3,972.50
505371 05/26/2022 SIGNING & STRIPING IMPROVEMENTS $7,115.00 505374 05/26/2022 EL ENCANTO IMPROVEMENTS AND MAINT $720.00 505349 05/26/2022 GENERAL ENG SVC 5/9-5/22/22 $1,025.00 CITY OF INDUSTRY P. 12

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78324 06/09/2022 CNC ENGINEERING $101,168.75
Invoice Date Description Amount
505372 05/26/2022 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $6,690.00 505373 05/26/2022 METROLINK OPERATION AND MAINT-PARKING LOT $1,960.00 505375 05/26/2022 MUSEUM-HEALTHCARE CAMPUS UPGRADES $1,350.00 505376 05/26/2022 SAN JOSE AVE RECONSTRUCTION $1,510.00 505377 05/26/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $586.25 505378 05/26/2022 605 FWY AND VALLEY BLVD INTERCHANGE $1,977.50 505379 05/26/2022 SIXTH AVE RECONSTRUCTION $530.00
505380 05/26/2022 HIGHWAY BRIDGE PROBRAM FUNDING $2,520.00 505381 05/26/2022 FISCAL YEAR BUDGET $3,637.50
505382 05/26/2022 BIXBY DR PCC PAVEMENT $860.00
505383 05/26/2022 NELSON AVE INTERSECTION $4,340.00
505384 05/26/2022 CARTEGRAPH MGMT $28,400.00
505385 05/26/2022 PLANETBIDS IMPLEMENTATION & MGMT $110.00 505386 05/26/2022 HOMESTEAD MUSEUM UPGRADES $2,705.00
505387 05/26/2022 GRAND AVE RECONSTRUCTION $1,440.00
505388 05/26/2022 CITYWIDE STREET LIGHT LED UPGRADES $7,835.00 505389 05/26/2022 ANNUAL PAVEMENT REHABILITATION $765.00 505390 05/26/2022 ADA COMPLIANCE FOR FACILITIES $2,465.00 505391 05/26/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $1,987.50 505392 05/26/2022 RAUSCH RD SIDEWALK AND PARKING LOT $1,915.00 505393 05/26/2022 DEL VALLE AND HILL ST STORM DRAIN $880.00 505394 05/26/2022 ANNUAL PAVEMENT REHABILITATION $3,960.00 505395 05/26/2022 ANNUAL SLURRY SEAL FY 21/22 $3,807.50 505396 05/26/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $642.50 CITY OF INDUSTRY P. 13

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
505397 05/26/2022 INTELLIGENT TRANSPORTATION SYSTEM $1,947.50 505398 05/26/2022 HIGHWAY PERFORMANICE MONITORING $2,720.00 505399 05/26/2022 PAVEMENT MGMT PLAN 2022 $102.50
505401 05/26/2022 GRAND AVE BRIDGE WIDENING $12,910.00
505402 05/26/2022 TURNBULL CYN RD GRADE SEPARATION $615.00 78325 06/09/2022 CODE 3 CREATIONS $10.95
Invoice Date Description Amount
2038 05/25/2022 NAME PLATE FOR RON MCPEAK $10.95
78326 06/09/2022 CONSILIO, LLC $1,684.16
Invoice Date Description Amount
INV324883 04/30/2022 DOCUMENT MGMT-APR 2022 $1,684.16
78327 06/09/2022 DAPEER, ROSENBLIT, AND LITVAK, $4,169.20 Invoice Date Description Amount
20225 04/30/2022 GENERAL CODE ENFORCEMENT-APR 2022 $2,761.20 20227 04/30/2022 SPECIALED LEGAL SVC-APR 2022 $1,408.00 78328 06/09/2022 DB SALES & SERVICE $9,742.50
Invoice Date Description Amount
16175 05/13/2022 TUBES FOR BRYAN BOILERS-EL ENCANTO $9,742.50 78329 06/09/2022 DEPT OF ANIMAL CARE & CONTROL $3,708.61 Invoice Date Description Amount
5/25/2022 05/25/2022 SHELTER COST-APR 2022 $3,708.61
CITY OF INDUSTRY P. 14

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78330 06/09/2022 ELECTRA-MEDIA, INC $1,829.99
Invoice Date Description Amount
13577 05/13/2022 PUENTE HILLS AUTO DISPLAY-JUN 2022 $1,829.99 78331 06709/2022 ELEVATE PUBLIC AFFAIRS, LLC $1,631.92
Invoice Date Description Amount
2707 05/22/2022 EXPENSE REIMBURSEMENTS $1,631.92
78332 06/09/2022 ENVIRONMENTAL SYSTEMS $27,500.00
Invoice Date Description Amount
94252612 05/16/2022 ENTERPRISE AGRMT FEE SOFTWARE/MAINT $27,500.00 78333 06/09/2022 FEDERAL EXPRESS CORP. $51.80
Invoice Date Description Amount
7-755-11124 05/13/2022 MESSENGER SVC $51.80
78334 06/09/2022 FUEL PROS, INC. $405.00
Invoice Date Description Amount
62208 05/23/2022 INDUSTRY HILLS FUEL STN MAINT $150.00
62527 05/25/2022 INDUSTRY HILLS FUEL STN MAINT $255.00
78335 06/09/2022 FULLERTON ELECTRIC $855.00
Invoice Date Description Amount
30353 05/10/2022 SITE INSPECTION-TONNER CYN $855.00
CITY OF INDUSTRY P. 15

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78336 06/09/2022 HADDICK'S TOWNING INC. $100.00
Invoice Date Description Amount
H-95023 05/03/2022 TOWING SVC-JOHN DEER (TURF GATOR) $100.00 78337 06/09/2022 HINDERLITER, DE LLAMAS AND $79,923.88
Invoice Date Description Amount
SINO17447 05/20/2022 AUDIT SVC-SALES TAX 4TH QTR $79,923.88 78338 06/09/2022 IDS GROUP, INC. $14,000.00
Invoice Date Description Amount
21X062.00-2 04/30/2022 SOLAR PANEL ENGINEERING-CITY HALL $14,000.00 78339 06/09/2022 INDUSTRY SECURITY SERVICES $87,038.37
Invoice Date Description Amount
14-26393 05/20/2022 SECURITY SVC-VARIOUS SITES $19,427.30 14-26390 05/20/2022 SECURITY SVC 5/13-5/19/22 $9,428.39 14-26368 05/13/2022 SECURITY SVC-VARIOUS SITES $19,575.60 14-26365 05/13/2022 SECURITY SVC 5/6-5/12/22 $9,494.32
14-26414 05/27/2022 SECURITY SVC 5/20-5/26/22 $9,477.84 14-26417 05/27/2022 SECURITY SVC-VARIOUS SITES $19,634.92 78340 06/09/2022 IRRI-CARE PLUMBING & BACKFLOW $166.25
Invoice Date Description Amount
13421 05/12/2022 BACKFLOW REPAIRS-NELSON/HACIENDA BLVD $166.25 78341 06/09/2022 JEFF PARRIOTT PHOTOGRAPHIC $4,766.67
Invoice Date Description Amount
CITY OF INDUSTRY P. 16

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
CO10522 06/01/2022 PROF SVC-HOMESTEAD $4,766.67
78342 06/09/2022 JMDiaz, Inc. $3,411.25
Invoice Date Description Amount
062(22-090) 05/17/2022 STAFF AUGMENTATION-APR 2022 $3,411.25 78343 06/09/2022 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
05/17/2022 LEGISLATIVE SVC-MAY 2022 $10,000.00
78344 06/09/2022 LA COUNTY SHERIFF'S $934,257.35
Invoice Date Description Amount
05/11/2022 SHERIFF CONTRACT-APR 2022 $934,257.35
78345 06/09/2022 LA PUENTE VALLEY COUNTY $286.78
Invoice Date Description Amount
BS;05/22 05/18/2022 WATER MONITORING-BOY SCOUTS RESERVE $286.78 78346 06/09/2022 MATHEW HUDSON $125.19
Invoice Date Description Amount
5/18/2022 05/18/2022 REIMBURSE FOR MILEAGE-CONTRACT CITIES $125.19 78347 06/09/2022 MMASC $90.00
Invoice Date Description Amount
4906 05/22/2022 MEMBERSHIP DUES FY 22/23-Y. PATHAK $90.00 78348 06/09/2022 MR PLANT & INTERIOR BOTANICAL $850.00
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
JUNE 18333 06/01/2022 PLANT MAINT-JUN 2022 $850.00
78349 06/09/2022 MUNI-ENVIRONMENTAL, LLC 538,727.66
Invoice Date Description Amount
22-011 05/26/2022 COMMERCIAL WASTE PROGRAM $38,727.66
78350 06/09/2022 MX GRAPHICS, INC. $854.10
Invoice Date Description Amount
25783 05/18/2022 BLUEPRINT SVC-MP 21 05 $854.10
78351 06/09/2022 NCM ENGINEERING CORP $180,951.56
Invoice Date Description Amount
COIN2101-02 05/15/2022 DESIGN OF TEMPLE AVE WIDENING $180,951.56 78352 06/09/2022 NEXTIVA, INC. $1,783.61
Invoice Date Description Amount
51690573442 05/28/2022 CITY HALL PHONE SVC $1,783.61
78353 06/09/2022 OLDHAM ARCHITECTS INC. 519,656.00
Invoice Date Description Amount
21068-02 05/10/2022 ARCHITECTURE DESIGN, 15710-15724 RAUSCH RD $19,656.00 78354 06/09/2022 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
426 05/31/2022 JANITORIAL SVC-CITY HALL $5,500.00
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
427 05/31/2022 JANITORIAL SVC-IBC $1,467.00
428 05/31/2022 JANITORIAL SVC-YAL $1,815.00
78355 06/09/2022 PATHAK, YAMINI $193.99
Invoice Date Description Amount
2/3/2022 05/17/2022 REIMBURSE FOR MILEAGE-COURT WITNESS $35.10 5/13-5/15/22 05/17/2022 REIMBURSE FOR MILEAGE-CONTRACT CITIES $123.79 5/10/2022 05/17/2022 REIMBURSE. FOR MILEAGE-COURT WITNESS $35.10 78356 06/09/2022 PEDROZA JR, SAMUEL $55.46
Invoice Date Description Amount
5/31/2022 05/31/2022 REIMBURSE FOR MILEAGE-CONTRACT CITIES $55.46 78357 06/09/2022 RICOH USA, INC. $289.36
Invoice Date Description Amount
36566169 05/13/2022 COPIER LEASE-ENGINEERING $289.36
78358 06/09/2022 SATSUMA LANDSCAPE & MAINT. $148,392.25 Invoice Date Description Amount
0522CH 05/26/2022 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $58,214.91 0522TA 05/26/2022 LANDSCAPE SVC-TEMPLE & AZUSA CORRIDOR $33,988.71 0522XROADS 05/26/2022 LANDSCAPE SVC-CROSSROADS PKY NORTH & $29,557.06 0522EC 05/26/2022 LANDSCAPE SVC-EXPO CENTER $23,469.55
0522MDW 05/26/2022 LANDSCAPE SVC-MAYOR DAVE WAY MEDIANS $3,162.02 78359 06/09/2022 SO CAL INDUSTRIES $191.66
Invoice Date Description Amount
CITY OF INDUSTRY P. 19

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
566988 05/18/2022 RR RENTAL-TONNER CYN/GRAND AVE $100.40 568295 05/25/2022 RR RENTAL-TONNER CYN/57FWY $91.26
78360 06/09/2022 SOUTH COAST A.Q. M.D. $143.88
Invoice Date Description Amount
3993471 05/03/2022 AQMD FEE FY 21/22-CITY HALL $143.88
78361 06/09/2022 SOUTHERN CALIFORNIA EDISON $100,263.90 Invoice Date Description Amount
7590421800 04/01/2022 ADVANCE PAYMENT-STREET LIGHT VALUATION $100,263.90 78362 06/09/2022 SQUARE ROOT GOLF & LANDSCAPE, $178,771.63 Invoice Date Description Amount
1612ELHM 05/26/2022 LANDSCAPE SVC-HOMESTEAD $21,470.14
1614ELHM 05/26/2022 LANDSCAPE SVC-EL ENCANTO $9,075.33
1613ELHM 05/26/2022 LANDSCAPE SVC-VARIOUS CITY SITES $10,567.98 1615H-2 05/26/2022 SIGN REPAIR AND INSTALLATION $539.20 1615H-1 05/26/2022 GRAFFITI REMOVAL $2,172.75
1615H 05/26/2022 LANDSCAPE SVC-VARIOUS CITY SITES $133,258.87 1615H-3 05/26/2022 LANDSCAPE SVC-GRAND AVE EAST $1,687.36 78363 06/09/2022 STAPLES BUSINESS ADVANTAGE $1,420.27
Invoice Date Description Amount
8066177659 05/07/2022 OFFICE SUPPLIES $62.82
8066252453 05/14/2022 OFFICE SUPPLIES $1,357.45
CITY OF INDUSTRY P. 20

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78364 06/09/2022 SYNCHRONY BANK/AMAZON $132.22
Invoice Date Description Amount
758885883439 05/09/2022 OFFICE SUPPLIES $93.22
995768656489 04/18/2022 SPILL KIT (5GAL)-IND HILLS FUELING STN $39.00 78365 06/09/2022. THE TECHNOLOGY DEPOT $417.00
Invoice Date Description Amount
18825 05/20/2022 VEEAM DESKTOP/LAPTOP BACKUP $417.00
78366 06/09/2022 TRANSPORTATION & ENERGY $19,025.00
Invoice Date Description Amount
C01-007-05-2022 05/20/2022 TRAFFIC STUDY-AUTO MALL EAST $13,600.00 C0I-001-05-23-22 05/23/2022 ON-CALL TRAFFIC ENGINEERING SVC $5,425.00 78367 06/09/2022 TRIMARK ASSOCIATES, INC. $28,793.00
Invoice Date Description Amount
INV2022-00515 05/20/2022 FULL COST SVC AGMRT (I YR)-METRO SOLAR $28,793.00 78368 06/09/2022 VANGUARD CLEANING SYSTEMS, $793.27
Invoice Date Description Amount
110809 05/01/2022 JANITORIAL SVC-HOMESTEAD $937.50
111287 05/09/2022 CREDIT FOR SVC ON 5/2/22 & 5/6/22-HOMESTEAD ($144.23) 78369 06/09/2022 WEST COAST ARBORISTS, INC. $89,227.00
Invoice Date Description Amount
75292 05/09/2022 REPORT ON WALNUT TREE-HOMESTEAD $2,560.00 CITY OF INDUSTRY P. 21

WELLS FARGO BANK
June 9, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
186050 05/15/2022 STREET TREES-PUBLIC ROW $86,667.00
Checks Status Count Transaction Amount
Total 78 $2,980,694.27

CITY COUNCIL
ITEM NO. 6.2

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
APRIL 28, 2022
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to rder by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chambel 5651 Mayor Dave Way, California and telephonically using Conference Call Numbe 657-204-3264, Conference ID: 414 065 874#.

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

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

PRESENTATIONS
Proclamation designating April as DMV/Donate Life Month - Nancy Jolly, Ambassador for One Legacy, provided a presentation and shared her personal story.

Mayor Moss then presented her with a Proclamation and pictures were taken.

Proclamation designating the week of April 17 to April 23 as California Mosquito Awareness Week - Mayor Moss announced that Cathy Marcucci, who serves on the Board of Trustees for the San Gabriel Valley Mosquito & Vector Control District, had asked Communications Director, Levy Sun, to make a presentation in raising awareness and remind everyone that this is a year-round process to tip, toss and protect ourselves from mosquitos. Mayor Moss then presented Mr. Sun with a Proclamation and pictures were taken.

Presentation of a Certificate honoring Bobbie Seal for being named Legacy Leader Woman of the Year - Mayor Moss announced that it was with great honor to recognize her dear friend Bobbie Seal for her numerous contributions to the Region.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
APRIL 28, 2022
PAGE 2
Sandra Armenta Lopez, representative from State Senator Susan Rubio's office, provided information regarding Bobbie's background and accomplishments and presented her with a well-deserved award.

Mayor Moss then made a presentation to Bobbie and provided her with a certificate and pictures were taken. The meeting then went into a five-minute recess at 9:21 a.m.

