CITY OF INDUSTRY
CITY COUNCIL Mayor Cory C. Moss
REGULAR MEETING AGENDA
OF INDUSTRY Mayor Pro Tem Cathy Marcucci
OCTOBER 27, 2022 Council Member Michael Greubel
9:00 AM Council Member Mark D. Radecki
ANGELES COU Council Member Newell Ruggles
Location: City Council Chambers, 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: 826 104 232# 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, October 25, 2022, to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a three-minute time limit per person for any matter listed on the Agenda.
> Public Comments (Non-Agenda Items Only): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a three-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.
Agendas and other writings:
In compliance with Government Code Section 54957.5(b), staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk of the City Council during regular business hours, Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m. each day. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 27, 2022
PAGE NO. 1
Call to Order
Flag Salute
Roll Call
Public Comments
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action.
5.1 Consideration of the Register of Demands for October 27, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills Consideration of the minutes of the July 28, 2022, regular meeting, August 2022, special meeting, September 8, 2022, regular meeting, September 22, 2022, Special Meeting and the September 22, 2022 regular meeting
RECOMMENDED ACTION: Approve as submitted.
5.3 Consideration of Resolution CC 2022-45 approving a donation to the Pacific Crest Youth Arts Organization in the amount of $5,000.00 for the Dr. Martin Rochford Memorial Scholarship
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-45
5.4 Consideration of Resolution CC 2022-43 approving a donation to the Land of the Free Foundation in the amount of $25,000.00 for the Veterans Day Golf Classic Fundraiser
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-43
Consideration of Resolution CC 2022-47, approving a donation to Alma Family Services, in the amount of $2,000.00 for Distribution of Turkeys during the Holiday Season
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-47
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 27, 2022
PAGE NO. 2
5.6 Consideration of Resolution No. CC 2022-46 - a Resolution of the City Council of the City of Industry, California, Rescinding Resolution No. CC 2022-22 Approved on June 9, 2022, and Adopting a Revised Fiscal Year 2022-2023 Appropriations Limit
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-46
5.7 Consideration of Amendment No. 2 to the License Agreement with Pacific Crest Youth Arts Organization, for Access to Assessor's Parcel Number 8264-004-908, located at 1123 South Hatcher Avenue
RECOMMENDED ACTION: Approve the Amendment
5.8 Consideration of Amendment No. 1 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2024, revising the rate schedule, and increasing compensation by $10,000.00
RECOMMENDED ACTION: Approve the Amendment
5.9 Consideration of authorization to advertise for public bids for Contract No.
CITY-1442, Nelson Avenue Intersection Improvements at Puente Avenue and Sunset Avenue, for an estimated cost of $5,400,000.00 (MP 12-16) RECOMMENDED ACTION: Approve the plans and
specifications and authorize the solicitation of public bids.
5.10 Consideration of Amendment No. 4 to the Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences for environmental consulting services at Follows Camp, extending the term through March 30, 2023
RECOMMENDED ACTION: Approve the agreement.
5.11 Consideration of a Professional Services Agreement with Sage Environmental, Inc., to provide CEQA Environmental Studies and Regulatory Permitting Services for the East-West Bicycle Path Project in an amount not-to-exceed $80,000.00 through December 31, 2024 (CIP- STR-19-063)
RECOMMENDED ACTION: Approve the agreement.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 27, 2022
PAGE NO. 3
Consideration of a Maintenance Services Agreement with Blake Air Conditioning & Service Co., Inc., for routine maintenance at various Citywide facilities, in an amount not-to-exceed $156,992.00, through October 27, 2024
RECOMMENDED ACTION: Approve the agreement.
5.13 Consideration of a Maintenance Services Agreement with Chem Pro Laboratory, Inc., for routine maintenance in an amount not-to-exceed $26,000.00 through October 27, 2024
RECOMMENDED ACTION: Approve the agreement.
Adoption of Ordinance No. 819 - an Ordinance of the City Council of the City of Industry, California, Amending Section 3.04.040 (Bidding procedures), 3.04.050 (Purchases on the open market), 3.04.055 (Professional services), and 3.04 9 Purchasing System), of Title 3 (Revenue and Finance) of the City of Industry Municipal Code, and Adopting a Notice of Exemption Regarding Same; and
Consideration of an Amended Procurement Policy
RECOMMENDED ACTION: 1) Adopt Ordinance No.
819 2) Adopt Amended Procurement Policy, which will become effective upon the effective date of Ordinance No. 819.
5.15 Consideration of the cancellation of the November 24, 2022, City Council Meeting, and the closure of City Hall from December 23, 2022, through January 2, 2023.
24, 202 DE ACTION Cancelling the November
24, 2022, City Council Meeting, and the closure of City Hall from December 23, 2022, through January 2, 2023.
CLOSED SESSION
6.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(2):
one potential case
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 27, 2022
PAGE NO. 4
CITY MANAGER REPORTS
8. AB 1234 REPORTS
9. CITY COUNCIL COMMUNICATIONS
10. Adjournment. The next regular City Council Meeting is Thursday, November 10, 2022, at 9:00 a.m.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 27, 2022
PAGE NO. 5
CITY COUNCIL
ITEM NO. 5.1
• CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF OCTOBER 27, 2022
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 2,478,179.84
103 PROP A FUND 5,568.61
120 CAPITAL IMPROVEMENTS 729,151.27
TOTAL ALL FUNDS 3,212,899.72
BANK RECAP:
BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 1,000,000.00
PROP/A PROP A - CKING ACCOUNT 5,568.61
REF REFUSE - CKING ACCOUNT' 83,975.24
WFBK WELLS FARGO - CKING ACCOUNT 2,123,355.87
TOTAL ALL BANKS 3,212,899.72
APPROVED PER CITY MANAGER
Pn.....
CITY OF INDUSTRY P. 1
BANK OF AMERICA
October 27, 2022
Check Date Payee Name Check Amount
мино
CITYGEN.CHK - City General
24554 10/13/2022 CITY OF INDUSTRY $1,000,000.00
Invoice Date Description Amount
10/13/22 10/13/2022 TRANSFER FUNDS-CITY REGISTER 10/13/22 $1,000,000.00 Check Status Count Transaction Amount
Total 1 $1,000,000.00
CITY OF INDUSTRY P. 2
PROP A
October 27, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90434 10/27/2022 INDUSTRY SECURITY SERVICES $5,160.00
Invoice Date Description Amount
14-26905 09/30/2022 SECURITY SVC-METROLINK $2,580.00
14-26928 10/07/2022 SECURITY SVC-METROLINK $2,580.00
90435 10/2712022 JANUS PEST MANAGEMENT $65.00
Invoice Date Description Amount
252370 10/04/2022 PEST SVC-METROLINK $65.00
90436 10/2712022 SO CAL INDUSTRIES $103.00
Invoice Date Description Amount
592457 10/05/2022 RR RENTAL-METROLINK $103.00
90437 10/27/2022 VALLEY VISTA SERVICES, ING $240.61
Invoice Date Description Amount
4977187 10/01/2022 DISP SVC-METROLINK $240.61
Checks Status Count Transaction Amount
Total 4 55,568.61
CITY OF INDUSTRY P. 3
WELLS FARGO REFUSE
October 27, 2022
Check Date Payee Name Check Amount
REFUSE - Refuse Account
80197 10/11/2022 VALLEY VISTA SERVICES, INC $83,975.24
Invoice Date Description Amount
10/5/2022 10/05/2022 REFUND-DEPOSIT RECEIVED BY COI ON BEHALF OF $83,975.24 Check Status Count Transaction Amount
Total 1 $83,975.24
CITY OF INDUSTRY P. 4
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79166 10/11/2022 MICHAEL GREUBEL $230.55
Invoice Date Description Amount
5/12-5/15/2022 10/11/2022 $125.19
9/30-10/2/2022 10/11/2022 $105.36
79167 10/13/2022 DIRECTV - FOR BUSINESS $87.25
Invoice Date Description Amount
034740128X221001 10/01/2022 RSN/TV ACCESS FEES $87.25
79168 10/13/2022 INDUSTRY PUBLIC UTILITIES $856.18
Invoice Date Description Amount
2023-00000560 10/01/2022 07/18-09/16/22 SVC - VALLEY & 7TH (IRRI) $856.18 79169 10/13/2022 ROWLAND WATER DISTRICT $2,575.29
Invoice Date Description Amount
2023-00000561 09/28/2022 08/07-09/07/22 SVC - AZUSA AVE - RC $122.19 2023-00000562 09/28/2022 08/07-09/07/22 SVC - 755 NOGALES AT - RC $303.94 2023-00000563 09/28/2022 08/07-09/07/22 SVC - 909 U NOGALES ST - IRR $946.29 2023-00000564 09/28/2022 08/07-09/07/22 SVC - 1100 S AZUSA AVE $180.81 2023-00000565 09/28/2022 08/07-09/07/22 SVC - 1123 HATCHER ST STE D $96.66 2023-00000566 09/28/2022 08/07-09/07/22 SVC - 1135 HATCHER AVE $47.13 2023-00000567 09/28/2022 08/07-09/07/22 SVC - 1015 NOGALES ST - PUMP $315.38 2023-00000568 09/28/2022 08/07-09/07/22 SVC - 1023 NOGALES ST - IRR $439.56 2023-00000585 09/28/2022 08/07-09/07/22 SVC - 1123 HATCHER ST STE C $123.33 79170 10/13/2022 SAN GABRIEL VALLEY WATER CO. $11,041.79 CITY OF INDUSTRY P. 5
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2023-00000569 09/26/2022 08/23-09/22/22 SVC - CROSSROADS PKY S $1,629.14 2023-00000570 09/26/2022 08/23-09/22/22 SVC - STA 103-80 CROSSROADS PKY S $245.32 2023-00000571 09/26/2022 08/23-09/22/22 SVC - CROSSROADS PKY S $1,714.39 2023-00000572 09/26/2022 08/23-09/22/22 SVC - CROSSROADS PKY N $1,283.65 2023-00000573 09/26/2022 08/23-09/22/22 SVC - STA 129-00 CROSSROADS PKY N $1,564.45 2023-00000574 09/26/2022 08/23-09/22/22 SVC - STA 111-50 CROSSROADS PKY N $433.76 2023-00000575 09/26/2022 08/23-09/22/22 SVC - PELLISSIER $449.09 2023-00000576 09/26/2022 08/23-09/22/22 SVC - PELLISSIER $1,380.49 2023-00000577 09/26/2022 08/23-09/22/22 SVC - PECK/UNION PACIFIC B $220.27 2023-00000578 09/26/2022 08/23-09/22/22 SVC - S/E COR OF PELLISSIER $1,472.10 2023-00000579 09/26/2022 08/23-09/22/22 SVC - PELLISSIER $649.13 79171 10/13/2022 SOCALGAS $70,70
Invoice Date Description Amount
2023-00000586 09/26/2022 08/23-09/22/22 SVC - 15415 DON JULIAN RD $70.70 79172 10/13/2022 SOUTHERN CALIFORNIA EDISON $10,280.49
Invoice Date Description Amount
2023-00000582 09/27/2022 08/26-09/26/22 SVC - 15660 STAFFORD ST $6,245.23 2023-00000583 09/27/2022 08/26-09/26/22 SVC - 205 N HUDSON AVE $679.00 2023-00000584 09/30/2022 08/16-09/14/22 SVC - VARIOUS SITES $3,356.26 79173 10/13/2022 SOUTHERN CALIFORNIA EDISON $11.07
Invoice Date Description Amount
2023-00000581 09/27/2022 08/26-09/26/22 SVC - 15530 STAFFORD ST $11.07 CITY OF INDUSTRY P. 6
WELLS FARGO BANK