Mayor Moss reconvened the meeting at 9:26 a.m.

PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke for three minutes 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
City Manager Josh Nelson asked to pull Item 6.3 from the Consent Calendar due to the item not being ready. It will be presented at a future meeting.

Council Member Ruggles asked to pull Item Nos. 6.4, 6.5, 6.7, and 6.8, for a staff report.

Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR APRIL 28, 2022 RECOMMENDED ACTION: Approve Register of
Demands and authorize the appropriate City Officials to pay the bills.

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.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
APRIL 28, 2022
PAGE 3

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.

THIS ITEM WAS PULLED FROM THE AGENDA.

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.

Tim Bowser, GIS Manager, CNC Engineering provided a staff report and was available to answer any questions.

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.

Senior Project Manager James Cramsie, from CNC Engineering provided a staff report and was available to answer any questions.

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 GROUF RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

15. CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
APRIL 28, 2022
PAGE 4
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.

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

6.8 CONSIDERATION OF A LAKE ALTERATION AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE ARNOLD

RESERVOIR RIP RAP PROJECT AND ADOPTION OF A NOTICE OF EXEMPTION

REGARDING SAME
RECOMMENDED ACTION: Approve the Agreement and
adopt Notice of Exemption.

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

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER GREUBEL TO APPROVE THE CONSENT CALENDAR WITH ITEM NO. 6.3 PULLED.

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
There were none.

AB 1234 REPORTS
There were none.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
APRIL 28, 2022
PAGE 5

CITY COUNCIL COMMUNICATIONS
proceeds will go to sponsor children's programs.

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

Mike Greenspan and Armando Herman each spoke for three minutes in opposition of 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
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:59 a.m.

Mayor Moss reconvened the meeting at 10:45 a.m.

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

With regard to Closed Session Item 10.1, direction was given to Staff. No final action was taken.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:46 a.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MAY 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 8:33 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: 141 670 499#.

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

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Michael Greubel, Council Member
Cathy Marcucci, Mayor Pro Tem - Telephonically
Mark Radecki, Council Member
Newell W. Ruggles, Council Member - Arrived at 8:41 a.m.

STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; Jamie M. Casso, City Attorney; and Lynn Thompson, Administrative Technician III.

For the record, Mayor Moss announced that Council Member Ruggles arrived at 8:41 a.m.

PRESENTATIONS
Tonner Canyon Vegetation Management Update by LA County Fire Department - Samantha Conn with the LA County Fire Department presented a slideshow and presentation.

PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
Mayor Cory C. Moss asked to pull Item Nos. 6.3 and 6.4, for a staff report

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MAY 10, 2022
PAGE 2
Council Member Radecki recused himself from voting on check number 78177 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.

6.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MAY 12, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 CONSIDERATION OF RESOLUTION NO. CC 2022-17 - A RESOLUTION OF

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

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

CONSIDERATION OF THE PURCHASE OF 134 STREETLIGHTS FROM
SOUTHERN CALIFORNIA EDISON, IN THE AMOUNT OF $100,263.60 RECOMMENDED ACTION: Approve the purchase of
streetlights from Southern California Edison.

City Manager, Josh Nelson provided a staff report and Dev Birla, Operations Manager at CNC Engineering, provided additional information. Both were available to answer any questions.

6.4 CONSIDERATION OF A LICENSE AGREEMENT WITH SAN GABRIEL

VALLEY COUNCIL OF GOVERNMENTS FOR ACCESS TO ASSESSOR'S PARCEL NO. 8264-004-908 LOCATED AT 1123 SOUTH HATCHER AVENUE, FOR

TEMPORARY STORAGE OF E-BIKES AND RELATED EQUIPMENT
RECOMMENDED ACTION: Approve the License Agreement.

Assistant City Manager, Bing Hyun provided a staff report and Public Affairs Manager, Sam Pedroza provided additional information. Both were available to answer any questions.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MAY 10, 2022
PAGE 3

MOTION BY COUNCIL MEMBER GREUBEL, 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 78177 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

CITY MANAGER REPORTS
City Manager, Josh Nelson, presented a Proclamation to Mat Hudson recognizing May 15 -21, 2022, as National Public Works week. Matt is always ready to serve this community.

Another Proclamation was presented to Julie Robles designating the week of May 1-7, 2022, as Professional Municipal Clerks Week.

AB 1234 REPORTS
Mayor Moss said she attended the annual SCAG (Southern California Association of Governments) Convention in Indian Wells last week with a focus this year on zero missions.

CITY COUNCIL COMMUNICATIONS
Council Member Greubel mentioned that the Contract Cities Conference is this week.

Mayor Moss spoke about the excellent event at the YAL Golf Tournament and thanked everyone who helped set it up. The event was a big success.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MAY 10, 2022
PAGE 4

ADJOURNMENT
There being no further business, the City Council adjourned at 9:04 a.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL
ITEM NO. 6.3

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Managers
DATE: June 9, 2022
SUBJECT: Consideration of an Amended and Restated Proclamation and Order of the City Council of the City of Industry, California, Proclaiming Existence of a Local Emergency; and
Consideration of a Resolution Continuing the Authorization of Remote Teleconference Meetings Pursuant to AB 361
Background:

On March 4, 2020, the Governor of the State of California proclaimed a state of emergency to exist in California as a result of the threat presented by the novel coronavirus ("COVID-19"). Additional states of emergency were subsequently proclaimed by both the County of Los Angeles and the President of the United States, and a state of emergency continues to exist at the Federal, State and County levels.

Given the threat of COVID-19, on March 17, 2020, the City Council ratified a proclamation and order of the Director of Emergency Services proclaiming the existence of a local emergency. In an effort to assist local businesses, in June 2020, the City Council adopted a revised proclamation which included provisions suspending certain portions of the City's Municipal Code pertaining to outdoor dining and temporary banners, and implemented a program reducing the fees associated with applications for land use entitlements.

Given that businesses have re-opened subject to certain restrictions, the City Council revised the City's proclamation to remove the closure of non-essential City facilities, and to permit City events. Notwithstanding the foregoing, the City is required to comply with all applicable orders to prevent the transmission of COVID-19.

Further, in September 2021, the Governor signed AB 361 into law. Under the provisions of AB 361, the City Council may continue to conduct meetings via video and teleconference during a state of emergency, if it finds that state or local officials have imposed or recommended social distancing. As set forth above, in March 2020, the Governor declared a state of emergency, and said emergency still exists, and the City Council also declared a state of emergency in the City. Los Angeles County officials have recommended measures to promote social distancing, and strongly recommend 15625 Mayor Day Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org masks for all regardless of vaccination status in an effort to slow the levels of transmission of COVID-19 throughout the State and Los Angeles County. Given that a state of emergency exists and local officials have recommended social distancing, sufficient findings exist to meet the requirements of AB 361.

The provisions of AB 361 do not require the Council to meet via teleconference, instead it provides an option to do so, and also permits hybrid meetings, where some Councilmembers may appear remotely, and others may attend meetings in person.

What is notable about AB 361 is that during the state of emergency, it eliminates the Brown Act requirement for the City to identify the teleconference location of Councilmembers on the agenda, and also removes the requirements that the agenda be posted at the teleconference location, and that public comment be taken from that location.

Under AB 361, the City is required to offer a call-in or web-based option for public comment, and public comment must be taken during the meeting. In the event that the call-in option or web-based option is disrupted, the City cannot take action until service is restored.

Given that a state of emergency is in effect at the Federal, State and County levels, it is recommended that the City Council maintain its emergency proclamation and adopt a resolution permitting the Council to continue to meet via a hybrid option in accordance with the provisions of AB 361.

Some revisions were made to the proclamation to clarify that any stay of purchasing and payment procedures will be limited to situations related to responding to the pandemic and abnormal operations.

Fiscal Impact:

Temporary Outdoor Dining Permits: As with the prior Proclamation, Staff's intent is not to charge for the temporary permit and not recover the cost of Staff time associated with the permits.

Temporary Banners: Staff does not charge for temporary banner permits and does not wish to recover the cost of staff time associated with the review of the permits.

Development Fees: Since the adoption of the Proclamation in June, the City has reduced fees for 23 projects in the amount of $218,624.31.

Recommendation:

Adopt the Amended and Restated Proclamation proclaiming existence of a local emergency and the Resolution continuing the authorization of remote teleconferencing meetings pursuant to AB 361.

Exhibits:

A. Amended and Restated Proclamation and Order of the City Council of the City of Industry, California, Proclaiming the Existence of a Local Emergency B. Resolution of the City Council of the City of Industry, California Continuing the Authorization of Remote Teleconferencing Meetings Pursuant to AB 361 JN/BH:Ih

EXHIBIT A
Amended and Restated Proclamation
[Attached]

AMENDED AND RESTATED PROCLAMATION AND ORDER

OF THE CITY COUNCIL

OF THE CITY OF INDUSTRY, CALIFORNIA,

PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the City Council of the City of Industry does hereby find as follows:
(a) On March 4, 2020, the Governor of the State of California proclaimed a state of emergency to exist in California as a result of the threat of COVID-19, and said state of emergency continues; and
(b) On March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency in response to the COVID-19 pandemic, and said state of emergency continues; and (c) On March 13, 2020, the President of the United States of America declared a national emergency due to the COVID-19 outbreak across the nation, and said state of emergency continues; and
Due to the threat presented by COVID-19, on or about March 17, 2020, the City Council ratified a proclamation and order of the Director of Emergency Services proclaiming the existence of a local emergency; and
(e) Given the COVID-19 pandemic, and the need to protect the most vulnerable members of the community, on or about March 19, 2020, the County of Los Angeles ("County") Department of Public Health issued the Safer At Home Order for Control of COVID-19, which ordered the immediate closure of all non-essential businesses, including dine-in service at restaurants. While the COVID-19 pandemic remains, businesses have safely reopened, a mask mandate remains in place in Los Angeles County for all indoor settings, and outdoor mega events, and social distancing is recommended; and
(f) In an effort to assist local businesses, in June 2020, the City Council adopted a revised proclamation which included provisions suspending certain portions of the City's Municipal Code pertaining to outdoor dining and temporary banners, and implemented a program reducing the fees associated with applications for land use entitlements; and (g) Given the continued state of emergency, the City Council amended and restated the emergency proclamation on October 14, 2021 and again on December 13, 2021, February 11, 2022, and April 12, 2022; and
WHEREAS, given the levels of the spread of COVID-19, and the economic devastation that it has brought to the City of Industry, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY PROCLAIM AND ORDER AS FOLLOWS:

The above recitals are true and correct and are incorporated herein by reference.

A local emergency now exists throughout the City, and has existed since March 17, 2020.

During the existence of said local emergency the powers, functions and duties of the emergency organization of City shall be those prescribed by state law, by the ordinances and resolutions of the City, and any other applicable law, rule, or regulation.

4. During the existence of said local emergency, the City, and all related City entities, shall follow and impose all directives, mandates, Executive Orders and any other emergency related restrictions issued by the United States of America, State of California and/or the County of Los Angeles, including any and all social distancing recommendations.

The normal City goods and service procurement requests and purchase practices are stayed during this period of emergency, only for goods and services needed to address the emergency.

Given the emergency and the need to devote City staff and resources to respond to it, the City hereby extends all deadlines for responding to requests under the Calitornia Public Records Act, the processing of any land use entitlements, and any other applications to the City, until a reasonable time following the City Council's termination of this emergency.

7. Consistent with the City's adopted budget and approved agreements with vendors and contractors, the City Manager shall ensure that City vendors and contractors are paid in a timely manner, the City Manager, City Treasurer, and the Finance Director are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made, only in the event that City staff is unable to follow the normal claims, demands, and payment process due to the emergency.

8. Outdoor Dining. The City shall continue to assist dine-in restaurants in prioritizing and expanding outdoor seating by permitting outdoor seating at all dine-in restaurants that have a validly City issued use permit, and/or CUP, subject to the approval of a temporary outdoor dining permit. The following regulations shall apply to the Temporary Outdoor Dining Permit:
a. Any expansion of outdoor dining, or new outdoor dining shall require the approval of a Temporary Outdoor Dining Permit by the City. b. Any restaurant that desires to implement outdoor seating, and/or expand current outdoor seating shall file an application for a Temporary Outdoor Dining Permit with the City. The application, shall at a minimum, require written approval by the property owner, and submission of a site plan that includes the area where the outdoor seating will occur, the number of tables, and whether alcoholic beverages will be served outdoors. The City's Emergency Services Director is permitted to promulgate additional application requirements. There is no fee for the application. c. Outdoor seating may only occur in the area immediately adjacent to the restaurant, on the sidewalk, and/or in a private parking area. d. Outdoor seating shall not interfere with any established and/or physically marked path of travel under the Americans with Disabilities Act ("ADA"), and shall not be placed in any ADA accessible parking stall. e. Outdoor seating shall not create any traffic issues. f. For requirements not set forth herein, all restaurants shall comply with the latest requirements of the COVID-19 Industry Guidance: Dine-In Restaurants, issued by the California Department of Public Health and the State of California Department of Industrial Relations ("State Order") and the County Order. In the event of any inconsistency between the State Order and the County Order, the stricter shall prevail.
g. The applicant may not serve alcoholic beverages unless its current CUP allows for alcoholic beverage service. The applicant shall comply with all rules and regulations issued by the California Department of Alcoholic Beverage Control for the service of alcohol.
h. The Director of Emergency Services may place additional conditions on any Temporary Outdoor Dining Permit to protect the public health, safety and welfare.
i. The Director of Emergency Services may relax all parking requirements set forth in the City's Code, to accommodate outdoor dining. j. Failure to comply with the provisions of the Temporary Outdoor Dining Permit shall subject the applicant to revocation of the Permit. k. All Temporary Outdoor Dining Permits shall expire 90 days from the date of this Proclamation, unless extended by the Director of Emergency Services.

1. The Director of Emergency Services may promulgate an appeals process for the revocation of a Temporary Outdoor Dining Permit.

9. Temporary Banners. As a means of allowing local businesses to better advertise to customers, establish rules for entry, and designate temporary areas for conducting business, the City desires to continue to temporarily relax the rules that regulate temporary signs in the City, as follows:
a. During the existence of the local emergency, any temporary sign as defined in Section 15.32.020 of the City's Code, not exceeding 80 square feet, may be erected in any zone, provided that a Temporary Sign Permit has been first obtained from the City. All temporary signs permitted under this Proclamation shall be removed within 30 days of the expiration of the local emergency.

10. Development Fees. To help alleviate the economic hardships related to the COVID-19 pandemic, to assist businesses on the road to economic recovery, and to spur economic development in the greater Los Angeles region, the City desires to continue the program to reduce development fees in the City, as follows:

All fees for any land use entitlement application shall be reduced by 50 percent, not to exceed $50,000.00 for any application.

11. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Industry.

12. The City Council shall review the need for continuing the local emergency, as set forth by State law.

13. The provisions of this Proclamation 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 Proclamation or their applicability to other persons or circumstances.

14. A copy of this proclamation shall be forwarded by the City Clerk to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County and by virtue of that declaration the City of Industry; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

15. The City Clerk shall certify to the adoption of this Proclamation and that the same shall be in full force and effect.

16. This Proclamation shall take effect June 11, 2022, and shall be effective until August 10, 2022, or until the City Council rescinds or adopts a subsequent Proclamation.

PASSED, APPROVED AND ADOPTED this 9th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

EXHIBIT B
Resolution No. CC 2022-29
[Attached]
RESOLUTION NO. CC 2022-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, CONTINUING THE

AUTHORIZATION OF REMOTE TELECONFERENCE
MEETINGS PURSUANT TO AB 361

RECITALS
WHEREAS, the City Council of the City of Industry ("City") is committed to preserving and encouraging public access and participation in its meetings; and WHEREAS, all meetings of the legislative bodies of the City are open and public, as required by the Ralph M. Brown Act (Gov. Code §§54950 - 54963) ("Brown Act"), so that any member of the public may attend, participate, and observe the City Council conduct its business; and
WHEREAS, in March 2020 as a response to the ongoing COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20 and N-29-20. These orders suspended certain elements of the Brown Act and specifically allowed for legislative bodies as defined by the Brown Act to hold their meetings entirely electronically with no physical meeting place. On June 11, 2021, Governor Newsom issued Executive Order N- 08-21, which provided that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act would continue to apply through September 30, 2021; and WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added subsection (e) to Government Code §54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code §54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, one of the conditions required is that a state of emergency has been declared by the Governor pursuant to Government Code §8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code §8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, in March 2020, in response to the spread of COVID-19 in the State of California, the Governor Proclaimed a State of Emergency pursuant to Government Code §8625, and issued a number of executive orders aimed at containing the COVID-19 virus, and the County of Los Angeles through various Orders of the Los Angeles County Health Officer, continues to impose or recommend measures to promote social distancing; and WHEREAS, the City Council has adopted proclamations declaring the existence of a local emergency within the City of Industry in response to COVID-19, which supported the requisite conditions for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code § 54953(b)(3); and WHEREAS, Los Angeles County officials have recommended measures to promote social distancing, and strongly recommend masks for all regardless of vaccination status in an effort to slow the transmission of COVID-19 throughout the State and Los Angeles County; and
WHEREAS, the City Council is concerned about the health and safety of all individuals of the public who attend public meetings; and WHEREAS, as a consequence of the continued state of emergency, the City Council adopted Resolution No. CC 2021-61 on October 14, 2021, Resolution No. CC 2021-68 on November 13, 2021, Resolution No. CC 2021-69 on December 13, 2021, Resolution No. CC 2022-01 on January 12, 2022, Resolution No. CC 2022-07 on February 11, 2022, Resolution No. CC 2022-10 on March 13, 2022, Resolution No. CC 2022-14 on April 12, 2022, and Resolution No. CC 2022-17 on May 12, 2022, finding and determining that the City Council would continue to conduct its meetings without compliance with Government Code §54953(b)(3), as authorized by Government Code §54953(e), and that the City Council would continue to comply with the requirements to provide the public with access to all public meetings as prescribed in §54953(e) (2); and WHEREAS, pursuant to the provisions of AB 361, the City Council hereby finds and determines that the findings set forth in Resolution No. CC 2022-17 remain, and that it is thereby necessary to continue to conduct its meetings without compliance with Government Code §54953(b) (3), as authorized by Government Code §54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE AND RESOLVE 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 Council hereby considers the existing conditions of the state of emergency, local officials in Los Angeles County have recommended or imposed measures to promote social distancing in connection with COVID-19. Based on these facts, findings, and determinations, the City Council authorizes staff to conduct remote teleconference meetings of the City Council, under the provisions of Government Code §54953(e).

SECTION 3: The City Manager or his designee is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution and AB 361, including continuing to conduct open and public meetings in accordance with the Brown Act.

SECTION 4: This Resolution shall take effect June 11, 2022, and shall be effective until the earlier of July 11, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code §54953(e)(3) to extend the time during which the City Council may continue to meet by teleconference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 9, 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. 6.4

CITY OF INDUSTRY

RONNIELES COME

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager Of
STAFF: Yamini Pathak, Director of Finance 48
DATE: June 9, 2022
SUBJECT: Consideration of Resolution No. CC 2022-22 - A Resolution of the City Council of the City of Industry, California Approving and Establishing the Fiscal Year 2022-2023 Appropriations Limit, and Selecting the Growth in California Per Capita Income and County Population Growth Adjustment Factors for the City Pursuant to Article XIIIB of the California Constitution

BACKGROUND
The appropriations limit is a State-mandated requirement for all cities that must be approved by the City Council prior to the start of the fiscal year. The appropriations limit sets the City's annual cap for spending tax proceeds for the fiscal year.

In accordance with the provisions set forth in Government Code Section 7910, 15 days prior to the meeting adopting the appropriations limit, documentation used in the determination of the appropriations limit and other necessary determinations must be made available to the public.

DISCUSSION
The FY 2022-23 ("FY 23") appropriations limit was calculated by using the growth in the non-residential assessed valuation due to new construction and population growth adjustment factors within the City. The FY 23 growth rate was calculated at 1.0759%, which increases the appropriations limit for the City to $1,043,490,318. The public notice regarding the availability of documents related to the appropriations limit was posted to the City's bulletin board and website on May 16, 2022.

The appropriations limit calculation is attached to this Staff Report and was developed in accordance with the FY 23 Proposed Operating Budget. Based on the calculation and City's adopted budget levels, the City will be well under the cap for FY 23. 15625 E. Stafford Street • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

FISCAL IMPACT
The appropriations limit of $1,043,490,318 will be established for FY 2022-23. There is no fiscal impact associated with this report.

RECOMMENDATION
Staff recommends the City Council adopt Resolution No. CC 2022-22, approving the Appropriations Limit for FY 2022-23.

Attachments:

1. Resolution CC 2022-22 - Resolution Approving the FY 23 Appropriations Limit

2. Exhibit A - Appropriations Limit Calculation
RESOLUTION NO. CC 2022-22

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

CALIFORNIA, APPROVING AND ESTABLISHING THE FISCAL YEAR
2022-23 APPROPRIATIONS LIMIT AND SELECTING THE GROWTH IN

CALIFORNIA PER CAPITA INCOME AND COUNTY POPULATION

GROWTH ADJUSTMENT FACTORS FOR THE CITY PURSUANT TO

ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, the appropriations limit is a State-mandated requirement tor all cities, that must be approved by the City Council prior to the start of the fiscal year; and WHEREAS, the appropriations limit sets the City's annual cap for spending tax proceeds for the fiscal year; and
WHEREAS, in accordance with the provisions set forth in Government Code Section 7910, 15 days prior to the meeting adopting the appropriations limit, documentation used in the determination of the appropriations limit and other necessary determinations must be made available to the public; and WHEREAS, the City posted its public notice regarding the availability of documents related to the appropriations limit calculation to the City's bulletin board and website on May 16, 2022; and
WHEREAS, the Appropriations Limit was developed in accordance with the FY 2022-23 ("FY 23") Proposed Operating Budget; and
WHEREAS, the FY 23 Appropriations Limit was calculated by using the growth in the non-residential assessed valuation, which was calculated at 1.0759 percent, as a result of new construction and population growth adjustment factors within the City.

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

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The appropriations limit of the City of Industry for the 2022-23 Fiscal Year is hereby approved and established at $1,043,490,318 pursuant to Article XIIIB of the California Constitution.

Section 3. The appropriations limit was calculated by using the growth in the non- residential assessed valuation, which was calculated to be 1.0759 percent, due to new construction and population growth adjustment factors within the City.

Section 4. The provisions of this resolution are severable and if any provision, clause, sentence, word or part there for 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 5. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 9, 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

EXHIBIT A

ANNUAL APPROPRIATIONS LIMIT CALCULATION
FOR FISCAL YEAR 2022-23
Inflation Factor (Selected higher of the following):

Growth in the
California per capita State Department of
personal income 7.55% Finance 1.0755 Factor
Growth in the non-
residential assessed
valuation due to new
construction within Selected for
the City 7.59% HDL Coren & Cone 1.0759 Factor Calculation Population Factor (Selected higher of the following):
[selected for
Trance partment of -1.0045 Calculation
City -0.45%
State Department of
County -0.71% Finance
Annual Limits Calculation:

Appropriations Limit for Fiscal Year 2021-22: $ 973,950,269 (A) Adjustment Factors For Fiscal Year 2022-23:

Inflation Factor (B) Population Factor (C)

1.07590 -1.00450
Combined Factor (B times C)
(1,08070) 0.0714 (D)
Adjustment for Inflation & Population (A times D): $ 69,540,049 Appropriation Limit for Fiscal Year 2022-23: $ 1,043,490,318 FINAND
P.

DEPARTMENT OF Gavin Newsom • Governor
CALIFDRNIA FINANCE 1021 O Street, Suite 3110 • Sacramento CA 95814 • www.dof.ca.gov

OFFICE OF THE DIRECTOR
May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
May 2022
Attachment A
Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 × 0.997 = 1.0723 Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
Percent Change =.. Population Minus Exclusions ... Population County
City 2021-2022 1-1-21 1-1-22 1-1-2022
Los Angeles
-1.02 19,975 19,771
-0.42 82,182 81,834
-0.54 56,240 55,934
Artesia -0.74 16,261 16,226
-0.99 3,428 3,394
Azusa -0.97 50,191 49,704
-0.84 71,455 70,855
Bell -1.00 33,962 33,624
-0.96 78,107 77,359
-1.03 39,265 38,861
-0.92 32,565 32,265
-1.09 914 904 904
-0.77 106,268 105,451
-0.97 23,151 22,926
-0.59 92,912 92,362
-1.08 49.163 48.634
-0.78 37,364 37,072
-1.08 12,273 12,140
-1.08 95,261 94,233
-0.95 50,933 50,449
-0.92 22,526 22,318
-0.48 40,330 40,135
-1.06 54,782 54,204

0.83 113,525 112,584
Duarte -1.00 21,473 21,258
-0.94 108,728 107,706
-0.93 17,244 17,084
-0.72 60,382 59,947
-0.77 194,618 193,116
-0.95 52,316 51,821
ens -0.99 13,755 13,619
- 1.00 87,722 86,841
-1.09 19,382 19,171

0.12 1,736 1,738 1,738
-1.06 54,519 53,942 53,942
-0.45 440 438 438
Inglewood -0.62 107,143 106,481 106,481
Irwindale 0.54 1,482 1,490 1,490
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Lotal
County Percent Change -. Population Minus Exclusions ... Population City 2021-2022 1-1-21 1-1-22 1-1-2022
La Canada Flintridge -1.03 20,081
La Habra Heights -1.08 5,655 5,594 5,594
-0.99 80,876
-0.77 48,696

0.62 171,234
-0.10 37,587
-0.93 32,304
-1.07 31,301
Lomita -1.05 20,633

0.20 460,636
-0.88 3,817,053
-0.80 66,723

0.49 10,686
-1.29 34,902
-0.87 24,814
-0.65 37,563
-0.90 61,622
-1.00 60,207
-0.56 100,946
-0.89 167,398
- 1.04 12,980
-1.00 52,477
-0.52 138,310
-0.62 61,442

0.60 149,766
-0.98 41,451
-1.10 68,972
-1.12 1,703 1,684 1,684

0.07 8,283 8,289 8,289
-0.61 50,511
-0.86 34,352

0.00 23,519
-1.03 38,845
-0.62 12,257
Santa Clarita 0.33 228,835
Santa fe Springs 1.05 18,718
Santa Monica -0.89 92,408
Sierra Madre -0.86 10,865
Signal Hill -0.90 11,702 11,597
South El Monte 0.70 19,532 19,668
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
Percent Change Population
County - Population Minus Exclusions -..

City 2021-2022 1-1-21 1-1-22 1-1-2022
South Gate 0.51 92,783 93,259 93,259
South Pasadena -1.00 26,849 26,580 26,580
Temple City -0.64 36,497 36,262 36,262
Torrance -0.99 145,876 144,433 144,433
Vernon -0.95 210 208 208
Walnut -0.88 28,344 28,094 28,094
West Covina -0.96 108,243
West Hollywood -0.43 35,553 35,399 35,399
Westlake Village -0.96 8,121 8,043 8,043
Whittier 0.05 87,886 87,931 87,931
Unincorporated -0.67 1,016,054 1,009,225 1,009,857
County Total -0.71 9,923,635 9,853,284 9,861,224
*Exclusions include residents on federal military installations and group quarters residents in state menta institutions, state and federal correctional institutions and veteran homes.

HdL®_ THE CITY OF INDUSTRY
Coren & Cone NONRESIDENTIAL NEW CONSTRUCTION
2020/21 TO 2021/22 TAX YEARS - IN PARCEL NUMBER ORDER
Prior Year Current Year Percent
Parcel Use Category Owner Improvements Improvements Change Commercial Orange Valley Plaza LIc 1,189,918 1,238,245 + 4.1% 8206-026-036
8206-027-065 Industrial Gear 14505 Proctor LIc 7,338,900 7,465,449 + 1.7% 8206-029-035 Industrial 6,106,100 6,188,799 + 1.4%
8208-019-020 Industrial Quemetco West Lic 43,859,775 48,786,096 + 11.2% 8208-021-027 industrial 5,482,908 10,529,535 + 92.0%
8208-022-036 Commercial H And S Energy LIc 238,134 294,736 + 23.8% 8208-022-044 Commercial Auerbach Hacienda Valley LIc 1,256,446 3,148,731 + 150.6% 8208-023-062 Industrial Rexford Industrial 218 Turnbull Canyon L 10,087,800 10,374,678 + 2.8% 8208-024-021 Industrial Industry Max LIc 4,431,900 4,679,886 + 5.6% 8208-027-014 Industrial Gaytan Group LIc 1,475,365 1,521,859 + 3.2% 8242-028-002 Industrial Driveway Properties Lic 3,624,778 4,318,892 + 19.1% 8250-001-029 Industrial Aaaaa Investment Lic 4,536,960 5,122,949 + 12.9% 8264-008-073 Industrial Duke Realty Lp 35,352,792 38,805,698 + 9.8% 8264-009-023 Industrial Reuland Electric Company 1,866,666 1,905,672 + 2.1% 8264-017-037 Industrial Ecolab Production LIc 2,336,189 4,041,440 + 73.0% 8264-019-018 Industrial Morehouse Foods Inc 3,878,463 4,258,109 + 9.8% 8264-020-028 Industrial Purple River Investments LIc 1,905,360 2,490,599 + 30.7% 8265-068-006 Commercial Tomdan Enterprises Inc 1,892,121 + 99,999.9% 8561-020-004 Industrial Custom Alloy Sales Inc 2,464,832 2,749,990 + 11.6% 8563-002-012 Industrial Sonoco Products Company 2,475,367 2,529,308 + 2.2% 8709-028-007 Commercial Cummings Family LIc 94,524 129,961 + 37.5% 8719-005-014 Industrial Srg Libbey Lic Lessor 14,208,912 23,998,406 + 68.9% 8728-023-025 Industrial Mmk Partners LIc 219,619 284,921 + 29.7% 8729-001-015 Industrial Zausner Foods Corporation 1,986,175 2,050,702 + 3.2% 8760-022-027 Industrial Unical Real Estate LIc 11,208,958 12,142,585 + 8.3% 25 Parcels Listed 167,626,841 200,949,367 + 19.9%
This calculation reflects the 2021/22 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2021/22 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.

Total Change in Non-Residential Valuation Due to New Development 33,322,526 -1,736,614
Less Automatic 1.036% Assessors's Inflation Adjustment
31,585,912
Actual Change in Non-Residential Valuation
Change in Total Assessed Value 416,056,015

7.59%
= Alternate 2022/23 Appropriations Limit Factor
Change a Toval Asses ale wine ase a value change of on ocal storied are red and and uproar ale incroass greater than 1,0% Data Source: Los Angeles County Assessor 2021/22 Secured Tax Rolls Prepared On 12/21/2021 By MV This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Page 29

CITY COUNCIL
ITEM NO. 6.5

COT OF MOUSED

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager Ca
STAFF: Sam Pedroza, Assistant City Manager Y
DATE: June 9, 2022
SUBJECT: Consideration of Resolution No. CC 2022-27, approving a donation to FAR Side Journey Incorporated, in the amount of $3,000.00
Background:

FAR Side Journey is a non-profit organization that creates a foster, adoption, and rescue network so that no owner-relinquished or stray animal is held in a municipal shelter awaiting adoption or potential euthanasia due to overcrowded conditions. The organization hosts adoption events at Pet Smart in the City of Industry.

Discussion:

FAR Side Journey contacted the City for a donation so that it can provide its rescue services to the community. The donation of $3,000.00, along with other sponsor donations will help FAR Side Journey continue its animal rescue efforts. The City's donation serves a public purpose by providing the resources needed for its rescue efforts.

Fiscal Impact:

In the Fiscal Year 2021/2022 budget, $456,00.00 was approved for Community Promotions and Economic Development. To date we have spent $412,000.00. No appropriations are required at this time (Account No. 100-621-5601).

Recommendation:
1) Staff recommends that the City Council adopt Resolution No. CC 2022-27 approving a donation of $3,000 to FAR Side Journey.