October 27, 2022
Check Payee Name Check Amount
Date
CITY.WF.CHK - City General Wells Fargo
79174 10/13/2022 T-MOBILE $117.00
Invoice Date Description Amount
2023-00000580 10/06/2022 09/01-09/30/22 SVC - YAL GYM & TONNER CYN HOT $117.00 79175 10/13/2022 TPX COMMUNICATIONS $2,416.62
Invoice Date Description Amount
162074380-0 09/30/2022 TEL/INTERNET-HOMESTEAD $2,416.62 79176 10/13/2022 TPX COMMUNICATIONS $4,045.58
Invoice Date Description Amount
162134418-0 09/30/2022 INTERNET SVC-CITY HALLMETRO SOLAR $4,045.58 79177 10/13/2022 CITY OF INDUSTRY - PETTY CASH $1,117.20 Invoice Date Description Amount
7/14-10/13/22 10/13/2022 REIMBURSE PETTY CASH FOR PERIOD 7/14-10/13/22 $1,117.20 79178 10/19/2022 FRONTIER $1,020.15
Invoice Date Description Amount
2023-00000606 10/01/2022 10/01-10/31/22 SVC - VARIOUS SITES $1,020.15 79179 10/19/2022 PURCHASE POWER $200.00
Invoice Date Description Amount
10/5/2022 10/05/2022 POSTAGE REFILL ON 9/21/22 $200.00
79180 10/19/2022 QUADIENT FINANCE USA, INC. $500.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 7
WELLS FARGO BANK
October 27, 2022
Check Payee Name Check Amount
Date
CITY.WF.CHK - City General Wells Fargo
10/3/2022 10/03/2022 POSTAGE REFILL-FINANCE DEPT $500.00 79181 10/19/2022 ROWLAND WATER DISTRICT 52,655.93
Invoice Date Description Amount
2023-00000607 09/28/2022 08/01-09/07/22 SVC - AZUSA AVE $147.02 2023-00000608 09/28/2022 08/01-09/07/22 SVC - AZUSA AVE - CENTER $123.33 2023-00000609 09/28/2022 08/01-09/07/22 SVC - 930 S AZUSA AVE $567.67 2023-00000610 09/28/2022 08/01-09/07/22 SVC - 17401 E VALLEY BLVD $936.41 2023-00000611 09/28/2022 08/01-09/07/22 SVC - 18044 ROWLAND ST $367.17 2023-00000612 09/28/2022 08/01-09/07/22 SVC - HURLEY ST & VALLEY BLVD $514.33 79182 10/19/2022 SOCALGAS $240.80
Invoice Date Description Amount
2023-00000613 10/03/2022 08/30-09/29/22 SVC - 710 NOGALES ST $16.94 2023-00000614 10/07/2022 09/06-10/05/22 SVC - 15718 RAUSCH RD REAR (BACK) $45.72 2023-00000615 10/07/2022 09/06-10/05/22 SVC - 15633 RAUSCH RD $43.63 10/07/2022 09/06-10/05/22 SVC - 15651 MAYOR DAVE WAY $75.04 2023-00000616
10/07/2022 09/06-10/05/22 SVC - 15625 MAYOR DAVE WAY APT A $18.49 2023-00000617
2023-00000618 10/07/2022 09/06-10/05/22 SVC - 15625 MAYOR DAVE WAY APT B $14.30 2023-00000619 10/03/2022 08/30-09/29/22 SVC - 1015 NOGALES ST STE 101 $26.68 79183 10/19/2022 SOUTHERN CALIFORNIA EDISON 573,946.96
Invoice Date Description Amount
2023-00000620 10/03/2022 09/01-09/30/22 SVC - VARIOUS SITES $8,851.64 2023-00000621 10/07/2022 09/06-10/04/22 SVC - 1135 HATCHER AVE $516.61 2023-00000622 10/07/2022 08/01-09/30/22 SVC - 600 BREA CYN RD & UNIT A $163.70 2023-00000623 10/05/2022 09/06-10/04/22 SVC - 1123 HATCHER AVE STE A $472.71 CITY OF INDUSTRY P. 8
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00000624 10/03/2022 09/01-09/30/22 SVC - VARIOUS SITES $8,523.39 2023-00000625 10/03/2022 09/01-10/02/22 SVC - 15625 MAYOR DAVE WAY $12,923.65 2023-00000626 10/03/2022 09/01-09/30/22 SVC - 600 BREA CYN RD $363.10 2023-00000627 10/03/2022 09/01-09/30/22 SVC - 133 N AZUSA AVE $126.98 2023-00000628 10/03/2022 09/01-09/30/22 SVC - 1 VALLEY/AZUSA OL1 $24.15 2023-00000629 10/03/2022 09/01-09/30/22 SVC - VARIOUS $41,640.27 2023-00000630 10/03/2022 09/01-09/30/22 SVC - VARIOUS $182.77 2023-00000631 10/03/2022 09/01-09/30/22 SVC - NOGALES ST/SAN JOSE $157.99 79184 10/19/2022 SUBURBAN WATER SYSTEMS $364.22
Invoice Date Description Amount
180061603623 10/03/2022 09/01-10/03/22 SVC - NE CNR VALLEY/STIMS $364.22 79185 10/19/2022 THREE VALLEYS MUNICIPAL WATER $2,085.44 Invoice Date Description Amount
06199 09/30/2022 09/01-09/30/22 SVC - TONNER CYN $2,085.44 79186 10/27/2022 ABC PERFORMANCE SUPPLEMENTS $6,073.32
Invoice Date Description Amount
10/4/2022 10/04/2022 COVID-19 REIMBURSEMENT-OUTDOOR ASSISTANCE $6,073.32 79187 10/27/2022 ACORN TECHNOLOGY SERVICES $17,850.00
Invoice Date Description Amount
96195 10/01/2022 NETWORK MAINT-OCT 2022 $17,850.00
79188 10/27/2022 AIM SERVICES $1,719.20
CITY OF INDUSTRY P. 9
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
22-1758 07/26/2022 ELEVATOR RECALL SYSTEM-CITY HALL $1,719.20 79189 10/27/2022 AMAZON WEB SERVICES, INC $6,611.25
Invoice Date Description Amount
1145187245 10/02/2022 AWS SVC-SEP 2022 $6,611.25
79190 10/27/2022 ANDRUES/PODBERESKY, APLC $3,071.00
Invoice Date Description Amount
03100 10/02/2022 LEGAL SVC-SEP 2022 $3,071.00
79191 10/27/2022 ANNEALTA GROUP $141,997.50
Date Description Amount
invoice:
2567 10/11/2022 15940-16012 AMAR RD $1,887.50
2562 10/10/2022 STORMWATER COMPLIANCE-SEP 2022 $41,532.50 2563 10/10/2022 GENERAL DEV SVC-SEP 2022 $32,655.00
2564 10/10/2022 GENERAL PLANNING SVC-SEP 2022 $49,506.25 2565 10/10/2022 15010 & 15100 NELSON AVE $285.00
2566 10/10/2022 15010 DON JULIAN RD $3,605.00
2568 10/10/2022 1600 AZUSA RD, STE 285/287 $170.00
2569 10/10/2022 16010 & 16020 PHOENIX $4,390.00
2571 10/10/2022 17411 COLIMA RD $236,25
2572 10/10/2022 20701 E CURRIER RD $440.00
2573 10/10/2022 2500 PELLISIER PLACE $6,090,00
2574 10/10/2022 3951 CAPITOL AVE $140.00
2575 10/10/2022 3951 CAPITOL AVE $70,00
CITY OF INDUSTRY P. 10
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2576 10/10/2022 530 N BALDWIN PARK BLVD $990.00
79192 10/27/2022 ARAMARK REFRESHMENT $130.02
Invoice Date Description Amount
12800448 10/13/2022 COFFEE SVC & SUPPLES $130.02
79193 10/27/2022 AUTISM INTERACTION SOLUTIONS $2,000.00 Invoice Date Description Amount
22-09-01 09/30/2022 TRAINING PRESENTATION ON AUTISM $2,000.00 79194 10/27/2022 B2 PRINT, LLC $323.17
Invoice Date Description Amount
0011737 10/13/2022 SA MAILING LABELS $323.17
79195 10/27/2022 BEAR ELECTRICAL SOLUTIONS, ING $67,159.11 Invoice Date Description Amount
#5CITY-1465 10/01/2022 CITYWIDE STREETLIGHT LED UPGRADES $70,693.80 79196 10/27/2022 BENJAMIN A ROMERO II $20,979.98
Invoice Date Description Amount
15625064 10/05/2022 CLEAN AND STORE BANNERS $712.95
15625073 10/05/2022 LABOR SUPPORT TO PLUMBERS-VALLEY BLVD $765.18 15625075 10/12/2022 ROUTINE MAINT-VALLEY BLVD AND HURLEY ST $693.60 15625059 07/19/2022 INSTALL SECURITY DOORS/CLEANUP-1123 HATCHER $5,071.00 15625055 07/16/2022 REPAIRS AT MECHANICAL ROOM-YAL $3,924.92 15625069 10/05/2022 CLEANUP OF UNIT B-HATCHER $9,812.33 CITY OF INDUSTRY P. 11
WELLS FARGO BANK
October 27, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
79197 10/27/2022 BIGGS CARDOSA ASSOCIATES, INC. $12,897.50 Invoice Date Description Amount
84915 10/01/2022 NELSON AVE BRIDGE $12,897.50
79198 10/27/2022 BING HYUN $91.22
Invoice Date Description Amount
9/14/2022 10/01/2022 REIMBURSE FOR LUNCH MEETING $91.22 79199 10/2712022 BLAKE AIR CONDITIONING COMPANY $2,409.05 Invoice Date Description Amount
62803 09/29/2022 AVC REPAIR-YALIPOST OFFICE $990.05
M56024 09/15/2022 QTRLY MAINT-CITY HALL $1,419.00
79200 10/27/2022 CDW GOVERNMENT LLC $27,839.82
Invoice Date Description Amount
DG00950 10/05/2022 VNWARE SPHERE ENTERPRISE LICENSE ON CITY $20,911.56 DG37348 10/05/2022 VMWARE SPHERE ENTERPRISE LICENSE FOR $6,928.26 79201 10/27/2022 CINTAS CORPORATION LOC 693 $77.19
Invoice Date Description Amount
4133807096 10/10/2022 DOOR MATS $77.19
79202 10/27/2022 CITY OF INDUSTRY-PAYROLL ACCT $140,000.00 Invoice Date Description Amount
PR P/E 9/30/22 10/12/2022 REPLENISH PAYROLL FOR P/E 9/30/22 $140,000.00 79203 10/27/2022 CLARENCE THRALL 514,580.00
CITY OF INDUSTRY P. 12
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
147 09/30/2022 MAINT SVC-OCT 2022 $14,580.00
79204 10/27/2022 CNC ENGINEERING $172,428.75
Invoice Date Description Amount
506340 10/13/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $1,100.00 506341 10/13/2022 CITYWIDE SIGNAGE UPDATE $3,240.00
506342 10/13/2022 SITE PLAN FOR COUNTY SHERIFF TRAILER $5,760.00 506343 10/13/2022 EL ENCANTO IMPROVEMENTS $430.00
506344 10/13/2022 KELLA AVE STORM DRAIN $4,392.50
506345 10/13/2022 FULLERTON RD PCC $4,165.00
506346 10/13/2022 GALE AVE REALIGNMENT $560.00
506347 10/13/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $13,757.50 506350 10/13/2022 GENERAL ENG SVC 9/26-10/9/22 $4,547.50 506351 10/13/2022 GENERAL ENG SVC-COUNTER SERVICE $2,340.00 506352 10/13/2022 GENERAL ENG SVC-TRAFFIC $3,932.50
506353 10/13/2022 GENERAL ENG SVC-PLAN APPROVAL $10,555.00 506354 10/13/2022 GENERAL ENG SVC-PERMITS $26,390.00
506355 10/13/2022 ARENTH AVE STREET IMPROVEMENT $8,490.00 506356 10/13/2022 GENERAL ENG SVC 9/26-10/9/22 $57,232.50 506357 10/13/2022 NDES STORM WATER $1,155.00
506358 10/13/2022 TONNER CYN PROPERTY $530.00
506359 10/13/2022 STREET LIGHT OPERATIONS & MAINT $360.00 506360 10/13/2022 CHINO RANCH #1 DAM RENOVATION $2,075.00 506361 10/13/2022 SALT LAKE AVE IMPROVEMENTS $1,180.00
506362 10/13/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $235.00 CITY OF INDUSTRY P. 13
WELLS FARGO BANK
October 27, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
506363 10/13/2022 CITY HALL MAINT-ELEVATOR UPGRADES $555.00 506364 10/13/2022 CITY HALL MAINT $3,286.25
506365 10/13/2022 INDUSTRY BUSINESS COUNCIL CHAMBERS $445.00 506366 10/13/2022 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $345.00 506367 10/13/2022 HOMESTEAD MUSEUM IMPROVEMENTS $457.50 506368 10/13/2022 STIMSON AVE CROSSING $13,025.00
506372 10/13/2022 EL ENCANTO IMPROVEMENTS AND MAINT $1,170.00 506349 10/13/2022 GENERAL ENG SVC-EMERGENCY VEHICLE $512.50 506348 10/13/2022 GENERAL ENG SVC-20701 E CURRIER RD $205.00 10/27/2022 CNC ENGINEERING $93,292.50
79205
Description Amount
Invoice Date
506369 10/13/2022 SIGNING & STRIPING IMPROVEMENTS $2,500.00 506370 10/13/2022 SHERIFF TRAILER SITE $180.00
506371 10/13/2022 METROLINK MAINT-PARKING LOT SOLAR SYSTEM $1,920.00 506373 10/13/2022 SAN JOSE AVE RECONSTRUCTION $1,777.50 506374 10/13/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $776.25 506375 10/13/2022 605 FWY AND VALLEY BLVD INTERSECTION $4,390.00 506376 10/13/2022 YAL RECREATION CENTER $280.00
506377 10/13/2022 ROWLAND ST RECONSTRUCTION $3,622.50
506378 10/13/2022 FOLLOW'S CAMP PROPERTY $1,137.50
506379 10/13/2022 NELSON AVE INTERSECTION $8,770.00
506380 10/13/2022 MAINT OF 1123 HATCHER AVE $2,005.00
506381 10/13/2022 CARTEGRAPH MGMT $25,100.00
506382 10/13/2022 HOMESTEAD MUSEUM UPGRADES $3,060.00
506383 10/13/2022 LEMON AVE QUIET ZONE $272.50
CITY OF INDUSTRY P. 14
WELLS FARGO BANK
October 27, 2022
Date Payee Name Check Amount
Check
CITY.WF.CHK - City General Wells Fargo
506384 10/13/2022 CITYWIDE STREET LIGHT LED UPGRADES $4,660.00 506385 10/13/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $2,260.00 506386 10/13/2022 DEL VALLE AND HILL ST STORM DRAIN $410.00 506387 10/13/2022 GALE AVE RESURFACING $1,260.00
506388 10/13/2022 ANNUAL PAVEMENT REHABILITATION $6,320.00 506389 10/13/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $4,468.75 506390 10/13/2022 2022/2023 ANNUAL SLURRY SEAL $540.00
506391 10/13/2022 RED CURB REFURBISHMENT AT VARIOUS $420.00 506392 10/13/2022 INTELLIGENT TRANSPORTATION SYSTEM $512.50 506393 10/13/2022 RAILROAD STREET PAVEMENT REHABILITATION $9,895.00 506394 10/13/2022 9TH AVE PAVEMENT REHABILITATION $5,885.00 506395 10/13/2022 HIGHWAY PERFORMANICE MONITORING $615.00 506396 10/13/2022 SNOW CREEK STORM DRAIN $255.00
79206 10/27/2022 COALITION FOR AMERICA'S $7,500.00
Date Description Amount
Invoice
2023-08 10/18/2022 MEMBERSHIP DUES FY 22123 $7,500.00
79207 10/27/2022 CODE 3 CREATIONS $584.73
Invoice Date Description Amount
2062 10/06/2022 PLAQUES FOR 2022 INDUCTEES OF IND HILLS $584.73 79208 10/27/2022 CORELOGIC INFORMATION $192.50
Date Description Amount
Invoice
82148392 09/30/2022 GEOGRAPHIC PKG-SEP 2022 $192.50
79209 10/27/2022 COUNTY OF LA - DEPT OF $812.81
CITY OF INDUSTRY P. 15
WELLS FARGO BANK
October 27, 2022
Check Date Payęe Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
230292 09/19/2022 PEST CONTROL-TONNER CYN $282.39
230291 09/19/2022 PEST CONTROL-TONNER CYN $530.42
79210 10/27/2022 COUNTY OF LA - DEPT OF $49.61
Invoice Date Description Amount
230293 09/19/2022 PEST CONTROL-TRES HERMANOS $49.61
79211 10/27/2022 D M V RENEWAL $240.00
Invoice Date Description Amount
LIC 7PKU703-22 10/01/2022 REGISTRATION RENEWAL-LIC 7PKU703 $240.00 79212 10/27/2022 DB SALES & SERVICE $1,465.00
Invoice Date Description Amount
17224 09/29/2022 REPAIR BOILER #2-EL ENCANTO $1,465.00
79213 10/27/2022 EGOSCUE LAW GROUP, INC. $1,650.00
Invoice Date Description Amount
13639 10/03/2022 LEGAL SVC-FOLLOW'S CAMP $1,650.00
79214 10/2712022 ELECTRA-MEDIA, ING $5,001.97
Invoice Date Description Amount
14144 10/13/2022 PUENTE HILLS AUTO DISPLAY SEP-NOV 2022 $5,001.97 79215 10/27/2022 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 16
WELLS FARGO BANK
October 27, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
20088320922 09/30/2022 PROPERTY DATA INFORMATION $200.00 79216 10/27/2022 FRAZER, LLP $39,512.70
Invoice Date Description Amount
180215 09/30/2022 SA-PROF SVC FOR SEP 2022 $4,879.00
180079 09/30/2022 COI-PROF SVC FOR SEP 2022 $34,633.70
FUEL PROS, INC. $950.50
79217 10/27/2022
Date Description Amount
Invoice
64459 09/23/2022 INDUSTRY HILLS FUEL STN MAINT $950.50
79218 10/2712022 GIVEN DESIGN GROUP, INC. $10,815.00
Invoice Date Description Amount
22-117 08/31/2022 ROOF UPGRADE-EL ENCANTO $10,815.00
GMS ELEVATOR SERVICES, INC $145.00
79219 10/2712022
Invoice Date Description Amount
10/01/2022 ELEVATOR MAINT-CITY HALL $145.00
112123
79220 10/2712022 GRAND CENTRAL RECYCLING & $221.37
Invoice Date Description Amount
09/30/2022 SOLID WASTE-CITY HALL $221.37
4979766
79221 10/27/2022 HISTORICAL RESOURCES, ING. $51,370.50
Invoice Date Description Amount
CO12023-3 10/12/2022 ADMIN & MGMT SVC-HOMESTEAD $51,370.50 CITY OF INDUSTRY P. 17
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79222 10/27/2022 IDS GROUP, INC. $19,666.50
Date Description Amount
Invoice
21X062.00-5 09/30/2022 SOLAR PANEL ENGINEERING-CITY HALL $8,376.50 21X062.00-4 08/31/2022 SOLAR PANEL ENGINEERING-CITY HALL $1,752.00 21X062.00-3 07/31/2022 SOLAR PANEL ENGINEERING-CITY HALL $4,445.00 21X079.00-6 09/29/2022 ENGINEERING DESIGN-METROLINK $2,295.00 21X062.01-4 09/29/2022 ELECTRICAL SVC UPGRADE-CITY HALL $238.00 21X062.02-2 08/31/2022 CABLING FEEDS LAYOUT-IBC $2,560.00 79223 10/27/2022 INDUSTRY BUSINESS COUNCIL $120,099.78
Invoice Date Description Amount
JULY 2022 10/06/2022 EXPENSE REIMBURSEMENT-JUL 2022 $120,099.78 79224 10/27/2022 INDUSTRY SECURITY SERVICES $63,326.94
Invoice Date Description Amount
14-26920 10/07/2022 SECURITY SVC-VARIOUS CITY SITES $21,588.30 14-26917 10/07/2022 SECURITY SVC 9/30-10/6/22 $10,208.20 14-26897 09/30/2022 SECURITY SVO-VARIOUS CITY SITES $21,322.24 14-26894 09/30/2022 SECURITY SVC 9/23-9/29/22 $10,208.20 79225 10/27/2022 INDUSTRY SHERIFF'S YOUTH $15,000.00
Invoice Date Description Amount
10/18/2022 10/18/2022 SPONSORSHIP FOR YAL ANNUAL FALL FESTIVAL $15,000.00 79226 10/27/2022 IRRI-CARE PLUMBING & BACKFLOW $504.64
CITY OF INDUSTRY P. 18
WELLS FARGO BANK
October 27, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
•invoice Date Description Amount
13979 09/02/2022 BACKFLOW REPAIR-METROLINK $339.64
13975 08/15/2022 BACKFLOW TEST-METROLINK $110.00
14143 10/16/2022 BACKFLOW TEST-NOGALES PUMP STATION $55.00 79227 10/27/2022 JANUS PEST MANAGEMENT $4,403.00
Invoice Date Description Amount
252332 10/04/2022 PEST SVG-CITY HALL $745.00
252333 10/04/2022 PEST SVC-IBC $145.00
252336 10/04/2022 PEST SVC-TONNER CYN $441.00
252401 10/04/2022 PEST SVC-IBC WEST (OLD BREA CYN) $168.00 252413 10/04/2022 RODENT SVC-HELIPAD PARKING LOT $486.00 252415 10/04/2022 RODENT SVC-HELIPAD $300.00
252454 10/04/2022 RODENT SVC-IBC EAST (LANDFILL) $733.00 252891 10/04/2022 PEST SVC-HOMESTEAD $600.00
253716 10/04/2022 MOSQUITO TRAP-EL ENCANTO $700.00
252667 10/04/2022 PEST SVC-205 N HUDSON AVE $85.00
79228 10/27/2022 JMDiaz, Inc. $1,223.75
Invoice Date Description Amount
10/04/2022 STAFF AUGMENTATION-JULL-SEP 2022 $1,223.75
064 (22-199)
79229 10/27/2022 KLINE'S PLUMBING, INC. $6,574.00
Invoice Date Description Amount
12525 10/17/2022 REPAIR AT VALLEY BLVD & AZUSA WAY $600.00 12508 10/05/2022 REPAIR PONG FILTRATION SYSTEM-HOMESTEAD $5,974.00 CITY OF INDUSTRY P. 19
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
LA COUNTY REGISTRAR- $75.00
79230 10/27/2022
Invoice Date Description Amount
10/4/2022 10/04/2022 FEE-NOTICE OF EXEMPTION CITY 1480 $75.00 79231 10/27/2022 LEIGHTON CONSULTING ING $1,057.20
Invoice Date Description Amount
53043 09/30/2022 TESTING/INSPECTION SLURRY SEAL FY 21/22 $1,057.20 79232 10/27/2022 LOCKE LORD LLP $6,685.45
Invoice Date Description Amount
1750684 10/06/2022 LEGAL SVC-SEP 2022 $3,205.15
1746123 09/14/2022 LEGAL SVC-AUG 2022 $3,480.30
79233 10/27/2022 LOCKS PLUS, INC. $781.77
Invoice Date Description Amount
35389 10/18/2022 DUPLICATE KEYS AND LOCKS-VARIOUS SITES $181.77 34527 09/12/2022 INSPECT/REPAIR DOOR LOCKS-IBC $600.00
79234 10/27/2022 LOS ANGELES ENGINEERING, INC. $463,486.00 . Invoice Date Description Amount
#29GGS-0387-1 10/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $27,000.00 #29GGS-0387-2 10/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $248,880.00 #29GGS-0387-4 10/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $212,000.00 79235 10/27/2022 BANNER BANK $24,394.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 20
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
#29GGS-0387-1-R 10/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $1,350.00 #29GGS-0387-2-R 10/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $12,444.00 #29GGS-0387-4-R 10/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $10,600.00 79236 10/2712022 MUNI-ENVIRONMENTAL, LLG $50,915.00
Invoice Date Description Amount
22-020 10/06/2022 COMMERCIAL WASTE PROGRAM $50,915.00
79237 10/27/2022 MX GRAPHICS, INC. $2,530.26
Invoice Date Description Amount
26845 10/04/2022 LINE SCANNING-JN 6201 $2,066.25
26838 10/03/2022 BLUEPRING SVC-MP 10 15 $464.01
79238 10/27/2022 NINYO & MOORE GEOTECHNICAL $5,185.75
Invoice Date Description Amount
266025 10/04/2022 GEO SVC-SHERIFF'S PARKING LOT $5,185.75 79239 10/27/2022 OLDHAM ARCHITECTS INC. $3,800.00
Invoice Date Description Amount
21068-04 10/03/2022 ARCHITECTURE DESIGN, 15710-15724 RAUSCH RD $3,800.00 79240 10/2712022 PARS $620.00
Invoice Date Description Amount
51559 10/06/2022 ARS FEES-AUG 2022 $320.00
51688 10/07/2022 REP FEES-AUG 2022 $300.00
CITY OF INDUSTRY P. 21
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79241 10/2712022 POST ALARM SYSTEMS $319.60
Invoice Date Description Amount
1523969 10/04/2022 MONITORING SVC-HOMESTEAD $319.60
79242 10/27/2022 PUENTE HILLS FORD $363.30
Invoice Date Description Amount
202125 09/22/2022 AUTO MAINT-LIC 1557319 $363.30
79243 10/2712022 ROBINSON'S FLOWERS $511.39
Invoice Date Description Amount
3493-B 10/01/2022 FLOWERS AND DELIVERY $511.39
79244 10/27/2022 SAN GABRIEL VALLEY $5,760.00
Date Description Amount
invoice
20221012CO1 10/12/2022 LANDSCAPE SVC-TRAIL MAINT $5,760.00 79245 10/27/2022 SATSUMA LANDSCAPE & MAINT. $148,961.29 Invoice Date Description Amount
0922CH 09/29/2022 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $50,386.47 0922TA 09/29/2022 LANDSCAPE SVC-TEMPLE & AZUSA $30,689.64 0922EC 09/29/2022 LANDSCAPE SVC-EXPO CENTER $30,238.65
0922XROADS 09/29/2022 LANDSCAPE SVC-CROSSROADS PKY NORTH & $37,646.53 79246 10/27/2022 SCS FIELD SERVICES $16,286.00
Invoice Date Description Amount
0447506 09/30/2022 INDUSTRY HILLS-LANDFILL GAS SYSTEM $16,286.00 CITY OF INDUSTRY P. 22
WELLS FARGO BANK
October 27, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
79247 10/27/2022 SO CAL INDUSTRIES $286.23
Invoice Date Description Amount
593746 10/12/2022 WC ACCESS RENTAL-TONNER CYN $195.89
591728 09/30/2022 FENCE RENTAL-INDUSTRY HILLS $90.34
79248 10/27/2022 SOUTHERN TIRE MART LLC - DEPT $758.31
Invoice Date Description Amount
7070012584 10/03/2022 NEW TIRES-BACKHOE AT TONNER CYN $733.31 7070012442 09/23/2022 TIRE REPAIR-LIC 1580081 $25.00
79249 10/27/2022 SPECTRUM $938.99
Invoice Date Description Amount
0362894101022 10/10/2022 BUSINESS INTERNET-OCT 2022 $938.99 79250 10/27/2022 SQUARE ROOT GOLF & LANDSCAPE, 5138,255.02 Invoice Date Description Amount
1632H 09/2712022 LANDSCAPE SVC-VARIOUS CITY SITES $138,255.02 79251 10/27/2022 STAPLES BUSINESS ADVANTAGE 51,647.86
Invoice Date Description Amount
8067777916 10/01/2022 OFFICE SUPPLIES $1,647.86
79252 10/27/2022 STATE COMPENSATION INSURANCE $2,179.91 Invoice Date Description Amount
1000918517 10/01/2022 WORKERS COMP PREMIUM FOR OCTOBER 2022 $2,179.91 CITY OF INDUSTRY P. 23
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79253 10/2712022 SUPERIOR COURT OF CA-LA $3,789.00
Invoice Date Description Amount
SEPTEMBER 2022 10/12/2022 PARKING CITATIONS REPORT - SEP 2022 $3,789.00 79254 10/27/2022 TATTLETALE $540.00
Invoice Date Description Amount
R 99162 10/02/2022 ALARM MINITORING-600 S BREA CYN RD $540.00 79255 10/27/2022 THE GABRIEL FOUNDATION $80.00
Invoice Date Description Amount
21-026 08/12/2021 VOLUNTEER RODEO SHIRTS $80.00
79256 10/27/2022 THE TECHNOLOGY DEPOT $11,064.23
Invoice Date Description Amount
19676 10/01/2022 CLOUD CONNECT-HOMESTEAD $154.00
19697 10/01/2022 CLOUD CONNECT VEEAM-NOV 2022 $263.34
19694 10/01/2022 CLOUD CONNECT-SHERIFF'S BLDG $287.25