Exhibit:

A. Resolution No. CC 2022-27
JN/SP:yp
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

EXHIBIT A
Resolution No. CC 2022-27
[Attached]
RESOLUTION NO. CC 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO FAR

SIDE JOURNEY IN THE AMOUNT OF THREE THOUSAND
DOLLARS ($3,000.00) FOR ANIMAL RESCUE SERVICES

RECITALS
WHEREAS, FAR Side Journey is a non-profit organization that creates a foster, adoption, and rescue network so that no owner-relinquished or stray animal is held in a municipal shelter awaiting adoption or potential euthanasia due to overcrowded WHEREAS, the organization's mission is to rescue animals at risk for euthanization from municipal animal shelters, allowing the animals to become adoptable.

FAR Side Journey works with the community to help the animals and to provide programs and services to enhance the bond between people and their pets; and WHEREAS, FAR Side Journey requested a donation from the City to assist with funding for the services it provides to the animals it rescues. The donation of $3,000.00, along with other sponsor donations will help FAR Side Journey to continue rescuing animals, so that they can be adopted; and
WHEREAS, the City's donation serves a public purpose in that FAR Side Journey rescues, rehabilitates, and re-homes the animals that it rescues. The City's donation will allow FAR Side Journey to continue provide these services to the animals it rescues; 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 in that FAR Side Journey rescues, rehabilitates, and re-homes the animals that it rescues so that they can be adopted. The City's donation will allow FAR Side Journey to provide these services to the animals it rescues.

SECTION 3: The City Council approves a donation to FAR Side Journey in the amount of Three Thousand Dollars ($3,000.00).

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: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 9, 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. 6.6

CITY OF MOUSET

CITY OF INDUSTRY
1957
501

ANGELES CON MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager CA
STAFF: sam Petroza, Assistant City Manager l
DATE: June 9, 2022
SUBJECT: Consideration of Resolution No. CC 2022-28, approving a donation to Hand in Paw in the amount of $3,000.00
Background:

Hand in Paw is a non-profit organization that provides pet adoption services to the community. The organization prides itself in giving a joyful experience for those looking to adopt a dog or cat, by having them spayed/neutered, fully vaccinated, micro-chipped, and groomed. Hand in Paw rescues dogs and cats that have been neglected and trains them to be rehomed. They also focus on educating the community about the crisis of overpopulation, irresponsible breeding, puppy mills, neglect and abuse, and the importance of spay and neutering.

Discussion:

Hand in Paw contacted the City for a donation to continue providing its adoption services in the surrounding communities. The donation of $3,000.00, along with other sponsor donations will help Hand in Paw continue their animal rescue efforts. The City's donation serves a public purpose by providing the resources needed to operate the adoption center.

Fiscal Impact:

In the Fiscal Year 2021/2022 budget, $456,00.00 was approved for Community Promotions and Economic Development. To date we have spent $412,000.00. No appropriations are required at this time (Account No. 100-621-5601) Recommendation:
1) Staff recommends that the City Council adopt Resolution No. CC 2022-28 approving a donation of $3,000.00 to Hand in Paw.

Exhibit:

A. Resolution No. CC 2022-28
JN/SP:yp
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

EXHIBIT A
Resolution No. CC 2022-28
[Attached]
RESOLUTION NO. CC 2022-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO HAND

IN PAW IN THE AMOUNT OF THREE THOUSAND DOLLARS
($3,000.00) FOR PET ADOPTION SERVICES

RECITALS
WHEREAS, Hand in Paw is a non-profit organization that provides pet adoption services to the community. Hand in Paw rescues animals that have been neglected and trains them to be rehomed. The organization also focuses on educating the community about the crisis of overpopulation, irresponsible breeding, puppy mills, neglect and abuse, and the importance of spay and neutering; and
WHEREAS, Hand in Paw requested a donation from the City to assist with funding for the services they provide to the animals it rescues. The donation of $3,000.00, along with other sponsor donations will help Hand in Paw to continue rescuing animals, so that they can be adopted; and
WHEREAS, the City's donation serves a public purpose in that Hand in Paw rescues, rehabilitates, and re-homes the animals that it rescues. The City's donation will allow Hand in Paw to provide these services to the dogs it rescues; 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 in that Hand in Paw rescues, rehabilitates, and re-homes the animals that it rescues so that they can be adopted. The City's donation will allow Hand in Paw to provide these services to the animals it rescues.

SECTION 3: The City Council approves a donation to Hand in Paw in the amount of Three Thousand Dollars ($3,000.00).

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: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 9, 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

COTT OF NOUSTRY

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager /
STAFF: Bing Hyun, Assistant Cily Managet
DATE: June 9, 2022
SUBJECT: Consideration of a Professional Services Agreement with Carlyle Johnston to create an organics processing workplan, in the amount of $42,500.00 through June 30, 2023
Background:

California passed Assembly Bill 1826 and Senate Bill (SB 1383) as part of a statewide effort to decrease the level of organic waste from landfills, and reduce methane emissions. SB 1383 established targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025.

The legislation may increase the demand for diverting organic materials away from landfills and presents a potential opportunity for organics processing. The City is interested in exploring the possibility of developing an organics processing facility.

Discussion:

Carlyle Johnston has over 25 years of environmental policy experience in the public sector. He has led projects on trash and recycling policies, managed recycling processing contracts, and established a waste and recycling facility comprised of a materials recovery facility, anaerobic digestion facility, compost management area, and an active landfill. Additionally, Mr. Johnston has worked in the private and non-profit sectors focusing on environmental policy and public relations in California and United Kingdom.

Staff recommends the City Council approve a Professional Services Agreement ("Agreement") with Mr. Johnston to develop a project roadmap and assist Staff with the procurement of organics processing studies. The Scope of Work includes creating a pathway for the possible development and operations of an organics processing facility, and working with Staff on the procurement of appropriate studies. 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Fiscal Impact:

The proposed Professional Services Agreement with Mr. Carlyle is for a not-to-exceed amount of $42,500.00, through June 30, 2023. Its fiscal impact will be reflected in the adopted FY 2022/23 budget in General Fund-Professional Services (Account No. 100- 507-5120.01). Future costs are currently unknown but should be anticipated as the City explores the potential project's feasibility and long-term fiscal impact.

Recommendation:

Staff recommends that the City Council approve the Professional Services Agreement with Carlyle Johnston, dated June 9, 2022.

Exhibit:

A. Professional Services Agreement with Carlyle Johnston, dated June 9, 2022 TH/BH:kt

EXHIBIT A
Professional Services Agreement with Carlyle Johnston, dated June 9, 2022 [Attached]

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of June 9, 2022 ("Effective Date"), between the City of Industry, a municipal corporation ('City") and Carlyle Johnston, an individual, ("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 June 30, 2023, 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. 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.
(c) 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 environmental consulting services in the area of organic waste, serving a municipal 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 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 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 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. 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 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.

Consultant shall not perform any of the Services during Consultation's work hours for the County of Santa Barbara ("County"), and shall not use any County resources to perform the 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.

PAYMENT
(a) The 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 Forty-two Thousand Five Hundred Dollars ($42,500.00) 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.
(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.

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 the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant 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.

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, defend 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.

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.

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.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected 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 contributions to any retirement and/or pension plan, 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 subconsultants of Consultant service as an independent contractor. The indemnity provisions set forth in this Section 9 shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.

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.

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 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
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: Carlyle Johnston
2505 Orella Street
Santa Barbara, CA 93105

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 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.

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 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 Carlyle Johnston
By: By:

Joshua Nelson, City Manager Carlyle Johnston, an individual Attest:

By:

Julie Gutierrez-Robles, City Clerk
Approved as to form:

By:

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services related to the planning, construction, maintenance and operation of a potential organics processing facility:

TASK 1 Develop a Pathway for the Development of Organics Infrastructure With input from the City, Consultant will develop a Pathway that clearly outlines the start and finish of planning and building an organics processing facility, including steps to gather analysis tools needed to determine the feasibility of an organics facility. The development of this Pathway will be an informed and transparent decision-making process for all participants. Additionally, this Pathway will include information on the general activities involved in the maintenance and operation of an organics facility.

Deliverables:

Meeting attendance
Pathway
- Presentation of Pathway
TASK 2 Assist in procurement of a study
Using City's RFP template, Consultant will draft an RFP, or appropriate procurement document, to seek proposals for a study, analysis, or other service as directed by City.

The objectives of the procurement process may include, but are not limited to:

1. Assess the viability of constructing, operating, and maintaining an organics processing plant

2. Identify and recommend organic processing technologies

3. Determine potential expenditure and revenue flow

4. Identify and/or perform studies
Deliverables:
- Draft Request for Proposal
Evaluate proposals received
- Participate in interviews

EXHIBIT B

RATE SCHEDULE
TASK Cost
Task 1: Develop a Pathway for development of organics $18,020.00 infrastructure
Task 2: Assist in procurement of a study $24,480.00
Total (including Optional Task) $42,500.00
Hourly Rate: $170.00

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.

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.

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

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.

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.

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 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 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.

CITY COUNCIL
ITEM NO. 6.8

BUT OF MOUSTAR

CITY OF INDUSTRY
1957

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager 9)
STAFF:

DATE: June 9, 2022
SUBJECT: Consideration of a Professional Services Agreement with Keenan & Associates, for Broker of Record Designation Services, in the amount of $140,800.00 through June 30, 2025
Background:

On January 24, 2022, staff released a Request for Proposals ("RFP") for broker of record designation services. The RFP was posted on the City's PlanetBids vendor portal and downloaded by nine prospective bidders. The RFP listed the scope of services as: 1) assess insurance coverage and policies to ensure City's insurance needs are met, 2) review, evaluate, and present insurance plan for new and/or renewed insurance from carriers, and 3) provide support services if requested such as review of certificates of insurance for contracts.

Questions pertaining to the RFP were received until 5:00 p.m. on January 31, 2022.

Proposals were received until 5:00 p.m. on February 8, 2022. Staff received a proposal from one vendor: Keenan & Associates.

Discussion:

City staff reviewed the proposal and found it to be responsive to the RFP. Additionally, Keenan is the City's current broker of record service provider, so it is familiar with the City's insurance coverage needs. Staff recommends Council approves a Professional Services Agreement with Keenan, in a not-to-exceed amount of $140,800.00 effective July 1, 2022, through June 30, 2025.

Fiscal Impact:

Keenan's compensation is based on a flat fee with annual increases as show in the table below. The fiscal impact for this agreement will be reflected in proposed budgets for each corresponding fiscal year (Account No. 100-507-5120.01 Professional Services). 15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Year Cost Percent Increase
7/1/22 - 6/30/23 $45,700.00
7/1/23 - 6/30/24 $47,050.00 2.8%
7/1/24 - 6/30/25 $48,050.00 2.0 %
Recommendation:

1.) Staff recommends that the City Council approve a Professional Services Agreement with Keenan & Associates for Broker of Record Designation Services.

Exhibit:

A. Professional Services Agreement with Keenan & Associates, dated July 1, 2022 JN/BH:yp

EXHIBIT A
Professional Services Agreement with Keenan & Associates, dated July 1, 2022 [Attached]

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of June 9, 2022, between the City of Industry, a municipal corporation ("City") and Keenan & Associates, a California corporation ("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 July 1, 2022 ("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 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. 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.
(c) 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 broker of record services, serving a municipal 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 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 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 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. 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 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.

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) The 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 One Hundred Forty Thousand Eight Hundred Dollars and Zero Cents ($140,800.00) 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.
(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 the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant 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.

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, defend 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.

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.

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.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected 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 contributions to any retirement and/or pension plan, 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 subconsultants of Consultant, service as an independent contractor. The indemnity provisions set forth in this Section 9 shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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 pertormance 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.

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 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
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: Keenan & Associates
4204 Riverwalk Pkwy, Suite 400
Riverside, CA 92505
Attention: Vanessa Pena

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 LAWATTORNEYS' 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 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.

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 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 Keenan & Associates
By: By:

Joshua Nelson, City Manager John Stephens, President
Attest:

By:

Julie Gutierrez-Robles, City Clerk
Approved as to form:

By:

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services:

Consultant shall be designated as the Broker of Record for Liability, Excess Liability, Public Officials Management Liability, Cyber, Crime, Difference in Conditions (DIC), Workers Compensation, Aviation/Airport Liability, Comprehensive Property, and any other insurance products as determined by the City that is found to be in the best interests of the City, collectively the "Coverages". As the Broker of Record, the following services shall be provided:

Coverage Review - Consultant shall review applicable coverage and/or policies and provide information and recommendations regarding insured and/or self-insured options, as requested by the City.

Insurance Needs Assessment - Consultant shall work with the City to determine the City's insurance needs.

Insurance Marketing Plan - Review, evaluate, and negotiate insurance renewals on City's behalf. Consultant shall prepare and present to the City its plan for marketing the City to various carriers and/or coverage providers. In furtherance of this plan, Consultant shall contact those markets that it has determined most likely to meet City's needs.

Insurance Marketing Results - Consultant shall present, along with Marketing Results, a comparison summary highlighting the significant terms and/or differences among the various coverages quoted.
• Collect and maintain for future use all the data necessary and prepare professional insurance proposal submission packages for proper marketing of various coverages.
• Provide as requested from time to time by the City, insurance quotations for additional insurance coverages.
• Check wording for accuracy on new policies, binder, certificates, endorsements, or other documents when they are received, verify that all negotiated coverage enhancements are provided and obtain revisions in such documents when needed
• Oversee and coordinate all services provided by underwriters and insurance carriers on behalf of the City.

Ongoing Service - Provide the following support services:
• Continued analysis of coverage program noting available alternatives as appropriate
• Review of claims experience and trends

• Support with billing concerns
• Act as liaison between City and carriers and vendors and serving as a proactive Client advocate
• Respond to day-to-day questions, including but not limited to coverage questions, and questions regarding the City's insurance requirements in various City contracts
• Service policies in place and endorse as needed to address client's changes in exposures and operations
• Service insurance requests (e.g., issuing certificates of insurances, endorsements, etc.) as needed
• Review certificates of insurance for City contracts; approve or provide department checklist for corrections and assist until certificate complies and is approved
• Respond within 24 hours to answer insurance related questions/concerns • Make a good faith effort to keep City informed of all market developments which might affect the City's access to or cost of insurance • Electronically maintain property schedule of building valuations for all buildings owned by the City; conduct as needed inspections and appraisals of City locations and compute valuations

EXHIBIT B

RATE SCHEDULE
Fiscal Year Proposed Annual Fee
7/1/22 - 6/30/23 $45,700.00
7/1/23 - 6/30/24 $47,050.00
7/1/24 - 6/30/25 $48,050.00

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.

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

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.

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.

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 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 fo 's proper protection and prosecution of the work

CITY COUNCIL
ITEM NO. 6.9

CEO MOUSEE
(1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager Ch
STAFF: Bing Hyun, Assistant City Manager
DATE: June 9, 2022
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with CliftonLarsonAllen, LLP, for Auditing Services, extending the term through June 30, 2023, and increasing compensation by $77,560.00 Background:

On April 23, 2020, the City Council approved a Professional Services Agreement ("Agreement") with White Nelson Diehl Evans, LLP ("WNDE") to provide auditing services, in the amount of $64,240.00 through June 30, 2021. On December 10, 2020, Amendment No. 1 was approved to transfer the Agreement to CliftonLarsonAllen, LLP ("CLA") and revise indemnity provisions to clarify the auditor's role and responsibilities as independent contractors.

On June 10, 2021, Amendment No. 2 was approved to extend the term through June 30, 2022, provide two (2) one-year extension options, and increase the compensation amount by $67,445.00. Additionally, the amendment updated indemnity provisions related to the auditor's status as independent contractors to match the City's current standard language, and updated the notices section to reflect the current addresses for the City Attorney and CLA.

Discussion:

CLA has two (2) one (1) year extensions on its Agreement, Amendment No. 3 will extend the term through June 30, 2023, with a companion increase in compensation of $77,560.00. Amendment No. 3 will also update the notices section to reflect the current address for the City and update the rate schedule.

Table 1 - Summary of Consultant Costs
Contract Description Contract Amount
Professional Services Agreement $64,240.00
Amendment No. 1 $0.00
Amendment No. 2 $67,445.00
15625 E. Stafford Street • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Amendment No. 3 (proposed) $77,560.00
Total $209,245.00
Fiscal Impact:

There is no fiscal impact at this time. Costs for work to be performed through June 30, 2023 will be appropriated in Account Code No. 100-506-5120.01 as part of the FY 2022/23 adopted budget.