19695 10/01/2022 CLOUD CONNECT UNAAS-NOV 2022 $727.23
19691 10/01/2022 VEEAM DRAAS DATA BACKUP-NOV 2022 $1,048.80 19692 10/01/2022 PLATINUM CYBER PROTECTION-NOV 2022 $707.55 19693 10/01/2022 CLOUD CONNECT DATA STORAGE-NOV 2022 $1,345.50 19698 10/01/2022 ADD'L DELL SVC-NOV 2022 $2,624.50
19696 10/01/2022 VIRTUAL VITA PLUS-NOV 2022 $1,742.33
4977136 10/01/2022 STORAGE BOX RENTAL-TONNER CYN $421.40 19514 09/01/2022 VIRTUAL VITA PLUS-OCT 2022 $1,742.33
CITY OF INDUSTRY P. 24
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79257 10/27/2022 TRANSPORTATION & ENERGY $13,675.00
Invoice Date Description Amount
COI-001-10-10-22 10/10/2022 ON-CALL TRAFFIC ENGINEERING SVC $13,675.00 79258 10/27/2022 TURBO DATA SYSTEMS, INC $487.78
Invoice Date Description Amount
38519 09/30/2022 CITATION PROCESSING-AUG/SEP 2022 $487.78 79259 10/27/2022 UNITED PARCEL SERVICES, ING $279.68
Invoice Date Description Amount
000OV435E4412 10/08/2022 MESSENGER SVC $157.60
0000V435E4402 10/01/2022 MESSENGER SVC $122.08
79260 10/27/2022 VALLEY POWER SYSTEMS, INC. $725.00
Invoice Date Description Amount
R69136 09/23/2022 MONTHLY GENERATOR INSPECTION-CITY HALL $725.00 79261 10/27/2022 VALLEY VISTA SERVICES, INC $17,137.75
Invoice Date Description Amount
4977132 10/01/2022 DISP SVC-15660 MAYOR DAVE WAY (YAL) $144.63 4977134 10/01/2022 DISP SVC-TONNER CYN (MAINT YD) $1,211.21 4977133 10/01/2022 DISP SVC-CITY HALL $518.61
4977135 10/01/2022 DISP SVC-1123 HATCHER AVE #ABC $283.29 4978946 09/30/2022 DISP SVC-1123 HATCHER AVE #ABC $8,633.00 4979518 09/30/2022 DISP SVC-CITY RESIDENTS $1,309.91
CITY OF INDUSTRY P. 25
WELLS FARGO BANK
October 27, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4977529 10/01/2022 DISP SVC-CITY BUS STOPS $4,796.49
4977320 10/01/2022 DISP SVC-205 N HUDSON AVE $240.61
79262 10/27/2022 WEST COAST ARBORISTS, INC. $2,875.00
Invoice Date Description Amount
191072 09/30/2022 FY 22/23 TREE MAINT $2,875.00
Checks Status Count Transaction Amount
Total 97 $2,123,355.87
CITY COUNCIL
ITEM NO. 5.2
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 28, 2022
PAGE 1
CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 897 067 803#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Bing Hyun, Assistant City Manager; Mat Hudson, Engineering Manager; Bianca Sparks, Assistant City Attorney; and Julie Robles, City Clerk.
PUBLIC COMMENTS
Assistant City Manager, Bing Hyun, asked if anyone online had any public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
James Ermigarat, co-owner of the property with Robert & Virginia Van Dyke, located at 180 N. California Avenue, City of Industry came to speak to Council about his love for the City of Industry and to tell his story about how he is being forced to shut down his business as of December 30, 2022. He has owned and operated, for 25 years, a certified state public scale. He expressed his concern that he is no longer allowed to park cars, trucks, or trailers on this property. This is a very big deal to me and a matter of life and death to his business.
Mayor Moss thanked Mr. Ermigarat for coming to share his story and stated staff will be in touch with him soon about his concerns.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 28, 2022
PAGE 2
CONSENT CALENDAR
Consen calendar fa presente your and comes regarden te on a There were none.
Council Member Ruggles asked for an update on Items 5.2, 5.4, 5.5 and 5.6.
5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR JULY 28, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR PUBLIC BIDS FOR CONTRACT NO. CITY-1489, REPLACEMENT OF FIRE DAMAGED EV
CHARGERS, SOLAR PANELS, AND SOLAR PORT CANOPY AT THE METROLINK
STATION, AND OTHER RELATED IMPROVEMENTS, FOR AN ESTIMATED COST OF $735,000.00 (MP 06-18 #11)
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising and receipt of electronic bids.
Dev Birla, Operation Manager with CNC Engineering provided the Council with a staff report along with slides of the fire damage at the Metrolink Station. Council Member Ruggles had a question regarding the insurance and how that was being used. It was explained that the cost was based on 2012, when it was built, not 2021, as well as currently making improvements. The City has received $480,679.95 from insurance on the claim for the fire damage.
5.3 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1485, ROWLAND
STREET RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET, TO SEQUEL CONTRACTORS, INC., IN AN AMOUNT NOT-TO-EXCEED $2,789,192.50,
AND ADOPT NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Award the Contract to Sequel
Contractors, Inc., and adopt a Notice of Exemption for the project.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 28, 2022
PAGE 3
5.4 CONSIDERATION OF A MEASURE M FUNDING AGREEMENT WITH THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR
THE EAST-WEST BIKEWAY PROJECT
RECOMMENDED ACTION: Approve the Agreement.
Mat Hudson, Engineering Manager, provided a staff report. He stated the City applied for funds through Metro to help design the bikeway they were planning. The bigger project is the ten-mile stretch. They are first focusing on the south side of Valley Boulevard, between the curb and fence. To help with that they applied through Metro to get some funding and were awarded $1.49 million. Originally it was only for construction, but they reprogramed the funds and now can use it for plans and specs. Hoping the full design will be done next year. He also stated that they just recently applied for another grant through ATP Cycle Six to get more funding to help complete the project. He was available to answer any questions.
Council Member Ruggles asked if CNC Engineering was handling the design and asked if the full bike path would be completed by next year? Mat confirmed that yes CNC Engineering was designing the path and the entire project would be completed by next year. He said this agreement was for the first phase, starting from City Hall, down Valley Boulevard to Azusa. Everything going east to west would qualify with these funds.
5.5 CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR PUBLIC BIDS FOR CONTRACT NO. CITY-1497, INDUSTRY BUSINESS COUNCIL INTERIOR IMPROVEMENTS - PHASE I, FOR AN ESTIMATED COST OF $556,000.00 (MP 03-24 #10)
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 said a consultant was hired to evaluate the condition and changes that are needed.
Council Member Ruggles inquired about the two different phases. James Cramsie stated that the first phase consists of new carpet and new outlets in the flooring for both the Training Room and Chambers. The second phase will include painting, lighting, and
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PAGE 4
the potential of moving walls within the Training Room. Council Member Ruggles asked why the carpet was the first phase, and Mr. Cramsie said for safety reasons replacing the carpet was a priority and more decisions are needed regarding the training room.
The carpet will be tile and can easily be replaced or added as needed.
5.6 CONSIDERATION OF A MEMORANDUM OF AGREEMENT WITH THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS TO AWARD FUNDING FROM
THE SAN GABRIEL VALLEY SLOWER, SAFER STREETS PROGRAM
RECOMMENDED ACTION: Approve the Agreement.
Mat Hudson, Engineering Manager, provided a staff report and was available to answer any questions. Council Member Ruggles asked if there have been any issues at this intersection at Nelson Avenue and Willow Avenue? Mr. Hudson said no but it was the corner where Hacienda Adult School is located therefore keeping this corner safer for pedestrians crossing.
MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO APPROVE THE CONSENT CALENDAR. 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
ASAN COUNCIL MEMBERS: NONE
ACTION ITEMS
CONSIDERATION OF APPOINTMENT FOR ONE (1) VACANT SEAT ON THE
INDUSTRY PROPERTY AND HOUSING MANAGEMENT AUTHORITY (IPHMA) RECOMMENDED ACTION: Discuss and make appointment
to the Industry Property and Housing Management Authority and/or provide additional direction to Staff.
Assistant City Manager Bing Hyun gave a brief staff report and announced that one appointment is available. The City Clerk posted the appointment for thirty days and one application was received. Mayor Moss announced that the one applicant, James Bickel,
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was with us today and asked him to come forward. Mr. James Bickel said he had served the City of Industry for 23 years with the Sheriff's Department and was getting ready to retire. The city was very good to his department, himself and his fellow colleagues. He said he would like to continue to serve the City of Industry in this way.
Mayor Moss asked if anyone was on the line for public comments regarding Item No.
6.1. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO
APPOINT JAMES BICKEL TO THE INDUSTRY PROPERTY AND HOUSING MANAGEMENT AUTHORITY. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: OES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
Mayor Moss asked for a break and recessed the meeting at 9:26 a.m.
The City Clerk, Julie Robles swore in James Bickel and pictures were taken.
Mayor Moss reconvened the meeting at 9:29 a.m.
CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:
Mayor Moss asked if anyone was on the line for public comments regarding items on Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
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CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers (portion of)
8247-014-900, (portion 01) 8247-013-908, 8262-001-
900, 8262-001-902, (portion of) 8262-011-930, 8262-
011-931, 8262-012-270, 8262-012- 271, 8262-012-
272, 8262-012-273, (portion of) 8262-012-274,
(portion of) 8262-012-275, 8262-012-276, (portion of)
8262-015-900, (portion of) 8262-015-901, 8262-015-
902, 8262-015-904, (portion of) 8262-015-905, 8263-
008-270, 8263-008-271, 8263-008-904 and 8263-
027-270
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Superior cault of Caitoria, County of Los Angeles
Case No. BC656364
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: Assessor Parcel Number 8264-026-902
Agency Negotiators: James M. Casso, City Attorney
Joshua Nelson, City Manager
Negotiating Parties: Rowland Water District
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d) (2):
two potential cases
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PAGE 7
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:29 a.m.
Mayor Moss reconvened the meeting at 11:11 a.m.
Assistant City Attorney Sparks reported out of Closed Session. All members of the Council were present except Mayor Tem Marcucci who participated telephonically.
With regard to Closed Session Item No. 7.1, direction was given to the Agency Negotiators. No final action taken, nothing further to report.
With regard to Closed Session Item No. 7.2, no action taken.
With regard to Closed Session Item No. 7.3, direction was given to the City Negotiators.
No final action taken, nothing further to report.
With regard to Closed Session Item No. 7.4, direction was given. No final action taken, nothing further to report.
CITY MANAGER REPORTS
On behalf of City Manager, Josh Nelson, there is nothing to report.
AB 1234 REPORTS
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 11:12 a.m.
CORY C. MOSS
MAYOR
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JULY 28, 2022
PAGE 8
JULIE ROBLES
CITY CLERK
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
AUGUST 12, 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 4:27 p.m.., telephonically using Conference Call Number, 657-204-3264, Conference ID: 865 128 791#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor - Telephonically
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member - Telephonically
Mark Radecki, Council Member - Telephonically
Newell W. Ruggles, Council Member - Telephonically
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; Mat Hudson, Engineering Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk. All staff called in telephonically.
PUBLIC COMMENTS
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CONSENT CALENDAR
With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 78771 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.
City Manager, Josh Nelson, asked the Council to allow staff to make any necessary date changes to agreements, etc. due to meetings being changed this week. We believe they have all been changed, but just in case any were missed.
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AUGUST 12, 2022
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Council Member Ruggles asked for an update on Items 5.6, and 5.7.
Mayor Moss asked if anyone was on the line for public comments regarding items on the Consent Calendar. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR AUGUST 11, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 CONSIDERATION OF THE MINUTES OF THE MAY 26, 2022 REGULAR MEETING, JUNE 9, 2022 REGULAR MEETING, JUNE 9, 2022 JOINT SPECIAL MEETING, JUNE 23, 2022 REGULAR MEETING, AND THE JULY 14, 2022 REGULAF
MEETING
RECOMMENDED ACTION: Approve as submitted.
5.3 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 THE EXISTENCE OF A LOCAL EMERGENCY
b. CONSIDERATION OF RESOLUTION NO. CC 2022-32 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY CONTINUING THE
AUTHORIZATION OF REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361
Adopt the Proclamation, and
Resolution No. CO 202102.
5.4 CONSIDERATION OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT WITH MEALS ON WHEELS- INDUSTRY, INC., FOR ACCESS TO ASSESSOR'S PARCEL NUMBER 8264-004-908 LOCATED AT 1123 SOUTH HATCHER AVENUE,
FOR USE AS AN ADMINISTRATIVE OFFICE
RECOMMENDED ACTION: Approve the Agreement.
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PAGE 3
5.5 CONSIDERATION OF THE PLACEMENT OF ADVERTISEMENTS WITH CIVIC PUBLICATIONS, INC., DURING FISCAL YEAR 2022-23, FOR A COST OF $136,505.00
RECOMMENDED ACTION: Approve the Advertising with
Civic Publications, Inc.
5.6 CONSIDERATION OF A FREEWAY MAINTENANCE AGREEMENT WITH THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION
RECOMMENDED ACTION: Approve the Agreement.
Engineering Manager, Mat Hudson provided a staff report and Senior Project Manager, Upendra Joshi from CNC Engineering provided additional information. Both were available to answer any questions.
Council Member Ruggles asked who was responsible for the stripping and maintenance of the roadways? Upendra Joshi said the City would only be responsible for anything under the bridge.
5.7 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.
Engineering Manager, Mat Hudson provided a staff report explaining how the work order system by Cartegraph provides a software that tracks the City's field operations and City Asset condition in a geographic information system ("GIS") environment. Josh Nelson, City Manager, provided additional information regarding insurance provisions. Both were available to answer any questions.
Council Member Ruggles asked who maintains this application, how many reports are being generated per week, and does the Industry Business Council (IBC) utilize this system?
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PAGE 4
Mat Hudson responded with CNC maintains the application, there are approximately 10 reports per week, and "No" the IBC does not currently use this application. We can reach out to Executive Director, Joanne McClaskey, and if interested, we can do an onsite training service event.
Mat Hudson confirmed that it was.
MOTION BY MAYOR PRO TEM MARCUCCI, AND SECOND BY COUNCIL MEMBER
GREUBEL THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECK RECUSING HIMSELF FROM CHECK NUMBER 78771 ON ITEM 1 (REGISTER OF DEMANDS) AND ALLOW STAFF TO ADJUST ANY DATES IF NECESSARY. 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: S NONE
CITY MANAGER REPORTS
Josh Nelson, City Manager, thanked the Commission for being flexible this week.
AB 1234 REPORT
There were none.
CITY COUNCIL COMMUNICATIONS
There were none.
CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:
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Mayor Moss asked if anyone was on the line for public comments regarding items on Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
9.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Thie pote tial cas pursuant to Government Code Section 54956 9(a)/2):
9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel
Numbers (portion of) 8247-014-900, (portion
of) 8247-013-908, 8262-001-900, 8262-001-
902, (portion of) 8262-011-930, 8262-011-931,
8262-012-270, 8262-012-271, 8262-012-272,
8262-012-273, (portion of) 8262-012-274,
(portion of 8262-012-275, 8262-012-
276,(portion of) 8262-015-900, (portion of)
8262-015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-270,
8263-008-271, 8263-008-904 and 8263-027-
270
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 4:40 p.m.
Mayor Moss reconvened the meeting at 5:33 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present except for Council Member Radecki, who did not return after Closed Session.
With regard to Closed Session Item No. 9.1, direction was given to Legal Counsel, no action taken.
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PAGE 6
With regard to Closed Session Item No. 9.2, direction was given to Agency Negotiators.
No action taken, nothing to report.
ADJOURNMENT
There being no further business, the City Council adjourned at 5:34 p.m.
CORY C. MOSS
MAYOR
JULIE GUTIERREZ-ROBLES
CITY CLERK
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 8, 2022
PAGE 1
CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:02 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: 514 951 056#
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Gutierrez-Robles, City Clerk.
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.
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CONSENT CALENDAR
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.
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SEPTEMBER 8, 2022
PAGE 2
Council Member Ruggles requested more information on check #78949, under Item 5.1 (Register of Demands, invoice # 26233), for Pacific Utility Installation. He stated, "I don't need an answer right now, but could someone review this, and get back to me?" City Manager, Josh Nelson said he would get back to him on this item later.
Mayor Moss asked if anyone was on the line for public comments regarding items on the Consent Calendar. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR SEPTEMBER 8, RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 CONSIDERATION OF RESOLUTION NO. CC 2022-39 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY CONTINUING THE
AUTHORIZATION OF REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
39. CONSIDERATION OF RESOLUTION NO. CC 2022-33 APPROVING A
DONATION TO HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT, IN THE AMOUNT OF $5,000.00 FOR THE GIFT CARD PROGRAM.
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
33. 5.4 CONSIDERATION OF RESOLUTION NO. CC 2022-38 APPROVING A
DONATION TO SAN GABRIEL VALLEY LGBTQ CENTER, IN THE AMOUNT OF $5,000.00 TO PROVIDE EDUCATIONAL RESOURCES
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
38. MOTION BY COUNCIL MEMBER GREUBEL, AND SECOND BY COUNCIL MEMBER RUGGLES TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
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SEPTEMBER 8, 2022
PAGE 3
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
ACTION ITEMS
PRESENTATION AND DISCUSSION REGARDING THE HOMESTEAD
MUSEUM
RECOMMENDED ACTION: Discuss and provide direction to
Staff.
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Item No. 6.1.
Mayor Moss asked if anyone was on the line for public comments regarding Item No.
6.1. If so, press *5 to raise your hand and the City Clerk can unmute you. There were Development Services Manager, Kathy Tai spoke about the Professional Services Agreement that was approved in January 2022, with Museum Management Consultants (MMC) for museum strategy planning. She reviewed the services that have beer provided so far and then introduced Assistant City Manager, Sam Pedroza to discuss the next steps.
Sam Pedroza came seeking the City Council's input and direction on the Homestead Museum's draft mission and core values statements.
Discussion ensued among the Council Members and Staff with a focus on children, schools, more interactive technology, events, spring festival, signage and more. Paul Spitzzeri, Museum Director for the Homestead Museum also spoke regarding the history of events and other local museums, and what they offer. Bullet points were discussed, and enough information was provided to staff to move forward with initiating a revised mission statement. This item will come back at a future meeting for the Council's approval.
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SEPTEMBER 8, 2022
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6.2 PRESENTATION, DISCUSSION, AND DIRECTION OF A POTENTIAL ORGANICS PROCESSING FACILITY.
RECOMMENDED ACTION: Discuss and provide direction to
Staff.
Assistant City Manager Sam Pedroza introduced Carlyle Johnson, a consultant for solid waste and recycling. He made a presentation regarding various approaches to an organic processing facility, to include types of equipment and technology needed, cost consideration, site needs, and other waste flow considerations. Should the City determine that a further evaluation is warranted, a Site Analysis would be recommended.
Mayor Moss thanked Carlyle Johnson for his thorough and educational presentation today and between Council Members and Staff, many questions were asked and answered. City Manager, Josh Nelson said this is the early stage of deciding and that staff will move forward with exploring the feasibility of establishing an organics processing facility, to provide a resource for local and regional businesses.
At 9:57 a.m. Mayor Pro Tem Marcucci left the meeting (telephonically).
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Item No. 6.2.
Mayor Moss asked if anyone was on the line for public comments regarding Item No.
6.2. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CLOSED SESSION
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Closed Session.
Mayor Moss asked if anyone was on the line for public comments regarding items on Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
7.1 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b) (1)
TITLE: CITY CLERK
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SEPTEMBER 8, 2022
PAGE 5
7.2 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY MANAGER
7.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(2): One potential case
7.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): one potential case
Mayor Pro Tem Marcucci came back into the meeting (telephonically) at 10:35 a.m.
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 10:35 a.m.
Mayor Moss reconvened the meeting at 12:36 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present or online telephonically.
With regard to Closed Session Item No. 7.1, this item was not discussed.
With regard to Closed Session Item No. 7.2, direction was given, no final action taken.
Nothing further to report.
With regard to Closed Session Items Nos. 7.3 and 7.4, direction was given to the City Attorneys Office, no final action taken.
CITY MANAGER REPORTS
City Manager, Josh Nelson reported that previously there was a discussion regarding the rodeo and wanted to clear this up. We have 18 members of staff volunteering their time for the rodeo which amounts to 200 hours of time. Should they work during office hours they will be paid their normal salary. Should they work on off-hours, they will get over-time or comp time, which ever they prefer.
AB 1234 REPORTS
There were none.
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PAGE 6
CITY COUNCIL COMMUNICATIONS
Mayor Cory Moss wished Council Member Mark Radecki a Happy Birthday which is this coming up Saturday. "Hope you have a wonderful weekend celebrating!"
ADJOURNMENT
There being no further business, the City Council adjourned at 12:40 p.m.
CORY C. MOSS
MAYOR
JULIE GUTIERREZ-ROBLES
CITY CLERK
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 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 10:15 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: 790 206 916#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem, Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member, Telephonically
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; Lynn Thompson, Administrative Technician IIl; and Julie Gutierrez-Robles, City Clerk, telephonically.
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.
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
ACTION ITEMS
5.1 CONSIDERATION OF A BLANKET MEMORANDUM OF UNDERSTANDING
WITH LOCAL LAW ENFORCEMENT AGENCIES, INCLUDING BUT NOT LIMITED
TO, THE COUNTY OF LOS ANGELES, AND A PROFESSIONAL SERVICES
CITY COUNCIL SPECIAL MEETING MINUTES
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SEPTEMBER 22, 2022
PAGE 2
AGREEMENT WITH KATE MOVIUS, FOR AUTISM COMMUNICATION AND DE-
ESCALATION TACTICS COURSE SERVICES
RECOMMENDED ACTION: a) Approve a blanket Memorandum of
Understanding with local law enforcement agencies, including but not limited to, the County of Los Angeles; and b) Approve the Agreement with Kate Movius, and allocate the necessary funds
Assistant City Manager, Bing Hyun presented the item to the Council and introduced Kate Movius, an experienced presenter to law enforcement agencies, who explained with statistics the need and success of this training program for police and first responders.
Kate Movius gave a history of the pilot program which Mayor Moss helped facilitate in 2016. She also said that according to CDC reporting, one out of forty-four children today are diagnosed with autism due to unknown causes and that these children are seven times more likely to be encountered by law enforcement. She gave an overview of the statistics of Autism and an overview of the training and what it entails. She stated that they have had some great publicity that features the City of Industry and the incredible role in leadership with this issue. She showed a short news clip of Autism Training with the Sheriff's Department. She stated she is so excited about what the future holds and thanks Mayor Moss for being a champion to this cause.