Recommendation:

1.) Staff recommends that the City Council approve Amendment No. 3 to the Professional Services Agreement with CliftonLarsonAllen, LLP Exhibit:

A. Amendment No. 3 to the Professional Services Agreement with CliftonLarsonAllen, LLP, dated June 9, 2022
JN/BH:kt

EXHIBIT A
Amendment No. 3 to the Professional Services Agreement with CliftonLarsonAllen, LLP, dated June 9, 2022
[Attached]
AMENDMENT NO. 3

TO PROFESSIONAL SERVICES AGREEMENT WITH

CLIFTONLARSONALLEN, LLP
This Amendment No. 3 to the Professional Services Agreement ("Agreement"), is made and entered into this 9i day of June, 2022 ("Effective Date"), by and between the a california limited labity partnership consula Te clean onell re hereinafter collectively referred to as the "Parties"

RECITALS
professional auditing services; and
WHEREAS, on or about December 9, 2020, Amendment No. 1 was approved to assign the Agreement to CliftonLarsonAllen, LLP ("CLA") and revise the indemnity provisions to clarify the auditor's role and responsibilities as an independent contractor; and
WHEREAS, on or about June 9, 2021, Amendment No. 2 was approved to amend the Agreement to extend the term to June 30, 2022, provide extension options, increase the compensation by $67,445.00, update the rate schedule, amend the notices section to include the current addresses for City Attorney and Consultant, and update the indemnity provisions; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to June 30, 2023, with a companion increase in compensation of $77,560.00, revise the rate schedule, and amend the notices section to include the current 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, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:

Section 1. TERM
Section 1 is hereby amended to read in its entirety as follows:
1 This Agreement shall be effective as of November 1, 2020, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

Notwithstanding the foregoing, the City may extend the Term of the Agreement for a one-year extension.

Section 4. PAYMENT
Section 4(a) is hereby amended to read in its entirety as follows:

The 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 Two Hundred Nine Thousand Two Hundred Forty-Five Dollars ($209,245.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

Section 11. NOTICES
The address for the City is hereby revised to read in its entirety as follows:

To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager

EXHIBIT B RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with the revised Rate Schedule set forth in Attachment 1, attached hereto and incorporated herein by reference.
2 IN WITNESS WHEREOF, the Parties hereto executed this Amendment No. 3 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry CliftonLarsonAllen, LLP
By Joshua Nelson, City Manager By:

Daphnie Munoz, Principal
Attest:

By: _
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
Attachment 1

EXHIBIT B

RATE SCHEDULE
Description of Services Estimated Hours Cost
Audited Financial Statements of the City and Its 471 $72,570.00 Component Units, Report on Internal Controls
Over Financial Reporting, and Auditors'
Communication with the City Council
Report on Agreed-Upon Procedures Applied to 4 $550.00
the Appropriations Limit Worksheets (GANN
A-133 Single Audit of Federal Grants of the City 30 $4,440.00 (if required)
505 $77,560.00

AUDIT STAFF STANDARD HOURLY BILLING RATES
Hourly Rate
Partner $302.00
Manager $211.00
Supervisory Staff $145.00
Professional Staff $115.00
Clerical $85.00

CITY COUNCIL
ITEM NO. 6.10

SATOR NONSTO
1957

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager On
STAFF: Dev Birla, Operations Manager, CNC Engineering
DATE: June 9, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with IDS Group, Inc., to provide engineering services for the Solar Panel Project at City Hall, IBC, and YAL Buildings, revising the scope of services, and increasing compensation by $50,000.00
Background:

On October 14, 2021, the City Council approved a Design-Build Agreement with Skybridge Renewables, Corp. ("Skybridge") for the installation of rooftop solar panels at City Hall, Industry Business Council ("IBC"), and USPS/Youth Activities League ("YAL") buildings. The project involves the installation of rooftop solar panels on each of the buildings with battery storage for the City Hall and the IBC Buildings. This project will require conduit and cable connections from the rooftop solar panels to the electrical service panels of each building. In addition, Skybridge's electrical, civil, and structural design of rooftop solar panels needs to be reviewed and approved before finalizing plans for submittal to Los Angeles County Public Works for permitting and construction.

On December 21, 2021, the City Council approved a Professional Services Agreement ("Agreement") with IDS Group, Inc. ("IDS") for engineering services for the Solar Panel Project at City Hall, IBC, and USPS/ YAL buildings in an amount of $80,000.00. The scope Hain arous is AD or of work includes the review and approval of the Skybridge civil and electrical designs along with City Staff, the upgrade design of the electrical room at City Hall to relocate the electrical service panel outside the building, in order to eliminate code violations, and implement other design improvements required to enable connections with the rooftop solar panels, and coordinate the design with Southern California Edison (SCE").

Discussion:

SCE's Charging Infrastructure and Rebate Program ("CIRP") is a newly introduced program making electric vehicle ("EV") charging equipment more affordable for public entities, thus encouraging EV implementation. Under this program, SCE will perform all the necessary meter infrastructure work leaving only the EV charger installation up to the customer. Staff is preparing CIRP applications for SCE's installation for the utility-side of the meter infrastructure for EV chargers in the City Hall, IBC, and USPS/YAL building 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org parking lots. For the City Hall electrical room upgrades, SCE's service planner provided feedback to the original plan indicating that the required point of connection must be from an above ground pad mount transformer to comply with SCE's new standards rather than the existing below ground transformer as previously planned. The exact location of the pad mount transformer has not yet been determined and will alter the design and scope of work. Staff recommends approving Amendment No.1 to revise the scope to include these services, along with a companion increase in compensation of $50,000.00.

Fiscal Impact:

The fiscal impact is $50,000.00. In the proposed Fiscal Year 2021-2022 Capital Improvement Project budget, $140,000.00 is budgeted for this project (Account No. 120- 725-5130, CIP-CC-18-019-B) and no other appropriations are required.

Recommendation:

Staff recommends that the City Council approve Amendment No. 1 to the Professional Services Agreement with IDS Group.

Exhibit:

Amendment No. 1 to the Professional Services Agreement with IDS Group, Inc., dated June 9, 2022
JN/DB:j

EXHIBIT A
Amendment No. 1 to the Professional Services Agreement with IDS Group, Inc., dated June 9, 2022
[Attached]
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT WITH IDS GROUP, INC.

This Amendment No. 1 to the Professional Services Agreement ("Agreement"), is made and entered into this 9" day of June, 2022, ("Effective Date") by and between City of Industry, a public agency under existing laws of the state of California ("City") and IDS Group, Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about December 21, 2021, the Agreement was entered into and executed between the City and Consultant for engineering services for the Solar Panel Project at City Hall, IBC, and USPS/YAL buildings in the amount of $80,000.00; and WHEREAS, Staff is preparing applications to participate in SCE's newly introduced Charging Infrastructure and Rebate Program ("CIRP") for Electric Vehicle chargers at the City Hall, IBC, and USPS/YAL building parking lots to reduce implementation costs and encourage the use of electric vehicles; and
WHEREAS, Amendment No. 1 is necessary to revise the scope of services to include engineering services related to the CIRP, with a companion increase in compensation by $50,000.00; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter this Amendment No. 1, 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:

PAYMENT
The second sentence of Section 4(a) is amended as follows:

This amount shall not exceed One Hundred Thirty Thousand Dollars ($130,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

Exhibit A, Scope of Work
The Scope of Services is hereby revised to include additional work as set forth in Attachment 1, attached hereto, and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
CITY OF INDUSTRY IDS GROUP, INC.

By:

By: Joshua Nelson, City Manager Said Hilmy, Principal
Attest:

By:_
Julie Gutierrez-Robles, City Clerk

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

EXHIBIT A
Scope of Work
The Consultant shall provide the following additional services:

1.0 EV Charger Support for the City Hall, IBC and USPS/YAL Buildings Provide engineering support on SCE's Charging Infrastructure and Rebate Program as required including, but not limited to, showing the EV charger locations and circuit design, electrical construction documents, and power connections, as needed, with the following deliverables:
• Show the required EV charger parking stalls, as applicable, and the design required.
• Show the SCE transformer locations and connections from point of service to electrical service panels, panel schedule, and circuity (conduits and cables), as required.
• Continue construction with the contractor where SCE's responsibility ends, including completing construction documents and support for electrical permits.

2.0 Upgrade of Electrical Room at City Hall
• Revise original design per SCE's service planner's recommendation to show electrical service point of connection to electrical service panel outside City Hall building from an above ground, three-phase pad mount transformer. • Show all details of new transformer pad, including size and model number of pre- cast pad with box underneath, primary conduits, and secondary conduit/cables from the low side of the pad mount transformer to the electrical service panel outside the building.

EXHIBIT A TO AMENDMENT NO. 1:

PROFESSIONAL SERVICES AGREEMENT WITH IDS GROUP, INC., DATED DECEMBER 21, 2021

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of 21st day of December, 2021 ("Effective Date"), between the City of Industry, municipal corporation ("City") and IDS Group, Inc. a California corporation ("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 December 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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.
(c) 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 electrical, civil, and structural design services for a municipal 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 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 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 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. 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 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
City Manager or his designee 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) The 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 Eighty Thousand Dollars ($ 80,000.00) 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.
(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. LABOR CODE AND PREVAILING WAGES
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 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, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, 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 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.
(c) 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.
(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. The 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 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.

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 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 the documents, designs, drawings, maps, models, computer files, surveys, notes, and other

documents prepared by Consultant 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.

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 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 other than for 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.

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 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 I 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.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected 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 contributions to any retirement and/or pension plan, 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 subconsultants of Consultant, service as an independent contractor. The indemnity provisions set forth in this Section 10(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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. 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.

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 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.

13. 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.

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 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.

15. 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 (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: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
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: IDS Group
1 Peters Canyon Road, Suite 130
Irvine, CA 92606
Attention: Said Hilmy, PhD, SE, LEED AP,
Principal

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.

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.

17. GOVERNING LAWIATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilites 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. CENTIRE 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 deemed an original, but all of which taken together shall constitute one and the same instrument.

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.

22. 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.

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 ind warrants that he/she has the authority to execute this Agreement on behalf of th Consultant and has the authority to bind Consultant to the performance of its obligation hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry IDS Group
mity
By:

Joshua Nelson, City Manager Said Hilmy, Principal
Approved as to form:

Sansa. •Camo
By:

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following engineering services at City Hall, Industry Business Council and USPS/Youth Activities League buildings:

City of Industry City Hall (15625 Mayor Dave Way)
• Provide the required engineering and design for approved construction documents showing the new electrical service switchboard installed on the outside of the existing electrical room.
• Provide the required engineering and design for approved construction documents showing the connections to a new outdoor transformer, with the removal of the existing indoor transformer and the reconnections to the indoor distribution panels.
• Provide the required engineering and support for approved construction documents showing the new connections from the new service equipment to the existing generators ATS switches.
• Provide the necessary engineering and designs for approved construction documents showing a new solar photovoltaic ("PV") disconnect switch for roof mounted solar PV equipment.
• Complete the necessary calculations and review the calculations provided by the design-build contractor for all service sections prior to City approvals. • Coordinate with Southern California Edison ("SCE") on design plans and approvals for a new electrical service upgrade from the existing transformer vault to outdoor service panel.
• Submit sketches of proposed outdoor switchboard design to City for review and comment before finalizing the design and construction documents. • Complete a constructability review of the design-build structural support documents for the buildings PV design, weight calculations, and roof support details.
• Review and provide comments on the solar panel design from the design-build contractor.
• Provide support to the City during the approval process of the solar design documents.
• Provide engineering support for the (4) electric vehicle ("EV") charging stations from the new outdoor service switchboard.

Industry Manufacturers Council Building (15651 Mayor Dave Way) • Provide the necessary engineering and designs for approved construction documents showing the interconnections from the existing service equipment to a new solar PV disconnect switch for roof mounted solar PV equipment to be installed by others.
• Complete a constructability review of the design-build structural support

documents for the buildings PV design, weight calculations, and roof support details.
• Review and provide comments on the solar panel design from the design-build contractor.
• Provide support to the City during the approval process of the solar design documents.
• Review and provide comments of the light fixture upgrade to the inside of the City Council Chamber by an interior designer.

USPS/Youth Activities League Building (15660 Mayor Dave Way) • Provide the necessary engineering and designs for approved construction documents showing the interconnections form the existing service equipment to a new solar PV disconnect switch for roof mounted solar PV equipment to be installed by others.
• Complete a constructability review of the design-build structural support documents for the buildings PV design, weight calculations, and roof support details.
• Review and provide comments on the solar panel design from the design-build contractor.
• Provide support to the City during the approval process of the solar design documents.

Deliverables:
• Site plan showing new switchboard/SCE transformer area and dry-type transformer.
• Electrical room plan showing existing equipment and back-feed assembly. • Single line diagram, load calculations, and details.
• Short circuit coordination study/coordination with SCE. • Design, review, and constructability report.

General:
• Construction Administration.
• Respond to contractor's requests for information ("RF") and review electrical equipment shop drawings.
• Attend up to (3) on-site meetings during construction. Provide written report to the City.

EXHIBIT B

RATE SCHEDULE
Classification: Hourly Rate:

Principal Electrical Engineer $190.00
Associate Electrical Engineer $178.00
Senior Project Manager $168.00
Project Manager $157.00
Senior Engineer 146.01
Senior Cost Estimator $135.00
Project Engineer $135.00
Designer Engineer $119.00
Engineering Designer - BIM $103.00
Designer $98.00
CAD Drafting Engineer $87.00
Office Administration $55.00
2-Person Crew - Utility locating $300.00 (prevailing wage) Expenses:

Printing 11"x17" $3.00 per plot
Printing 24'x36" $5.00 per plot
Delivery & reproductions At cost
Shipping Charges At cost
Travel expenses (tolls) At cost

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.

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

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.

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.

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 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.

CITY COUNCIL
ITEM NO. 6.11

BATOR MONSTE
(1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering ManagerMA•
Sean Nazarie, Sr. Project Manager, CNC Engineering
DATE: June 9, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with MBF Consulting, Inc., for engineering design services for the Replacement of Steel Waterline Crossing over Brea Creek project, extending the term through July 9, 2023 (MP 00-20 #12)
Background:

On July 8, 2021, the City Council approved a Professional Services Agreement ("Agreement") with MBF Consulting, Inc. ("MBF") to provide engineering design services for approximately 200 feet of new 8-inch pipe, of which about 150 feet will cross the Brea Creek Channel on a pre-fabricated support bridge. The project also calls for the design of the relocation and replacement of the existing pump station electrical cabinet, and development of alternatives for the pump station's automatic operation.

Discussion:

The Steel Waterline Crossing over Brea Creek project is still in the early stages of design.

The Agreement expires July 10, 2022, and Staff recommends approving Amendment No. 1 to extend the term through July 9, 2023.

Fiscal Impact:

There is no additional fiscal impact for Amendment No. 1 as sufficient budget remains on the contract (Account No. 120-714-5130) (MP 00-20 #12).

Recommendation:

Staff recommends that the City Council approve Amendment No. 1 to the Professional Services Agreement with MBF Consulting, Inc.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:

A. Amendment No. 1 to the Professional Services Agreement with MBF Consulting, Inc., dated June 9, 2022
JN/SN:jf

EXHIBIT A
Amendment No. 1 to the Professional Services Agreement with MBF Consulting, Inc., dated June 9, 2022
[Attached]
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT WITH MBF CONSULTING, INC.

This Amendment No. 1 to the Professional Services Agreement ("Agreement"), is made and entered into this 9th day of June, 2022, ("Effective Date") by and between City of Industry, a municipal corporation California ("City") and MBF Consulting, Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about July 8, 2021, the Agreement was entered into and executed between the City and Consultant for engineering design services for the replacement of the steel waterline crossing over Brea Creek, in the amount of $68,900.00; and WHEREAS, the project design is ongoing, and Amendment No. 1 is necessary to extend the term through July 9, 2023, to allow the Consultant to continue providing engineering design services; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter this Amendment No. 1, 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
Section 1, Term, is hereby revised 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 July 9, 2023, unless sooner terminated pursuant to the provisions in the Agreement.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
(SIGNATURES ON THE FOLLOWING PAGE)
"CITY" "CONSULTANT"
CITY OF INDUSTRY MBF CONSULTING, INC.

By: By:

Joshua Nelson, City Manager Michael Fakhar, Principal
Attest:

By:

Julie Gutierrez-Robles, City Clerk

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

PROFESSIONAL SERVICES AGREEMENT WITH MBF CONSULTING, INC., DATED JULY 8, 2021

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as ot July 8, 2021 (Etective Date ), between the City of Industry, a municipal corporatior "City") and MBF Consulting, Inc. a California corporation ("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:

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 July 10, 2022, unless sooner terminated pursuant to the provisions of this Agreement. ni 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 engineering services, serving a municipal (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 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 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 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. 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 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.

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) The 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 Sixty-Eight Thousand Nine Hundred Dollars ($68,900.00) 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.
(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.

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 the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant 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.

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, defend 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.

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.

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 directior 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. 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.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected 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 contributions to any retirement and/or pension plan, 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 subconsultants of Consultant, service as an independent contractor. The indemnity provisions set forth in this Section 9 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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.

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 (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: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
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: MBF Consulting, Inc.
22321 Birchleaf
Mission Viejo, CA 92692
Attention: Michael Fakhar, Principal

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 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 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 LAWATTORNEYS' 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 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.

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 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 MBF Consulting, Inc.

By: By: -Mechan
Cory C. Moss, Mayor Michael Fakhar, Principal
Attest:
as all
Juie Gutierfez-Robles, City Clerk
Approved as to form:
anach Caro
By:

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services for the replacement of the existing potable water feeder line over Brea Canyon Channel and upgrades to the existing pump station located on the west side of the Channel:

Plans
Using base maps to be provided by City, Consultant will redline the proposed water line and pump station electrical improvements based on the City design standards anc requirements and with sufficient notes and details for construction of the water line anc new pump station electrical cabinet containing new switch board and existing pump control panel and submit them to City. Consultant will subsequently back-check and review CAD drawings of the marked-up plans (redlines) and will submit all review comments to City. The base map provided by City will reflect the location of existing site features and improvements including dry and wet utilities, necessary for designing the proposed improvements.

Information Required by Southern California Edison ("SCE") Due to Power Pole Relocation
Consultant shall provide the necessary information required by the electric power provider application for relocation of the power pole including switch board information, single line diagram, load schedule and site plan. Processing the application through SCE will be by City.

Special Provisions
Consultant shall provide all necessary special provisions for construction of the water line improvements and submit electronic copies to City.

Estimates
Consultant shall prepare an itemized estimate of quantities along with a statement of construction cost with estimated unit costs for each item.

Utility Coordination
Using available record drawings of existing utilities to be provided by others, Consultant will provide solutions to any utility conflicts.

Respond to Plan Check Comments
Consultant will be available to respond to plan check comments on items related to its design.

Construction Support Services
Consultant shall be available to respond to questions during the bidding and construction phase including four (4) shop drawing submittals.

Recommendations for Automatic Operation of the Pump Station Consultant will prepare, discuss and recommend several alternatives for automatic operation of the pump station. This task is limited to recommendation of several alternatives and their estimated costs. Task does not include any design or plan preparations.

EXHIBIT B

RATE SCHEDULE

1. Provide engineering design and Construction Support services for Replacement of Waterline Grossing Over Brea Creek. $28,300.00

2. Provide Electrical Engineering and Structural design services $35,700.00

3. Provide options for Automatic Operation of the Pump Station $4,900.00

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.

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

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
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 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, 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.

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 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 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.

CITY COUNCIL
ITEM NO. 6.12

BUT OF INDISTIN
1957

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager (J
STAFF: Mathew Hudson, Engineering Manager ME.

Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: June 9, 2022
SUBJECT: Consideration of authorization to advertise for public bids for Contract No.

CITY-1480, Stimson Avenue Crossing at LA Subdivision, for an estimated cost of $524,000.00 (MP 06-11 #21)
Background:

On June 22, 2016, representatives from the City, Union Pacific Railroad ("UPRR"), Caltrans Division of Rail, and the California Public Utilities Commission ("CUC") met to review the Stimson Avenue at-grade highway-rail crossing. This crossing was identified for funding for hazard elimination and safety improvements through the Federal Section 130 funds. The Section 130 Program is a federally funded program, administered by the states, for the elimination of hazards at at-grade highway-rail crossings.

The CPUC Rail Crossing Engineering Section's diagnostic team analyzed the existing conditions of vehicular and bicycle travel, pedestrian pathways, and rail traffic on Stimson Avenue. The analysis identified that both rail and local roadwork would increase safety and that the improvements qualify for funding under the Section 130 Program. To access the funds, a contract and notice to proceed must first be executed by Caltrans. The funding can then be used to reimburse the actual and direct costs of the recommended improvements' design and construction.

The improvement recommendations identify both railroad and local roadwork to be completed on Stimson Avenue. UPRR and the City will be responsible for the improvements in their respective jurisdictions and must coordinate their respective work items. Each agency will have a separate contract with Caltrans. The scope of work for the City includes preparation of final plans, specifications, and estimates ("PS&E") as well as project construction. Caltrans will reimburse the City for all expenses related to the project's completion including PS&E, project management, construction management, construction support, and construction.

Discussion:

The PS&E have been completed. The improvements within the City's jurisdiction include the reconstruction of concrete sidewalk in each of the four approach quadrants, installation of detectable warning surfaces on all sidewalk approaches, and the reconstruction of approximately 150 feet of asphalt pavement. 100 percent of the construction cost will be refunded by Caltrans.

Fiscal Impact:

The estimated cost for this project is $524,000.00
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

EXHIBIT A
Notice Inviting Bids
[Attached]

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 480

STIMSON AVENUE GRADE CROSSING IMPROVEMENT
CONTRACT NO. CITY-1480
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until July 20, 2022 at 10:00 a.m., via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042 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 Contractor 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)
The Scope of Work is as follows: Stimson Avenue Grade Crossing Improvement: The work consists of improving the existing Stimson Ave. at-grade crossing, existing sidewalk, and existing medians to the northwesterly and southeasterly sides of Stimson Ave.

Plans & Specifications are available in the PlanetBids portal for Contract CITY-1480.

Online Questions and Answers will be due via the City of Industry's PlanetBids ™ vendor portal July 11, 2022 at 5:00 p.m.,
Qualifications of the Contractor: The Contractor shall have at least five (5) years of experience performing similar work in Southern California or have performed similar work for City of Industry in the past. Provide a list of three (3) projects completed within the past five (5) years with the name of the company, contact person and bid price. Contractor shall complete and submit Contractor's Statement of Experience.

CITY OF INDUSTRY PROJECT NO. 480

STIMSON AVENUE GRADE CROSSING IMPROVEMENT
CONTRACT NO. CITY-1480
der's had for not less than ten percent ra% in the total am a shine co ca or 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 June 9, 2022.

Julie Gutierrez-Robles - City Clerk

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

CITY OF INDUSTRY
PROJECT NO. 480

STIMSON AVENUE GRADE CROSSING IMPROVEMENI
CONTRACT NO. CITY-1480

ENGINEER'S ESTIMATE
$524,000.00

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

SECTION A

CITY OF INDUSTRY
PROJECT NO. 480

STIMSON AVENUE GRADE CROSSING IMPROVEMENI
CONTRACT NO. CITY-1480
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until July 20, 2022 at 10:00 a.m., via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

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 Contractor 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.

The Scope of Work is as follows: Stimson Avenue Grade Crossing Improvement: The work consists of improving the existing Stimson Ave. at-grade crossing, existing sidewalk, and existing medians to the northwesterly and southeasterly sides of Stimson Ave.

Plans & Specifications are available in the PlanetBids portal for Contract CITY-1480.

Contract No. CITY-1480 - Specifications A-1
Online Questions and Answers will be due via the City of Industry's PlanetBids ™ vendor portal on July 11, 2022 at 5:00 p.m.,
Qualifications of the Contractor: The Contractor shall have at least five (5) years of experience performing similar work in Southern California or have performed similar work for City of Industry in the past. Provide a list of three (3) projects completed within the past five (5) years with the name of the company, contact person and bid price. Contractor shall complete and submit Contractor's Statement of Experience.

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-1480 - STIMSON AVENUE GRADE CROSSING IMPROVEMENT, 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™ , however, the three apparent low bidders will be contacted to submit the original bid bond 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 satistactory 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.

Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract No. CITY-1480 - Specifications A-2
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 $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 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.

Contract No. CITY-1480 - Specifications A-3
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 indemnify 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 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.

Contract No. CITY-1480 - Specifications A-4
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.

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 Contract No. CITY-1480 - Specifications A-5
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.

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
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 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Contract No. CITY-1480 - Specifications A-6
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.
(i) Section 1777.4, Apprenticeship Requirements.
(II1) 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 subcontractors) 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).

Submit the DIR form included in Section C with proposal.

PREVAILING WAGE - FEDERAL LABOR STANDARDS
This is a federally assisted contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced. In the event of a conflict between the Federal and State hourly wage rates, the higher of two will prevail. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing wage rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those Contract No. CITY-1480 - Specifications A-7
determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Industry, 15625 Mayor Dave Way, City of Industry, CA 91744, and are available to any interested party on request. Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him or her. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

DBE REQUIREMENT
The city has established a DBE contract goal of 14%.

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 June 9, 2022.

Julie Gutierrez-Robles - City Clerk
Contract No. CITY-1480 - Specifications A-8

EXHIBIT D
Reduced Set of Project Plans
[Attached]

CITY OF INDUSTRY
IMPROVEMENT PROJECT NO. 1480 100% SUBMITTAL NOT FOR CONSTRUCTION

STIMSON AVENUE GRADE

CROSSING IMPROVEMENT
CONTRACT NO. CITY 1480
STPLR - 7500 (258)

SHEET INDEX
SHEET NO. DESCRIPTION

TITLE SHEET
- PRO.ICeT SE

NOTES AND TYPICAL SECTION
DETALS

PLAN AND PROFIE

STREET LIGHTING PLAN

LOCATION MAP TRAFFIC CONTROL PLAN

DETOUR PLAN
LEGEND AND ABBREVIATIONS: LIST OF STANDARDS

PROJECT LIMITS

SOUTHERN CALIFORNIA EDISON

GIN CONCURE RETURN DRIVEWAY APPROACH
SPNC STD, PLANNO. 111-5 TRUNCATEO COME
SPPWC STD. PLAN NO. 205-3 MANHOLE ADLUSTMENT
• VENTICAL CURSE
STATE CE CALFORNIA 3018 EDITION
CALTRANS STD. PLAN NO. A204 - A24F STRIPING
INDUSTRY WATER WORKS SYSTEM CALTRANS STD. PLAN NO. R51 - ESZ SIGNING OF CRIVEWAY CURD CALTRANS STD. PLAN NO. ASTA DREWAY

LOANA PUBLIC UTTIES CONMISSCH

COISTO PLAN NO IT GE MOUSTRY STANDARD RANS CURS AND GUTTER COI STO FLANNO. 115 SIDEWALK

CALFORMA PUELIC UM IS COMMISSION CRUCE
STANDARD NO. B FLASHING LIGHT SIGNAL ASSEMBLY
STANCARD NO. 3 FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE N.T.S.

EX SEWER MANHOLE

EX MONTORING WELL
cy momenty

EX CURS AND GUTTER
FY SON

STREET RAM

EX CASUN

OX SANTARY SEWER UNE

EX STORM DRAN UNE
& OM A FENCE PROPOSED

RIGHT OF WAY

NOTICE TO CONTRACTOR
DOT# 810871U
LAT: 34.011842
LONG: -117.954615
M.P. 18.340
JOSHUA NELSON, FE, REE C03D GIY MANAGER
A. ABAD CITY OF INDUSTRY Plans Prepered b STIMSON AVENUE GRADE CROSSING IMPROVEMENT CONTRACT NO.: CITY-1480 811 CMS. # JMD
NORPORATED JUNE 1A 10T

TITLE SHEET
110018 ]SCALE: NONE OWG NO. XX-ODX SHEET 1 OF 11

CONSTRUCTION NOTES
-PROTECT IN PLACE
*REMOVE ITEM PER PLAN
-REMOVE, HAUL AND DISPOSE DISTING AC PAVEMENTIAGO 100% SUBMITTAL NOT FOR CONSTRUCTION SPIC 300222 INCH THICK CRUSHED AGGREGATE BASE PER
SOMKO
-DaL
CONSTRUCT 7.INH A PAVEMENT, RAROAD PC PANT.

PEN RENER MEN PER CALTRANS STO
SoN VENIR

CUTTER O OUTER
- 01002* TYPICAL SECTION
ROM STA 102+55.19 TO STA 105•00 0

MOVE AND RECONSTRUCT LINCH POOSHAPER CUT O
CONCRETE SLURRY: (SEE DETAL O
2- ADJUST MANHOLE FRAME AND COVER TO GRADE PER SPPI
ID. PLAN NO. 205
-ADIUST GUY WIRE TO GRADE. (BY OTHERS)
SAMM

GUTTER O
ROM STA 103-0897 TO STA. 109-41.-
CONSTRUCT 4 INCH THICK AC PAVEMENT PG 0&-10-B) OVER G NT.S

AB AT THE BACK OF PROPOSED DRIVEWAY
(21 ADJUST GAS TO GRADE (BY GAS COMPANY FORCES
ILL PRECAST CONCRETE SUR PANELS, LENGTH IS 8-

SUBURBAN WATER SYSTEMS - REMOVE AND RECONSTRUCT CURB & TRANSITION PER CITY O. CALIFORNA GAS COMPAN (213) 231-4043 SIGNING AND STRIPING NOTES TO STAIRUT ON 55.

RORS IN THE PLANS) TO THE

MICHAEL TATALOVICH
(502) 003-7411 PROTECT EXISTING STRIPINGLEGEND IN PLICE

LOS ANGELES COUNTY SANITATION DISTRICT SOMO
O SPAK

NOVE STRIPING AND MARKING BY WET SANDELASTING
(926) 458-4830
32 A COMATO BE VALES BOXES ALL BONES.
(951) 712-8342

ONE LANE SHALL BE MAINTAINED OPEN DUFING CONSTRUCTION AT STALL RALROAD CROSSING SYMBCL PAVEMENT MARKINGS PE DON GUINN 2714)5-0-4401 STIMSON AVENUE

AND COLOR PER PLA TYPICAL SECTION
35 AGENCE ACTOR RESPONS LEFOR COORDIMATING MITH ARUCENT PRCM STA 702S TO STA 101-11.19 55273-034 - INSTALL 12-INCH THERMOPLASTIC (TYP) WHTE UMIT UNE

DEBOO BUSNESS

SO EAT SURE ANA GAS TRANSMISSION CATASTRAY MATE CROSSWALK PERM REMOVE EXISTING SIGN ANDIOR POLE PER PLAN.

INSTALL SIGN AND POST PER PLAN. 37 32

STAL BET, ON, AND CURE STRE PER MEAN NOSE
SENO
CE PER PUNCH THERMOPLASTIC MY, YELLOW ANGLE UNE 15
LEGEND
& AC PAVEMENT (SURFACE & BASE COURSE
1O CRUSHED AGGREGATE BASE STIMSON AVENUE

TYPICAL SECTION
T THICK AC PAVEMENT BUFFER FROM STA IDA-TA24 TO STA 10417124 DOT# 810871U
LAT: 34.011842
AC PAVEMENT AT THE BACK OF PROPOSED DWY LONG: -117.954615 CITY OF INDUSTRY M.P. 18.340
ELEMENT. CALVILLO, PENCE 2774) CEPUTY CITY ENGINEER
Plans Prepared by: STIMSON AVENUE GRADE CROSSING IMPROVEMENT 811. CITY OF INDUSTRY :. JMD

HONESO SOLAND NOTES AND TYPICAL SECTION
hats below Adminstatve O
all 811 before you di 102018 SCALE: NONE OWG NO. XX-ODX SHEET 2 OF 11

CONSTRUCTION NOTES

PROTECT IN PLACE
-R-VVS HAMP-RAA
IOM SURMITTAl NOT FOR CONSTRUCTION

CURGRADE COMPACT EXISTINE SIRT
CONSTRUCT 7:INCH AC PAVEENT. RALROAD POC PANEL.