Mayor Moss put out a special thank you to the Sheriff's Department and Mental Evaluation Team (MET).
Council Member Radecki thanked Mayor Moss and Kate Movius for spear heading this safety program that is very much needed in our community and thanked them for a job magnificently done.
Bianca explained the Memorandum of Understanding (MOU) portion of this action item.
Any time a city provides training to law enforcement there is a chance for liability. Should a catastrophic event take place it could develop into a lawsuit in which the City would be named. Even though Ms. Movius provides insurance, out of an abundance of caution, we are requesting each public agency that provides training to law enforcement agency enter into a MOU with the City. The city provides training in exchange for the agency to indemnify and defend the city, should there be any claim. We are asking the Council to
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SEPTEMBER 22, 2022
PAGE 3
authorize a blanket MOU so we don't have to come back every time a different agency chooses to participate in this training.
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Item No. 5.1.
City Manager Josh Nelson asked for a little latitude to the terms in the current PSA. Due to the cost of insurance, I would like to have the requestion to extend the cost to $50,000.00, to cover the cost of insurance should it be necessary.
Mayor Moss asked if anyone was on the line for public comments regarding Item No.
5.1. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY MAYOR PRO TEM
MARCUCCI TO APPROVE A BLANKET MEMORANDUM OF UNDERSTANDING
WITH LOCAL LAW ENFORCEMENT AGENCIES, INCLUDING BUT NOT LIMITED TO, THE COUNTY OF LOS ANGELES; AND B) APPROVE THE AGREEMENT WITH KATE MOVIUS, WITH THE CONTINGENCY TO INCREASE THE AMOUNT TO $50,000.00, TO COVER THE COST OF INSURANCE, AND ALLOCATE THE NECESSARY FUNDS.
MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, MPT/MARCUCCI,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: RUGGLES
ABSTAIN COUNCIL MEMBERS: NONE
Note: Council Member Ruggles was online but unable to be heard publicly, therefore was not able voice his vote.
CLOSED SESSION
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Closed Session Items 6.1 and 6.2.
Mayor Moss asked if anyone was on the line for public comments regarding items on Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 4
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, Numbers (porion on 8247-054-950, (oriel , (portion
01) 8247-013-908, 8262-001-900, 8262-001-
902, (portion of) 8262-011-930, 8262-011-931,
8262-012-270, 8262-012- 271, 8262-012-272,
8262-012-273, (portion of) 8262-012-274,
(portion of) 8262-012- 275, 8262-012-
276, (portion of) 8262- 015-900, (portion of)
8262-015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-270,
8263- 008-271, 8263-008-904 and 8263-027-
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1560, 1576, 1580, 1590, 1600, 1620, and 1630
S. Azusa Ave., City of Industry, CA, 91744 also
known as Assessor Parcel Numbers 8254-004-
040, 8254-004-041, 8254-004-118, 8254-004-
120, and 8254-004-121
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Newage PHM, LLC
Under Negotiation: Price and terms of payment
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 10:56 a.m.
Mayor Moss reconvened the meeting at 12:10 p.m.
CITY COUNCIL SPECIAL MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 5
ity Attorney Casso reported out of Closed Session. All members of the Council wer resent or online telephonicall
With regard to Closed Session Items No. 6.1 and 6.2, direction was given to the agency negotiators, no final action taken. Nothing further to report at this time.
CITY MANAGER REPORTS
City Manager, Josh Nelson mentioned that the rodeo coming up is before our next City Council Meeting. He hopes to see everyone there.
AB 1234 REPORTS
There were none
CITY COUNCIL COMMUNICATIONS
There were none.
ADJOURNMENT
There being no further business, the City Council adjourned at 12:11 p.m.
CORY C. MOSS
MAYOR
JULIE GUTIERREZ-ROBLES
CITY CLERK
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 1
CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to in the City of Industry Council Chamber,
order Mayor Dave way, Calan an ephical on unter ne Call Name, 657-204-3264, Conference ID: 790 206 916#.
FLAG SALUTE
The flag salute was led by Mayor Cory C. Moss.
ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem, Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member, Telephonically
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; Lynn Thompson, Administrative Technician III; and Julie Gutierrez-Robles, City Clerk, telephonically.
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.
Mayor Moss asked if anyone else was on the line for public comments regarding items not listed on the agenda. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
CONSENT CALENDAR
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of the Consent Calendar.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 2
Mayor Moss asked if anyone was on the line for public comments regarding items on the Consent Calendar. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR SEPTEMBER 22, RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
5.2 CONSIDER RATIFYING THE APPROVAL OF THE CITY'S PUBLICATION IN CIVIC PUBLICATIONS, INC.'S STATE OF THE CITY, IN THE AMOUNT OF $38,068.00
RECOMMENDED ACTION: Ratify the approval of the State of the City publication in the amount $38,068.000
5.3 CONSIDERATION OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF
LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM 7 PROJECT, IN THE AMOUNT OF $37,210.00
RECOMMENDED ACTION: Approve the Agreement.
5.4 CONSIDERATION OF THE AUTHORIZATION TO ADVERTISE FOR PUBLIC BIDS FOR CONTRACT NO. CITY-1488, ANNUAL PAVEMENT REHABILITATION FY 22, FOR AN ESTIMATED COST OF $1,700,000.00
RECOMMENDED ACTION: Approve plans and
specifications and authorize the solicitation of public bids.
5.5 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1480, STIMSON
AVENUE GRADE CROSSING IMPROVEMENTS, TO SULLY-MILLER
CONTRACTING COMPANY, IN AN AMOUNT NOT-TO-EXCEED $691,650.00, AND
ADOPT NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Award the Contract to Sully-Miller
Contracting Company in the amount of $691,650.00 and adopt a Notice of Exemption for the project.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 3
With regards to the Consent Calendar, Council Member Radecki recused himself from voting on check number 79045 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.
MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER
GREUBEL THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING
ITEMS LISTED ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 79045 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,
MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
ACTION ITEMS
CONSIDERATION OF RESOLUTION NO. CC 2022-40, NOMINATING CATHY
MARCUCCI TO SERVE AS AN ALTERNATE MEMBER ON THE BOARD OF THE
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
40, nominating Cathy Marcucci to serve as an alternate member of the Board of the San Gabriel Basin Water Quality Authority.
Assistant City Manager, Sam Pedroza provided a staff report regarding the San Gabriel Basin Water Quality Authority. He gave a brief overview on how the boards work. He stated that they have representation from each of the three Water Districts and a couple members from private water companies and one member from the cities with pumping rights and one member from the cities without pumping rights, and each one has an alternate. The alternate with the city with pumping rights has a vacancy. Mayor Pro Tem Marcucci would like to fill that seat. In order to do that, it has to be done by a resolution, which is before you today. He was available to answer any questions.
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Item No. 6.1.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 4
Mayor Moss thanked Mayor Pro Tem Marcucci for her willingness to serve as an alternate member on the board.
Mayor Moss asked if anyone was on the line for public comments regarding Item No.
6.1. If so, press *5 to raise your hand and the City Clerk can unmute you. There were none.
MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO ADOPT RESOLUTION NO. CC 2022-40, NOMINATING CATHY MARCUCCI TO
SERVE AS AN ALTERNATE MEMBER OF THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY. 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
Mayor Moss reported that she attended the 2022 League of California Cities Annual Conference at the Long Beach Convention Center for one and a half days. She was nominated as the voting member of this council; she was there to do her duty. It was a good conference yet not as informative as she would have liked.
CITY COUNCIL COMMUNICATIONS
There were none.
CLOSED SESSION
Mike Greenspan and Armando Herman each spoke for three minutes in opposition of Closed Session Items 10.1 and 10.2.
CITY COUNCIL REGULAR MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
SEPTEMBER 22, 2022
PAGE 5
Mayor Moss asked if anyone was on the line for public comments regarding items on Closed Session. If so, press *5 to raise your hand and the City Clerk can unmute you.
There were none.
10.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: City of Industry v. San Gabriel Valley Water & Power, et al., and related cross actions
Superior Court of California, County of Los Angeles
Case No. 19STCV10150
10.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Ruiz v. City of Industry
Superior Court of California, County of Los Angeles
Case No. 20STCV29058
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:34 a.m.
Mayor Moss reconvened and recessed the meeting into the City Council Special Meeting at 10:15 a.m.
Mayor Moss reconvened the meeting at 12:10 p.m.
City Attorney Casso reported out of Closed Session. All members of the Council were present or online telephonically.
With regard to Closed Session Items No. 10.1 and 10.2, direction was given to the City Attorneys office, no final action taken.
ADJOURNMENT
There being no further business, the City Council adjourned at 12:11 p.m.
CORY C. MOSS
MAYOR
JULIE GUTIERREZ-ROBLES
CITY CLERK
CITY COUNCIL
ITEM NO. 5.3
OFIND
CITY OF INDUSTRY
MEMORANDUM
To: Honorable Mayor Moss and Members of the City Council From: Joshua Nelson, Cly Manager In
Staff: Sam Pedroza, Assistant City Manager
Date: October 27, 2022
SUBJECT: Consideration of Resolution CC 2022-45, approving a donation to the Pacific Crest Youth Arts Organization, in the amount of $5,000.00 for the Dr. Martin Rochford Memorial Scholarship
Background:
Pacific Crest Youth Arts Organization ("Pacific Crest") was founded in 1993 as a non- profit organization that provides educational and competitive performing arts programs that change the lives of young people in the greater Southern California region. Pacific Crest is one of North America's most respected performing arts programs, and reaches 3,900 students each year.
Discussion:
Pacific Crest contacted the City for a donation to sponsor the Dr. Martin Rochford Memorial Scholarship. Dr. Rochford was Pacific Crest's founding Board President. The scholarship is awarded to six first-year performers who best embody the values of Pacific Crest. The scholarship is applied to their tuition if they return for a second season. The donation of $5,000.00, along with other fundraising efforts, will assist Pacific Crest in providing resources to the community.
Fiscal Impact:
In the Fiscal Year 2022/23 budget, $456,000.00 was approved for Community Promotions and Economic Development. To date we have spent $23,000. No appropriations are required at this time (Account No. 100-621-5601).
Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2022-45.
Exhibit:
A. Resolution No. CC 2022-45
JN/SP:yp
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org
EXHIBIT A
CC 2022-45
[Attached]
RESOLUTION NO. CC 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO PACIFIC
CREST YOUTH ARTS ORGANIZATION, IN THE AMOUNT OF FIVE
THOUSAND DOLLARS ($5,000.00) FOR THE DR. MARTIN
ROCHFORD MEMORIAL SCHOLARSHIP
RECITALS
WHEREAS, Pacific Crest Youth Arts Organization ("Pacific Crest") was founded in 1993 as a non-profit organization that provides educational and competitive performing arts programs in the greater Southern California region; and WHEREAS, Pacific Crest is one of North America's most respected performing arts programs and reaches 3,900 students each year; and WHEREAS, Pacific Crest requested a donation in the amount of Five Thousand Dollars ($5,000.00) to sponsor the Dr. Martin Rochford Memorial Scholarship. This scholarship is awarded to six first-year performers who best embody the values of Pacific Crest, and the City desires to make the requested donation; and WHEREAS, the City's donation serves a public purpose by contributing to Pacific Crest, which supports the community by providing art programs that change the lives of young people in the greater Southern California region, and prepare them for leadership in a fast-moving world; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City's donation serves a public purpose by contributing to Pacific Crest, which supports the community by providing art programs that change the lives of young people in the greater Southern California region, and prepare them for leadership in a fast-moving world
SECTION 3: The City Council hereby approves the donation of Five Thousand Dollars ($5,000.00) to Pacific Crest Youth Arts Organization.
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 October 27, 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. 5.4
CALOT MOLESTED
1957 CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager 9^
STAFF: Sam Pedroza, Assistant City Manager
DATE: October 27, 2022
SUBJECT: Consideration of Resolution CC 2022-43 approving a donation to the Land of the Free Foundation in the amount of $25,000.00 for the Veterans Day Golf Classic Fundraiser
Background:
The Land of the Free Foundation ("Foundation") was created by a group of veterans of the US Armed Forces to support past, present, and future members in various areas through their partnerships with charities that support programs that are established for military personnel. Those programs provide financial services to families, assistance in the transition to civilian life, mental and physical health programs, and educational and career resources.
Discussion:
The Foundation has partnered with Pacific Palms Hotel and Conference Center to hold its annual Veterans Day Golf Classic fundraiser on November 11, 2022. This is the main fundraising event for the Foundation as many donate to participate in this event. The City has been a longtime supporter of this event, including staff participation in the golf tournament. The donation of $25,000.00 will support the Foundation's efforts in providing financial assistance to charities that support military personnel and their families. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Veteran's Day Golf Classic, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City staff is estimating that approximately 30 hours of support services will be donated.