SECTIONA-A
-REMOVE AND RECONSTRUCT DRIVEWAY PER CALTRANS ST
(037.12) W 09 21 UP CRN 104050 10-00 -NO- 102 ND RECONSTRUCT DOVENWY PER SPPIC STO PLAN STA 154+80.33 -SOENNATCH
- RAILROAD TRACI SID RUANO 2E FRANE AND COVER TO GRADE PER SPPNC

SECTIEN B - B

BRADE CONTRACTOR NEED
15)- STREST LICHT POLE SEE SHEET S FOR DETAIL
*- ADJUST GUY WRE TO GRADE (BY OTHERS)
-MA HEX 8:350м
•-REMOVE AND RECONSTRUCT STREET HT PULLBOX TO GRADE
CONSTRUCT & INCH THICK AC PAVEMENT (P 06-10-R) GVER

D AB AT THE BACK OF PROPOSED DRI VENA
(21)- ADLUST GAS TO GRADE, (tY GAS COMPANY FORCES

METALLO PRECAST CONCRETE SUB PANELS, LENSTHIS B FEET

REMOVE AND RECONSTRUCT CURB & TRANSITION PER CITY OF
INDUSTRY STD PLAN 112, DETAL A1
OSTLT. T-THICKAC PAVEMENT BUFFER
UURLO

AC PAVEENT AT THE BACKOF PROPOSED OW
ETA

DETAIL A DETAIL B AC PAVEENT BETONO RW

EASTERLY SIDEWALK WESTERLY SIDEWALK

OF RAILROAD TRACKS OF RAILROAD TRACKS

OR CUREE
""MIN THICK SAND BASI

SECTION D - D
SECTIEN C -C CALE T-! DETAIL C

COBBLE INSTALLATION ADJACENT

TO STREET CURB
DOT# 810871U
LAT: 34.011842
LONG: -117.954615 CITY OF INDUSTRY
M.P. 18.340
AA9A0 Plans Prepared by

STIMSON AVENUE GRADE CROSSING IMPROVEMENT
811 MOur. CITY OF INDUSTRY :IJMD

KOLE SOLANK

DETAIL SHEET

EM DEAS
ow whats belov
- Bil befare yoa C (020) 333-2211 SCALE: NONE LOWG NO. XX-00X SHEET 3 OF 11

TRACK C

EXISTING WL
340 TOP OF CURI

EXISTING WLY NOT FOR CONSTRUCTION
338 336
33S= PROPOSED WLY
336-
ISLAND @ ST.C TRACKE EXISTING WLY

EXISTING WILY FLOWLINE
"FLOWLINE
340- EXISTiNG SURFACE StA.
@ ST. CENTERLINE
338 338-
[PROPOSED LEFT 336

AND KICH

TC OF MEDIAN SLAND TRACK C
340- 340-
338-
336 5- ***--
336

PROPONENE PROPOSE CURE FLOWUNE

LEXISTING ELY LEXISTING ELY
FLOWLiNE

FLOWLINE
PHOENIX DR. TIMSON AVENUES STA 103+08 CONSTRUCTION NOTES RRTRACK I STA 100+00 -PROTECT IN PLACE -GOTRUCT TINGH AC PAVEMENT RALROND REC PANEL. -REMOVE ITEM PER PLAN - HE NEUNG RUSHED AGREATE BASE TERRINE -RAND AND RECONSTRUCT DRINEMAY PER CALTRANS STO
dolS SANE 031 SINGH THICK CRUSHED AGGREGATE BASE PER NO TUEAND RECONSTRUCT DRIVENAY PER SPAC STD. RAN

EX RON • 5X ROV.

SO SO -CONSTRUCT 2-INCH THICK AG PAVEMENT SURFACE COURSE (PC -REMOVE AND RECONSTRUCT 4ANCH PCC SIDEWALK PER CITY C DUSTRY STD PLAN NO. 115 INO LONG CRUSHED ACCRECA
BE 10-CZ OVER INCH THICK AC PAVEMENT BASE COURSE IPC
-4.9° DIA YOSEMITE COBBLE OVER - MIN THICK SAND BASE OVE

ONE SEE TWEEN COBBLE WET
50000 • EX STREET €
T0 - O STRET 4-O 106-003=
-STREET UGHT POLE SEE SHEET S FOR DETAIL
1*• 1- ADJUST GUY MIRE TO GRADE (BY OTHERS)
1- INSTALL PUC STD NO B FLASHING LIGHT SIGNAL ASSEMBLY Z-3 * RENOVE AND RECONSTRUCT STREET LIGHT PULLBOX TO GRADE
ANGLE 21) ADJUST GAS TO GRACE (BY GAS COMPANY FORCES)

LET PERPETRANELS LENGTHIS FEET
30 00 ® REST PLANE DEAL A TRANSION PER CTY OF
- 103+20 22
250 AS PA MAN IS REARSARASSOMRA

CITY OF INDUSTRY
222 M.P. 18.340

AC PAVEMENT BEYOND RW

ELEMENT CALVILLO, PERCENES TRY CITY ANNER
Plans Prepered by: STIMSON AVENUE GRADE CROSSING IMPROVEMENT 811. CITY OF INDUSTRY # JMD
" SOLAND

PLAN AND PROFILE
mats below 1.M DIAZ
Call 81l before you dig SCALE: 1" = 20 OWG NO. XX-00X SHEET 4 OF 11

PART OF FEDERAL PROJECT
003

STREET LIGHTING

CONSTRUCTION NOTES
® - PROTECT IN PLACE, DESCRPTION PER PLAN.
-OX DETAT. 9
3 COMPARES HELENE MERE NO, STARS ANDOR
• CITY YARD AT 1123K HATE AN
UP.RA _STIMSON AVENUE ®-
D1-1/2 SHALT
030
POLICE TO SIRE DE POUT, WIM SO" DEP BETES
I NOTES 25 AND 2
194402

STREET POIT OF MAY
(NOT INCUDED IN THIS PROMECT)
GENERAL NOTES FOR STREET LIGHTING LAYOUT:

JENCH FER PLAN
(MOC 14 SALV)
ARE TE AN AT ALL BE SEATED OR A CHES N TE WE, 30% AS SEE RIDE, LOT OF PAEL JES:

TE STRET LOHT POLES ROLL BE METON TRE IO SIRES ON NANCE COUL 15* (9 10 ROM RL STEET LOS MONG THAIL RE UNCERCACIND
DISTAN 7 AND 15 88°010900VNX COUSCH AD
SECTION "A-A" AL DOMS GO ON TES LOT SUEL IC DESOLID PSOR TO ACCEPTANE OF THE LOT SISTEN BY TE ONY. *A*
5 uN
• BOLT GRAE SHALL BE MEDALES ON DENDEZ TOMATO OF I X Z X ELE DE FRACARO (MEN, BACK OF CURB

WEST SIDE
J SOM 8O PAC CONDU
MN, 42° 06D
"CAPPING EARS SHAL DE LET BUT IS A HED YO 12O VETS NO COUP ATH ANITO-DESTR COPINI AND RODEL ON MASONED.

I* SCH BO PVC CONDUCT
Ln. 45 t SIRIT UDIT CACITS BEYINO ME SOLACE PONT TO BE HOLD COUPLETE BY CONTACTER.

TRENT FACE OF ZURS CONCIS SAL BE DIED BY OF CARE CARS CONCIS OR PROPER SEE OF PUT BOLT CONCURES.

HE CONE X SUL COST OF TE FELONIC BATO NEGHTS PER CLIC TAO OF CONDEE (NEW BACK OF CURS

I SEE MEN A STRET TO BE NO SON CAT, CARE OR EQUAL FOR BE ARE ON CAT, NO CING-ET OR IN FOR OMI 25 50 POTLE BORE DINAN SAR AT DOSS UTTY USTLE OF AT ALL TUTY OROSSNES

BASE DETAIL
050510 SCA (6a-5T LCHT -

FOUNRATION CAPPING
) TYPICAS AMERON STANDARD FOUNDATION DETAILS 55* OF TO BOY CEMENT SACKS (6 SACKS) 560 UBS CEVENT SACKS (5 1/2 SACKS) 517 LaS -1/2° CONCUN 3/8" ADCRECATE BED LAS 3/8 AGOREGATT
WASHED SAND 2,075 L$S WASHED SAND
272X4-5* FOUNDATOR

EAST SIDE

STREET MEHT OF HAT - CITY OF INDUSTRY
21ST. LIGHT PULLBOX INSTALLATION DETAILS
[SCALE: N.T.S.

NOT & CAVIA, A NE MU

STIMSON AVENUE GRADE CROSSING IMPROVEMENT

CITY OF INDUSTRY

ANCE STREET LIGHTING PLAN
INCORPORATED JUNE 18, 1057 GENERAL NOTES AND DETAILS
(825) 331-2211
MP 06-11#21 SHEET 5 Or 11
TRO MORSONG DAYS BEFORE YOU DIO DEV IS HERA DE 11638 2022 CONTRACT NO. CITY-14 WARNING-01 (ATS
- EX R15-1, 415-38 00% SUBMITTAL
mmme D
- EX WID-1
STIMSON Eos D AVENUE
CASAE

GENERAL NOTES

SIGNING AND STRIPING NOTES
ALL STRIPING SHALL BE MINIMUM OF GINCH UNLESS OTHERWSE SPECINED. PROTECT BUSTING STRIPNGLEGEND IN PLACE - 84-7 SCN

ALUE ARES EL CONFOR O CALTRANE STANDARD FLANS AND -RSSRANCANDMARKNGAYBOSANR ASTIN KAMNALO ALOE UANKUN SAN MARANAS SHALLASAYUS 3 -INST ALL BINCH THERMOPLASTIC (TYP ) WHITE LANE UNE PE 1118 x 20 SANDBLASTING AND INCLUDES REMOVAL OF RAISED PAVEMENT MARKERS ALINe SIU PLANNO RAMLIAsI LL LANE STRIPING AT INTERSECTION APPROACHES WITHOUT CROSSWALKE - N- 1(CA) MARKER arse chu IresI rRuk ins CAlGautUrIRaickaolva CUKHON
DETAIL 1 NOTES:

ALL LANE UNES AT ETOEEN SRE CES AND CEPATURES SHAL BENN • AND OL OR FER FLADEND PER CALTRANS STD PLAN ARKE TYPE

SENT SINGLE OR DOUBLE STRIPE OR TOP OF CURB AS APPRCF ONI EGRA TALL 26INCH THERMOPLASTIS (TYP.) WHITE LIMT
SEETE BLE AVENEN MAKERS SHALL BE RENSTALLED AT EACH RE -0 -INSTALL 12 INCH THERMOFLASTIC (TYP.) WHITE LIMT LINE CATER POST NISTALATCA NO GRCUT -INSTALL 12-INCH THERMOPLASTIC (TYP.) WHITE CROSSWALK PE ALTRANS STD. PLAN NO. AQU
10 —REMOVE EXISTING SIGN ANDIOR POLE PER PLAN
11 —INSTALL SIGN AND POST PER PLAN
E2- DITAL MBREOSEN, AND CURD STAIING FER MECIAN NOSE
DETAIL

HOT TO SCAL
-CC PER PUNGH THERMORI ASTIC (TYP) YELOW ANGLE UNE 15
SIGN LEGENDS:
121 COTO

ONE WAY
TRACKS TRACKS DOT# 810871U
ONLY LAT: 34.011842 i=35"
R3-5(RT) R4-7 R6-1(RT) R15-1 • R15-2 W48 (CA) LONG: -117.954615 CITY OF INDUSTRY 36" x 45" 36" x 12
M.P. 18.340
GLEVENT N CALVELO. FE. RCE 2714) GEPUNY CIN ENGINEER
A ARAO Plans Prepared by. STIMSON AVENUE GRADE CROSSING IMPROVEMENT 811 I QMF. CITY OF INDUSTRY JMD
CE9T0.SOUNK

SIGNING AND STRIPING PLAN

2.M OAZ THY CIYIL 10 91744
wna Delt
Call 811 before you dig. • CR.ST9XXXxxx ISCALE: 1*=20 OWG NO. XX-0OX SHEET 6 OF 11 110018
IRAFFIC CONTROLS GENERAL NOTES:
* LATEST ALPORA MANUAL OF UNPOR TRAC ONION EVES CAPORN MATED), TRAC CONTROL DEVOES SHAL CONFORM TO THE 1 THE PERMITTEE CONTRACTORS http://www.det.cs.gov/ha/treffcps/eng/neering/muted/index.htm ТЕ ОТО Н СТО БУ ТЕ УРСТЙ МЕСТО С КИЙ CAN AS HON BLO%. 8 BET 100% SUBMITTAL NOT FOR CONSTRUCTION

TE EARS PRO THE CAN TAN THE EXCAVATION IS TO BE LITE

AND STRET URES OMICTISE ASPROED IN NETING BY THE NFECTEL E PROMDED TO AT LEAST ORNER OF MDTH ORIVEWAY.

AVENUE

STIMSON
(35 MPH)
(40 MPH)
320 MERGING TAPER
(18) (10)
SHADYBEND DR.

ROBIN WY. PHOENIX DR.
was-1

STIMSON AVENUE
(35 MPH)
MATCH LINE SEE ABOVE RIGHT MATCH LINE SEE SHEET 7
R11-JaMOD) -
R32-
-RASILT) —

IRAFFIC CONTROL LEGEND

TYPE II BARRICADE WITH SION

TYPE II BARRICADE WITHOUT SION ROAD CLOSED AGGER CONTROL AT ALL CESS (ADA COMPLANT) WE

CHANNELIZING DEVICE (SPACING AS SHORN) AHEAD TRACTOR SHALL COORD NATEWTH BUSINES

ROAD WORK LOCAL TRAFFIC ONLY

TRAFFIC CONE WITH CUP ON SIGN
w202 vass woos 020-2 SEE SMELT 10 FOR CLOSURE DETOUR PLAN SIGN

SIGNALZED INTERSECTION

LOS ANGELES COUNTY
ARROW PANEL (FLASHNG ARRON DETOUR DAOUR ROAD DETOUR 4 DEPARTMENT OF PUBLIC WORKS

HIGH LEVEL WARNING DEVICE (FLACTREE) CLOSED
PCMS FRAN: SIGN MESSAG:

FLAGGER STIMSON
R11. Cos CA 1st FRAME

TANS TON AWAY NO STOPPING TO APPROVED BY
DOT# 810871U

TANSAT TOW AWAY NO STOPPING ANY THE LEFT LINE
2nd FRAME
MUST LAT: 34.011842 SOME 1=40

WORK ZONE (ACTIVTY AREA UNITS END
STIMSON AVE. TURN LEFT LONG: -117.954615
4e FRAME CITY OF INDUSTRY
PCMS. 4
PORTABLE CHANCSABLE MESSAGEGENI M.P. 18.340 APPROVED BY 2nd FRAME

CLEMENT EE CALVELO, PE RCEMAS DEFUIY CILY ENGINEER
A. ARAO Plans Prepered by: STIMSON AVENUE GRADE CROSSING IMPROVEMENT 811 CITY OF INDUSTRY

QMF JMD
D. SOLANIO TRAFFIC CONTROL PLAN
INCORPORATED JUNE 18, 1057 (STAGE 1)
P.O. BOX 3368, Cly df ind
tars below.
[SCALE: 1" = 40° OWG NO. XX-ODX SHEET 7 OF 11
was 1 1
00% SUBMITTAL NOT FOR CONSTRUCTION
BLVD

STIMSON AVENUE
(35 MPH)
MATCH LINE SEE SHEET 6 R113a(00I-1
1[120 26 1
STEPHENS ST.

VALLEY (50 MPH)

NOTETO CONTRACTOR
TRAFFIC CONTROL LEGEND 2350
SEE SHEET 1O FOR CLOSURE DETOUR PLAN

ROAD CLOSED

SICN LOCAL TRAFIC ONLY CONTRACTOR TO MODIFY TRAFRIC CONTRO ONLY

SICNALZED INTERSECTION RUCK TUNING MOVEMENTS MODATE
W20-1 W202 R11-3a (MCQ) K3-3(

DIRECTON OF TRASHA (NOT PAVEMENT VARKING)
STIMSON AVE.
- W202
3300
- wao-
S CA CANAS040-0158 49000018 - 04-18 - CANE CON 2808843 0/0/20221038 0 DOT# 810871U
LAT: 34.011842 SCALE 1°= 40
LONG: -117.954615 CITY OF INDUSTRY
M.P. 18.340 PPROVED BY:

GERUIYIIY ENGREER

REVISIONE
811. CITY OF INDUSTRY # JMD STIMSON AVENUE GRADE CROSSING IMPROVEMENT

TRAF STAGER) PLAN

1. M. CIAZ
Knew what's below
Call 81l before you dig, 112018 SCALE: 1"=40 OWG NO. XX-ODX SHEET 8 OF 11 100% SUBMITTAL
AVENUE

STIMSON
(40 MPH) (35 MPH)
200 MERGING TAPEI
111
(16) (16)
SHADYBEND DR.
720-1 - ROBIN WY. PHOENIX DR.

Wao.1

STIMSON AVENUE
(35 MPH)

MATCH LINE SEE ABOVE RIGHT
=R3S(RT)

IRAFFIC CONTROL LEGEND

TYPE BARR CADE WTH SION

OVDE PEDESTRANS ACCESS (ADA CONFLANT) WIT

ROAD WORK

TRAFFIC CONE MITH CUP ON SIGN
SEE SHEET 10 FOR CLOSURE DETOUR FLAL
SION

GNAUTIED INTERSEMTON CONTACTE MONTRER CONTER DENCES

ARROW PANEL (FLASHING ARROW) ROAD CLOSED

DETOUR DETOUR
HIGH LEVEL WARNING DEVICE (FLACTREE) LOCAL TRAFFIC ONLY PCMS-2 FRANE SIGN MESSAGE

FLACCER STIMSON
R11- M0 MAtC R3-S(RT) 1st FRAME
TANS TON AKAY NO STOPPING - TO DOT# 810871U APROVD BY
TANSAT TON AMAY NO STOPPING ANY TIME LEPT LANE 2nd FRAME DETOUR LAT: 34.011842 SCALE: 1°= 40
ZZ WORK ZONE (ACTIVTY AREA) UNITS DETOUR 4 STIMSON AVE.

TURN LEFT
1st FRAME LONG: -117.954615 CITY OF INDUSTRY

ORICTON DE TRAFRC (NOT PAISUENT MARKINA
PORTABLE CHANCSABLE MESSAGE SON M.P. 18.340
SC3 (CA) 2nd FRAME

ELEMENT N CALVILLO, PERCERMEN DEPUIY GIY ENGINIER DATI
Plans Prepared by: STIMSON AVENUE GRADE CROSSING IMPROVEMENT 811 CITY OF INDUSTRY
GMF. JMD

ADE SOLAND TRAFFIC CONTROL PLAN
(STAGE 21
whats below.

Call 811 before you dig SCALE: 1" = 40 OWG NO. XX-00X SHEET 9 OF 11 PHOENIX DR.

STIMSON AVENUE 100% SUBMITTAL NOT FOR CONSTRUCTION
dOIS (35 MPH)

MATCH LINE SEE BELOW LEFT
STIMSON BLVD.

AVENUE
(35 MPH)
R11-30 MCO)- -100
MATCH LINE SEE ABOVE RIGHT (8) [10] (15)
R3-S(RT) —
Me.1OL
VALLEY (50 MPH)
STEPHENS ST.
= 550

ROAD CLOSED
[ONLY
IRAFFIC CONTROL LEGEND R11-3a (MOD) R3-S(R)
TYPE BARRICADE MIH SEN 1 002
TYPE 1 BARRICADE MITHOUT SIGN

LANE NOTE TO CONTRACTOR
CLOSED

ROVIDE PEDESTRANS ACCESS (ADA COMPLANT) WT

TRAFFIC CONE MITH CUP ON SIGN
R11.2
SION N4.N
·380

SIGNALIZED INTERSECTION
SEE SHEET1O FORTLOSURE DETOUR PLAN

ARROW PANEL (FLASHING ARRON)
DETOUR 4-
· HIGH LEVEL WARNING DEVICE (FLAGTREE)
ONLY

FLAGGER
TANS SC3 (CA) ROS-5(LT) Nº1 (CA)
TOW AWAY NO STOPPING — TO - DOT# 810871U

TANSAT TOW AWAY NO STOPPING ANY TNE
LAT: 34.011842 SCALE 1*= 40

WORK ZONE (ACTIVTY AREA) LIMITS
DIRECTION OF TRAFFIC (NOT PAVEMENT MARKING) LONG: -117.954615 CITY OF INDUSTRY PORTABLE CHANGSALLE NESCACES CH M.P. 18.340

UBIYCLIY ENGINEER
811 A ABAD Plans Prepared by: STIMSONAVENUE GRADE GROSSING MPROVEMENT CMF. CITY OF INDUSTRY #JMD
• SOLANO TRAFFIC CONTROL PLAI
(STAGE :
1 M. OWZ
Know whats helmar
Call 81l before you dig. 112918 [SCALE: 1"=40 |DWG NO. XX-00X [SHEET 10 OF 11 LEGEND
SIGN
• WORK ZONE (ACTIVITY AREA UNITS
100% SUBMITTAL

SIGN LEGEND

HACIENDA

ADETOUR
BLVD. DE.-
- SO IN T SCa (CA)

ESCOICA
M610
STIMSON AVE.
-COUNTY OF INUES. MA-SOR
END
DETOUR

PCMS FRAME SIGN MESSAGE PCMS FRAME SIGN MESSAGE
1st FRAME 1st FRAME
PCMS.1 PCMS-3
2nd FRAME 2nd FRANE HACIENDA
xxxxxx
INSTALL PCMS-12 WEEKS BEFORE CLOSURE
VALLEY and FRAME
- 44-101/7 Dress-

STIMSON AVENUE

NOTE TO CONTRACTCR
I NOSEN DURING STAGE 1 FULL CLOSURE AND STADE 2

MOO ESTON ONE STAGE FULL CLOSURE AND STAGE)
[ACMS3E
LOS ANGELES 5 COUNT

DEPARTMENT OF PUBLIC WORKS
DOT# 810871U APPROVED ST
LAT: 34.011842 N.T.S
LONG: -117.954615 CITY OF INDUSTRY
M.P. 18.340 APPROVED BY!

DEPUTY CITY ENGINEER OATER
A ABAD Plens Prepared by
CITY OF INDUSTRY # JMD STIMSON AVENUE GRADE CROSSING IMPROVEMENT OMF.

D. SOLANKI
*1. M. OA: DETOUR PLAN
nia P17e4
110018 CP.5T9XXXxxx ]SCALE: NONE OWG NO. XX-ODX SHEET 11 OF 11

CITY COUNCIL
ITEM NO. 6.13
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 Me.

Chris Lum, Construction Manager, CNC Engineering
DATE: June 9, 2022
SUBJECT: Consideration of Change Order Nos. 1 and 2 in the deductive amount of $110,486.48, and Notice of Completion for Contract No. CITY-1463, Resurfacing of Valley Boulevard from Azusa Way to 650 feet East of Hambledon Avenue
Background:

On May 27, 2021, the City Council awarded Contract No. CITY-1463, Resurfacing Valley Boulevard from Azusa Way to 650 feet East of Hambledon Avenue, in the amount of $1,539,740.65. The project consisted of the removal of existing asphalt concrete ("AC") pavement and aggregate base about three inches deep, and constructing new AC pavement. The work also included curb and gutter repair, sidewalk and driveway repairs, curb ramp modifications, guard rail installation, and signing and striping.

Discussion:

After the contract was awarded, the Contractor was required to provide a Storm Water Pollution Prevention Plan ("SWPPP") for the project which was not listed as a separate bid item. Additionally, there are items of work that incurred underruns and overruns from the original Agreement amount.

As of May 9, 2022, Staff has reviewed the change orders for completeness and accuracy as to the materials and documents included:
• Change Order No. 1 - As a part of the contract specifications, the Contractor was required to prepare a SWPPP for the project. The bid schedule did not provide a separate bid item for the Contractor to be paid under. Therefore, Staff requested the Contractor provide a cost to prepare and implement a SWPPP per the specifications. The total cost for this Change Order is $3,000.00.

Final field quantities have been measured and verified. 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org • Change Order No. 2 - Final quantities have been completed and the underruns and overruns are as follows:

Underruns - (represented in parentheses)
Bid Item No. 4 - Cold Mill 3" AC pavement, $3.50/SY × 3,475/SY = ($12,162.50) Bid Item No. 5 - Unclassified Excavation (export), $35.00/CY x 25/CY = ($875.00) Bid Item No. 7 - Remove and Reconstruct Curb and Gutter, $82.00/LF X 34/LF = ($2,788.00)
Bid Item No. 8 - Remove Driveway and Reconstruct Sidewalk, $15.00/SF x 240/SF = ($3,600.00)
Bid Item No. 10 - Sawcut and Remove Existing AC Base Course and Base, $2.35/SF x 3,210/SF = ($7,543.50)
Bid Item No. 11 - Construct AC Pavement, $77.00/TON x 257.90/TON = ($19,858.30)
Bid Item No. 12 - Construct Dense-Graded Asphalt Concrete ("DGAC") Pavement, $77.00/TON x 214.34/TON = ($16,504.18)
Bid Item No. 13 - 9" Crushed Aggregate Base, $33.00/CY × 296.50/CY = ($9,784.50)
Bid Item No. 14 - Install Tensar TX7 Geogrid, $6.75/SY × 1,185/SY = ($7,998.75) Bid Item No. 15 - Install SAMI - Interlayer, $6.75/SY × 3,475/SY = ($23,456.25) Bid Item No. 16 - Remove and Construct Pedestrian Ramp, $10,500.00/EA x 1/EA = ($10,500.00)
Bid Item No. 18 - Install Detectable Warning Surface, $650.00/EA x 2/EA = ($1,300.00)
Bid Item No. 19 - Furnish and Install Connector Pipe Screen, $1,000.00/EA × 5/EA = ($5,000.00)
Bid Item No. 20 - Furnish and Install Automatic Retractable Screen, $1,000/EA x 3/EA = ($3,000.00)
Bid Item No. 24 - Adjust Well Monument to Grade, $1,500.00/EA x 1/EA = ($1,500.00)
Bid Item No. 29 - Remove and Reinstall Pedestrian Traffic Pole, $3,000.00/EA x 1/EA = ($3,000.00)
Total Amount of Underruns = ($128,870.98)
Overruns -
Bid Item No. 6 - Remove and Reconstruct Sidewalk, $12.00/SF × 141/SF = $1,692.00
Bid Item No. 9 - Remove and Reconstruct Driveway, $15.00/SF x 70.5/SF = $1,057.50
Bid Item No. 23 - Adjust Valve Cover to Grade, $200.00/EA × 11/EA = $2,200.00 Bid Item No. 25 - Guardrail System, $155.00/LF x 5/LF = $775.00 Bid Item No. 26 - Construct Bus Pad, $35.00/SF x 276/SF = $9,660.00 Total Amount of Overruns = $15,384.50
Total Deductive Cost for Change Order No. 2 is ($128,870.98) - $15,384.50 = ($113,486.48)
As of May 9, 2022, Staff has determined that all work has been completed.

Table 1 - Summary of Extra Costs
Contract Amount $1,539,740.65
Change Order No. 1 $3,000.00
Deductive Change Order No. 2 ($113,486.48)
Revised Project Cost $1,429,254.17
Fiscal Impact:

The revised contract amount including Change Order No. 1 and Deductive Change Order No. 2 totals $1,429,254.17. In the adopted Fiscal Year 2021/2022 Capital Improvement Project budget, $2,200,000.00 was approved for this project (Account No. 120-702-5205) (MP 11-13), thus no appropriations are required.

Recommendations:

Approve and execute Change Order No. 1 in the amount of $3,000.00; and Approve and execute Deductive Change Order No. 2 in the amount of ($113,486.48); and
Accept the work performed by R.J. Noble Company in the amount of $1,429,254.17; and
Authorize the Mayor or her designee to execute the Notice of Completion attached here as Exhibit C; and
5) Authorize the City Clerk to file a Notice of Completion for this project.

Exhibits:

A. Change Order No. 1, dated June 9, 2022
B. Deductive Change Order No. 2, dated June 9, 2022
C. Notice of Completion, dated June 9, 2022
JN/MH/CL:as

EXHIBIT A
Change Order No. 1, dated June 9, 2022
[Attached]

CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No._ 1
Resurfacing of Valley Boulevard from
Azusa Way to 650 feet East of
Project Hambledon Avenue Contract No. CITY-1463 Date 6/9/2022 Type
Project Resurfacing Contractor R.J. Noble Company
Location Valley Boulevard
Explanation:

SWPPP preparation.

Extra Work by: X
Contract Items Negotiated T& M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE + -
1 SWPPP 1 $3,000.00 $ 3,000.00
TOTAL COST$ 3,000.00

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,539,740.65 Total T & M $
Total Previous Change Orders $ 0.00%
Pay This
Total Change Orders $ 3,000.00 0.19% CHANGE ORDER $3,000.00 0.19% Authorized by. Additional Contract Days
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work.

Buan Quermen 5/24/2022 5/26/22
Joshua, Nelson - City Manager Date
5/25/22 C 5.24.22
Mathew Hudsor, Engineering Manager Date Chris Lum - Construction Manager Date CITY-1463 - Change Order No. 1 - C. Lum

EXHIBIT B
Deductive Change Order No. 2, dated June 9, 2022
[Attached]

CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 2
Resurfacing of Valley Boulevard from
Azusa Way to 650 feet East of
Project Hambledon Avenue Contract No. CITY-1463 Date 6/9/2022 Type
Project Resurfacing Contractor R.J. Noble Company
Location Valley Boulevard
Explanation:

Project Underruns.

Extra Work by:_
Contract Items Negotiated T & M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:

ITEM UNIT TOTALS ($)
NO. ITEM QUANTITY PRICE + -
1 Underruns 1 ($128,870.98) $ (128,870.98)
1 Overruns 1 $15,384.50 $ 15,384.50
TOTAL COST$ (113,486.48)

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 1,539,740.65 Total T & M $
Total Previous Change Orders 3,000.00 0.19%
Pay This
Total Change Orders $ (110,486.48) -7.18% CHANGE ORDER ($113,486.48) -7.37% Authorized by. Additional Contract Days 0
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation forany delay in the preparation of this change order and the time to complete the specified work.

Kuan Overman 5/24/2022 man 5/26/22
Joshua Nelson - City Manager Date
Contractor Representative 5/25/22 5. 24.22
Mathew Hudson, Engineering Manager Date Chris Lum - Construction Manager Date CITY-1463 - Change Order No. 2 - C. Lum

EXHIBIT C
Notice of Completion, dated June 9, 2022
[Attached]

CITY OF INDUSTRY
Civic-Recreational-Industrial Authority
Industry Public Utilities Commission
• Successor Agency to the Industry Urban-Development Agency 15625 Mayor Dave Way, City of Industry, CA 91744
Notification of Construction Completion
Resurfacing of Valley Boulevard from Azusa Way
Project: to 650 feet East of Hambledon Avenue Date: June 9, 2022 Contract No.: CITY-1463
Contractor: R.J. Noble Company
As a result of an inspection conducted on 05/09/2022 the contracto's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:

Acceptance of completed construction work shall not relieve the contracter from other requirements of the contract documents.

Accepted by
Contractor Pian Overman Project Menager 5/24/2822
Printed Name Date
Recommended by
Project Engineer James Cramsie Director of Engineering 5/24/2022 Printed Name Date
Recommended by
Project Inspector William Rojas WehR St. Project Inspector 5/24/22 Printed Name Signature Date
Recommended by
Project Manager Chris Lum Construction Manager J• 24-22 Printed Name
Recommend by
Public Agency Mathew Hudson / Wesle Engineering Manager 5/25/22 Printed Name
Approved by
Public Agency Joshua Nelson City Manager 5/26/02
Printed Name Signature Title