Fiscal Impact:
In the Fiscal Year 2022/2023 budget, $456,00.00 was approved for Community Promotions and Economic Development. To date we have spent $23,000.00. No appropriations are required at this time (Account No. 100-621-5601).
Recommendation:
Staff recommends that City Council adopt Resolution CC 2022-43 approving a donation of $25,000.00 to Land of the Free Foundation for the Veterans Day Golf Classic 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Fundraiser.
Exhibit:
A. Resolution CC 2022-43
JN/SP:yp
EXHIBIT A
Resolution CC 2022-43
[Attached]
RESOLUTION NO. CC 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, APPROVING A DONATION TO THE LAND OF THE FREE
FOUNDATION IN THE AMOUNT OF TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) FOR THE VETERANS DAY GOLF CLASSIC
RECITALS
WHEREAS, the Land of the Free Foundation ("Foundation") was created by a WHEREAS, those programs provide financial services to families, assistance in the transition to civilian life, mental and physical health programs, and educational and career resources; and
WHEREAS, the Foundation partners with Pacific Palms Hotel and Conference Center to host its annual Veterans Day Golf Classic which raises funds for the Foundation; and
WHEREAS, the Foundation requested a donation of $25,000.00 to sponsor the Veterans Day Golf Classic on November 11, 2022; and
WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Veteran's Day Golf Classic, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City staff is estimating that approximately 30 hours of support services will be donated; and
WHEREAS, the City's donation serves a public purpose in that the proceeds are used to support the Foundation's efforts in providing financial assistance to charities that support military personnel and their families through services that include career development, physical and mental health, and financial assistance to families; 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 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's donation serves a public purpose in that the proceeds are used to provide support for various programs for military personnel which include career development, physical and mental health, and financial assistance to families.
SECTION 3. The Citv Council hereby approves the donation of I wenty-five Thousand Dollars ($25,000.00) to the Land of the Free Foundation, as well as an in-kind donation of 30 staff hours for support services.
SECTION 4. The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 27, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
2 CITY COUNCIL
ITEM NO. 5.5
INDUSTRY
1957
CITY OF INDUSTRY
MEMORANDUM
To: Honorable Mayor Moss and Members of the City Council From: oh Nelson City Manager 00
Staff: Sam Pedroza, Assistant City Manager
Date: October 27, 2022
SUBJECT: Consideration of Resolution CC 2022-47, approving a donation to Alma Family Services, in the amount of $2,000.00 for Distribution of Turkeys during the Holiday Season
Background:
Alma Family Services ("Alma") was established in 1975 in East Los Angeles by parents to provide, along with other purposes, a comprehensive range of multilingual community- based services for families including those with special needs. Since its inception Alma has a "whatever it takes" tradition of multilingual, culturally competent services to meet client's needs in their homes and residential facilities, schools, social and vocational programs, juvenile facilities, and other settings as appropriate. In addition, Alma provides eight interdisciplinary mental health outpatient office locations serving all age ranges including those with substance abuse in the cities of Long Beach, Walnut, Pico Rivera, El Monte and East Los Angeles and which also serve adjacent communities. Alma also provides mental health services which are functionally integrated within community health facilities and domestic violence programs in the greater East Los Angeles and San Gabriel communities including The Wellness Center at the Historic General Hospital Center in Boyle Heights.
Discussion:
Every year, Alma Family Services works with different organizations to provide turkeys during the Holiday season to those in need. This holiday season turkeys will be distributed at several Holiday Family Festivals to First District residents and their families in November. The donation of $2,000.00, along with other fundraising efforts, will assist Alma Family Services in providing turkeys to the community during the holiday season.
Fiscal Impact:
In the Fiscal Year 2022/23 budget, $456,000.00 was approved for Community Promotions and Economic Development. To date we have spent $23,000.00. No appropriations are required at this time (Account No. 100-621-5601).
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2022-47.
Exhibit:
A. Resolution No. CC 2022-47
JN/SP:yp
EXHIBIT A
CC 2022-47
[Attached
RESOLUTION NO. CC 2022-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO ALMA
FAMILY SERVICES, IN THE AMOUNT OF TWO THOUSAND
DOLLARS ($2,000.00) FOR DISTRIBUTION OF TURKEYS DURING
THE HOLIDAY SEASON
RECITALS
WHEREAS, Alma Family Services ("Alma") was established in 1975 in East Los ngeles by parents to provide, along with other purposes, a comprehensive range o ultilinqual community-based services for families includina those with special need:
WHEREAS, Since its inception Alma has a "whatever it takes" tradition of multilingual, culturally competent services to meet client's needs in their homes and residential facilities, schools, social and vocational programs, juvenile facilities, and other settings as appropriate. In addition, Alma provides eight interdisciplinary mental health outpatient office locations serving all age ranges including those with substance abuse in the cities of Long Beach, Walnut, Pico Rivera, El Monte and East Los Angeles and which also serve adjacent communities; and
WHEREAS, Alma requested a donation in the amount of Two Thousand Dollars ($2,000.00) to sponsor their turkey distribution to families during the holiday season, and the City desires to make the requested donation; and
WHEREAS, the City's donation serves a public purpose by contributing to Alma Family Services, which supports the community by providing a comprehensive range of multilingual community-based services for families including those with special needs; WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City's donation serves a public purpose by contributing to Alma Family Services, which supports the community by providing a comprehensive range of multilingual community-based services for families including those with special needs.
SECTION 3: The City Council hereby approves the donation of Two Thousand Dollars ($2,000.00) to Alma Family Services.
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 October 27, 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. 5.6
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager On
STAFF: Yamini Pathak, Director of Finance YP
DATE: October 27, 2022
SUBJECT: Consideration of Resolution No. CC 2022-46 - a Resolution of the City Council of the City of Industry, California, Rescinding Resolution No.
CC 2022-22 Approved on June 9, 2022 and Adopting a Revised Fiscal Year 2022-2023 Appropriations Limit
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 combined growth rate was calculated at
7.140%, 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. Resolution CC 2022-22 was adopted during regular City Council meeting on June 9, 2022.
Upon reviewing the calculation for FY 23, it was noted that the combined growth rate used for non-residential assessed valuation due to new construction and population growth was miscalculated. Instead of 7.140% the adjusted growth rate should be 7.106%, resulting in a decrease of the appropriation limit by $508,279 to $1,042,982,039.
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 new appropriations limit of $1,042,982,039 will be established for FY 2022-23. There is no fiscal impact associated with this report.
RECOMMENDATION
Appropriations Li her C 02-2 adopt Resolion No. CC 2022-48, approving the Attachments:
Resolution CC 2022-46 - Resolution Revising the FY 23 Appropriations Limit Exhibit A - Appropriations Limit Calculation
RESOLUTION NO. CC 2022-46
CONSIDERATION OF RESOLUTION NO. CC 2022-46 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, RESCINDING RESOLUTION NO. CC 2022-22 APPROVED ON JUNE 9, 2022 AND ADOPTING A REVISED FISCAL YEAR 2022-2023 APPROPRIATIONS LIMIT
WHEREAS, 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; 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 due to new construction and population growth adjustment factors within the City. The FY 23 combined growth rate was calculated at
7.140%.
WHEREAS, upon reviewing the calculation for FY 23, it was noted that the combined growth rate used for non-residential assessed valuation due to new construction and population growth was miscalculated. Instead of 7.140% the adjusted growth rate should be 7.106%, resulting in a decrease of the appropriation limit by $508,279 to $1,042,982,039.
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 $1,042,982,039 pursuant to Article XIIIB of the California Constitution.
Section 3. the 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 combined revised growth rate was calculated at 7.106%.
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 October 27, 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 lower of the following):
State Department of Selected for
City -0.45% Finance 9955 Factor Calculation
State Department of
County -0.71% Finance
Annual Limits Calculation:
Appropriations Limit for Fiscal Year 2021-22: $ 973,786,294 (A) Adjustment Factors For Fiscal Year 2022-23:
Inflation Factor (B) Population Factor (C)
1.07590 0.99550
Combined Factor (B times C)
1.07106 0.07106 (D)
Adjustment for Inflation & Population (A times D): $ 69,195,745 Appropriation Limit for Fiscal Year 2022-23: $ 1,042,982,039
CITY COUNCIL
ITEM NO. 5.7
OF MOUSE
CITY OF INDUSTRY
MEMORANDUM
To: Honorable Mayor Moss and Members of the City Council From: Joshua Nelson, City Manager
Staff: Bing Hyun, Assistant City Manager
Date: October 27, 2022
SUBJECT: Consideration of Amendment No. 2 to the License Agreement with Pacific Crest Youth Arts Organization, for Access to Assessor's Parcel Number 8264-004-908, located at 1123 South Hatcher Avenue
Background:
Pacific Crest Youth Arts Organization ("Pacific Crest") was founded in 1993 as a non- profit organization that provides educational and competitive performing arts programs in the greater Southern California region. Pacific Crest has performed at the 2021 Holiday Tree Lighting Ceremony, live stream fundraisers benefiting the La Puente Outreach Food Pantry and Delhaven Community Center, and the Industry Hills Charity Pro Rodeo.
On October 24, 2019, the City Council approved a License Agreement ("Agreement") with Pacific Crest for the use of a portion of the property located at 1123 South Hatcher Avenue, as a storage area for supplies, props, set pieces, vehicles, and various equipment for their programs. On or about November 1, 2020, the City Manager granted an extension to the Agreement extending the term through November 1, 2021. On October 28, 2021, Amendment No. 1 was approved to extend the agreement through November 1, 2022.
Discussion:
Pacific Crest wishes to extend the term of the Agreement, which expires on November 1, 2022. The proposed Amendment No. 2 will extend the term through November 1, 2023.
Fiscal Impact:
Given Pacific Crest is a non-profit organization, Amendment No. 2 does not change the $1.00 per year payment set forth in the Agreement.
Recommendation:
Staff recommends that the City Council approve Amendment No. 2 to the License Agreement with Pacific Crest Youth Arts Organization, dated October 27, 2022. 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:
A. Amendment No. 2 to the License Agreement with Pacific Crest Youth Arts Organization, dated October 27, 2022
JN/BH:yp
EXHIBIT A
Amendment No. 1 to the License Agreement with Pacific Crest Youth Arts Organization, dated October 28, 2022
[Attached]
AMENDMENT NO. 2
TO THE LICENSE AGREEMENT
This Amendment No. 2 to the License Agreement ("Agreement"), is made and entered into this 27th day of October 2022, by and between the City of Industry, a Calitornia public body, corporate, and politic ("Licensor/City") and Pacific Crest Youth Arts Organization, a California non-profit corporation ("Licensee") (Licensor and Licensee are individually referred to as "Party" and collectively referred to as the "Parties").
RECITALS
WHEREAS, on or about October 24, 2019, the Agreement was entered into and executed between the Licensor and Licensee, to allow Licensee to use a portion of City owned property located 1123 S. Hatcher Avenue, City of Industry, CA 91748 (APN 8264-004-908), ("Premises"); and
WHEREAS, on or about November 1, 2020, the City Manager granted an extension to the Agreement extending the term through November 1, 2021; and WHEREAS, pursuant to the terms of the Agreement, the License terminates on November 1, 2022, however the Parties desire to allow the Licensee to continue utilizing the Property; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to November 1, 2023; and
WHEREAS, for the reasons set forth herein, the City and Licensee desire to enter into this Amendment No. 2, 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 9. Term, Termination and Remedies.
The first sentence of Section 9 is hereby revised to read in its entirety as follows:
The License shall commence as of the Effective Date of this Agreement and shall automatically terminate on November 1, 2023.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"LICENSOR" "LICENSEE"
CITY OF INDUSTRY PACIFIC CREST YOUTH ARTS
ORGANIZATION
By:_ By:
Joshua Nelson, City Manager Stuart Pompel, CEO
ATTEST:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:
James M. Casso, City Attorney
CITY COUNCIL
ITEM NO. 5.8
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager (
Mathew Hudson, Engineering Manager; James Cramsie, Director of STAFF:
Engineering, CNC Engineering
DATE: October 27, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2024, revising the rate schedule, and increasing compensation by $10,000.00
BACKGROUND
On August 23, 2018, the City Council approved a Professional Service Agreement ("Agreement") with WKE, Inc. ("WKE") in the amount of $175,000.00 for the Grand Avenue Bridge over San Jose Creek. The scope of work entails widening of the Grand Avenue bridge over the San Jose Creek by approximately 18 feet. The existing bridge will be evaluated for seismic performance and be retrofitted, as required. The widening of the bridge and the approach roadway is required for operational improvements on Grand Avenue and to meet future traffic demands.
On August 26, 2021, the City Council approved Amendment No. 1 to the Agreement extending the term through August 26, 2022 as the design was ongoing. Additionally, the rate schedule was updated to reflect WE's current rates, language was added requiring indemnity specific to independent contractors, and the addresses for the City, City Attorney's office, and WKE were also updated.
DISCUSSION
The Agreement expired on August 26, 2022, and it is necessary to extend the Agreement through June 30, 2024, to allow WKE to continue providing design services and construction support when the project is awarded. Additionally, it is necessary to update the rate schedule to reflect WKE's current rates along with a companion increase in compensation by $10,000.00 due to increased rates and project delays. Currently, plans and specifications are near 65 percent after the first round of Los Angeles County Public Works plan check and final plans should be completed in 2023.
FISCAL IMPACT
The fiscal impact associated with Amendment No. 2 is $10,000.00. In the adopted FY 2022-2023 Capital Improvement Project budget, $120,000.00 is approved for this work and no appropriations are required (Account No. 120-705-5130) (MP 99-31 #54).
RECOMMENDATION
Staff recommends the City Council approve Amendment No. 2 to the Agreement with WKE, Inc.
Attachments
A. Amendment No. 2 to the Professional Services Agreement with WKE, Inc., dated October 27, 2022
ATTACHMENT A
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH WKE, INC.
This Amendment No. 2 to the Professional Services Agreement ("Agreement") is made
RECITALS
WHEREAS, on or about August 23, 2018, the Agreement was entered into and executed between the City and Consultant to provide general engineering design services for the Grand Avenue Bridge Widening over San Jose Creek Project; and WHEREAS, on or about August 26, 2021, the Agreement was amended to extend the Agreement through August 26, 2022 to allow Consultant to continue providing engineering design services and amend the rate schedule in its entirety to reflect Consultant's current rates.
Additionally, it was necessary to comply with best practices and revise the indemnity provisions specific to independent contractors, as well as update the addresses for the City Attorney, the City, and the Consultant; and
WHEREAS, the Agreement expired on August 26, 2022, and an extension is needed through June 30, 2024 to allow Consultant to continue providing engineering design services, amend the rate schedule in its entirety to reflect Consultant's current rates along with a companion increase in compensation by $10,000.00 due to increased rates and project delays; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, 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 August 27, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
4. PAYMENT
The second sentence of Section 4 (a) is amended as follows:
This amount shall not exceed One Hundred Eighty Five Thousand Dollars ($185,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 1 attached hereto, and incorporated herein by reference.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry WKE, Inc.
By: By: _
Joshua Nelson, City Manager Wei Koo, President
Attest:
By: _
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By:
James M. Casso, City Attorney
ATTACHMENT 1
EXHIBIT B
Rate Schedule
Classification Hourly Rate
Project Manager $294.00
Senior Engineer $223.00
Project Engineer $152.00
Assistant Engineer $112.00
CADD $143.00
EXHIBIT A TO AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT WITH WKE INC. DATED AUGUST 23, 2018
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of August 23rd, 2018 ("Effective Date"), between the City of Industry, a municipal corporation ("City') and WKE, 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 August 23, 2021, unless sooner terminated pursuant to the provisions of this Agreement.
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 professional engineering 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 rans that it and that, i is re 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.
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's Acting 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 One Hundred Seventy-Five Thousand dollars ($175,000.00) 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
(a) Consultant represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City 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, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Consultant shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Consultant shall make all such records available for inspection at all reasonable hours.
To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Consultant shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code.
(e) If the Services are being performed as part of an applicable Public works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Agreement and require the same of any subconsultants, as applicable. This Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
6. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City 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, transfering, 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 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 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.
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 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.
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 pror written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarly 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 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager
With a Copy To: James M. Casso, City Attomey
Casso & Sparks, LLP
..... 13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
To Consultant:
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 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.
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 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, well as costs on appeal, in addition to any other relief to which it may be entitled.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or wntten 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 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 WKE, Inc.
By.
Wei Koo, President
Ales F2b0
Julie Gutierrez-Robles, Deputy City Clerk
Approved as to form:
Pausan 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
1- BRIDGE GENERAL PLANS/ STRUCTURE TYPE SELECTION
The consultant will prepare the bridge general plans to reflect all the geometric, utility, foundation and bridge design changes. The bridge general plan will follow Caltrans Office of Special Funded Project Branch Information & Procedure Guide Section 4-2 "Structure Type Selection". Bridge General Plans will be based on the bridge site data such as roadway geometry, utility and drainage design. Those data will be supplied by the City. It is assumed that roadway designers will provide completed electronic format (AutoCAD) to the bridge engineers. Detailed falsework clearance calculations will be prepared by the bridge engineers to verify the proposed overhead clearance of all bridge constructions that require concrete construction on falsework. Design will follow the Caltrans LRFD Bridge Design Specification.
The existing bridge may require seismic retrofitting measures due to the proposed outside widening. We will investigate the seismic safety and structural integrity of the existing structure follows the latest direction from Caltrans on "sliver" widening and may recommend additional measure to the design of the widening to strengthen the existing structures.
Preliminary seismic analysis will be performed during the Bridge Type Selection Phase. The purpose of the seismic analysis is to confirm the structure dimension and foundation type, size and locations. Seismic analysis will be based on the preliminary geotechnical design memo produced by the project geotechnical engineer. The analysis would include dynamic analysis based on the proposed ARS curve per SDC
1.7 and estimated foundation stiffness. The analysis will determine elastic seismic displacement of the proposed structure.
The proposed structure will span over San Jose Creek, an improved concrete channel owned by maintained by Los Angeles Flood Control District. As the design of the widening is not expected to reduce the amount of the freeboard, it is assumed no additional hydraulic analysis would be required.
Bridge Type Selection Report will be prepared that contains the material as required under Caltrans Information and Procedure Guide 4-2. We will also prepare General Plan Estimates for all the structure alternatives that have been studied during the Type Selection process and will confirm the proposed foundation design following foundation recommendations contained in the Preliminary and Final Foundation Report to be supplied by the City.
Deliverables
• Bridge General Plans
• Bridge Type Selection Report
• GP Estimates
2- UNCHECKED DETAILS SUBMITTAL
The bridge design will have prepared in accordance with the codes and standards of Caltrans. The following list summarizes the key design components of the structural improvements for the proposed bridge widening and reconstruction.
1. All plans and calculations will be prepared in English Imperial units.
2. Seismic analysis will follow the procedures as outlined in Caltrans SDC and chapter 20 of the Caltrans Memo to Designers. Effect of the combined structures will be analyzed, and additional retrofit requirement in addition to the bridge widening will be evaluated.
3. Bridge structures will be designed following the latest Caltrans Seismic Design Criteria (SDC 1.7).
4. Because the bridge widening would involve a partial removal of the existing bridge overhang with raised walkway, structure will be designed with the properly coordinated construction sequence and staging plans. Constructio oints will be placed and specified on the plans to indicate location of splices
5. The bridge may require a new utility opening to accommodate a future utility line. Utility relocation will be referenced in the bridge plans.
The Unchecked Details and Specifications will be submitted to the City of Industry (City) and County of Los Angeles (County) for review comments.
Deliverables
Preliminary Estimates
Draft Structure Special Provisions
65% Unchecked Detail Plans. The list of plans is shown below:
Sheet Title No. of Sheets Comments
Bridge General Plan 1
Seismic Retrofit Strategy General Plan 1 (if required)
Foundation Plans 1
Grid Grades/ Deck Contour Plans 1
Abutment 1 and 2 Layout and Sections 2
Abutment Details/ Wing Wall Details 1
Abutment Retrofit Details (if required)
Girder Layout Sections
Girder Sections and Details 1
Girder profiles and prestressing Details 1
Barrier Rail and Lighting Details 1
Miscellaneous Details 1
Log of Test Borings 1
Bridge (Widening) 12
Seismic Retrofit 2
3. INITIAL STRUCTURE PLANS
The consultant will follow the Caltrans practice and the plans will be checked independently by a registered engineer. The intent is to swap between the designers and checkers in order to maintain objectivity of the independent checking process.
Differences in the calculations will be reconciled first before the Initial Plans will be submitted to Caltrans for review and approval.
The consultant will prepare a final quantity takeoff. The based on the standard Item List developed in accordance with the Caltrans Standard Specification and Standard Special Provisions. Designer quantity take-offs will be compared with the independent quantity takeoffs following the completion of unchecked Details Plans. The consuitant will also prepare a complete set of independent quantity check calculations of all structural components. The quantities will be compared with the designers quantity takeofts, and all structure bid items will be checked in accordance with Caltrans Bridge Design Aids Section 11 "Estimating".
Suggested Work Days schedules will be prepared for the individual structures, as weil as for the group of structures to be advertised and constructed in single phase. The 2018 Caltrans Standard Specification will be the basis of the project specification. , We Will develop a project specification using the Caltrans Standard Special Provisions (SSP) format.
The consultant will submit the Initial Structure Plans to the County and the City for review and approval. This stage of the submittal will include the followings:
• Bridge Plans,
• Standard Special Provisions
• Quantity and Initial Engineers estimates
Deliverables
• 90% Plans, Special Provisions and Estimates
• Design Calculations
• Check Calculations
• Check Detail Comments and Resolutions
4. FINAL PS&E SUBMITTAL
The final approval submittal will implement the design corrections as noted in the agency's review and the consultants response comments. The consultant will also produce our final Engineers Estimates as part of the final PS&E Submittal. The consultant will also prepare the final RE pending files in accordance with Caltrans OSFP I&P Guides.
All structure plans will be submitted to Caltrans both in hardcopy format, and electronic format. All plans will be prepared in DGN formats following Caltrans
structure CAD preparation guidelines. RE pending files will be prepared in accordance with Caltrans MTD requirement, including the quantity summary sheets, MR calculations, final approved foundation report, 1=50 scale deck contour sheets, and construction notes to RE.
Deliverables
• Final 100% PS&E Submittal
• PE Pending Files
5. POST DESIGN SERVICES
The consultant Team will conduct post design services (PDS) during the construction of the structures. The post design services include the following activities:
1. Attend pre-construction meeting
Respond to Request for Information (RFI) generated by the Construction Manager
3. Review prestressing reinforcement and joint seal assembly shop drawings
4. Produce As-Built plans
EXHIBIT B
RATE SCHEDULE
Project Manager • $275.92
Senior Engineer $209.55
Project Engineer $124.24
Assistant Engineer $88.29
CAD $95.01
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 the 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 the 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 arse 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. 5.9
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager 4
Mathew Hudson, Engineering Manager; James Cramsie, Director of STAFF:
Engineering, CNC Engineering
DATE: October 27, 2022
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY-1442, Nelson Avenue Intersection Improvements at Puente Avenue and Sunset Avenue, for an estimated cost of $5,400,000.00 (MP 12-16)
BACKGROUND
Plans and specifications for the intersection widening project for Nelson Avenue at Puente Avenue and Sunset Avenue have been completed. This includes two design projects of intersection widenings at Puente Avenue and Sunset Avenue that will be administered as one construction project under Agreement No. City-1442, subject to the approval by the City Council. The design of the intersection at Sunset Avenue was completed by JMDiaz while the design at Puente Avenue was completed by Willdan Engineering.
DISCUSSION
The improvements at the two subject intersections include widening of the four curb returns at each intersection, the addition of eastbound to southbound right turn lanes, new traffic signals, concrete pavement, curb & gutter, sidewalk, ADA compliant curb ramps and upgraded catch basins. Landscape and irrigation improvements are included as part of this project for both intersections. The existing street light system is being upgraded, including addition of new streetlights.
FISCAL IMPACT
The estimated cost for this project is $5,400,000.00.
RECOMMENDATION
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids
Attachments
A. Notice Inviting Bids
B. Engineers Estimate
C. Section A Pages A 1 through A 8
D. Reduced Set of Project Plans
ATTACHMENT A
FOR PUBLICATION
NOTICE INVITING BIDS FOR:
CITY OF INDUSTRY
PROJECT NO. 442
NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE AVENUE AND SUNSET AVENUE
CONTRACT NO. CITY-1442
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on December 15, 2022, via the City of Industry's PlanetBids™ vendor portal. Bids 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 as defined in Sections 7055-7058 of the Business and Professions Code.
Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.
The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.
(Continued)
Contract No. CITY-1442 - Specifications
The Scope of Work is as follows: Widening intersection curb returns, addition of eastbound to southbound right turn lanes, new traffic signals, new concrete pavement, curb & gutter and sidewalk, ADA compliant curb ramps, new catch basin, new driveway, landscape and irrigation improvements. New streetlights.
Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on November 29, 2022 at 5:00 P.M.
..........
Contract No. CITY-1442 - Specifications
CITY OF INDUSTRY
PROJECT NO. 442
NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE AVENUE AND SUNSET AVENUE
CONTRACT NO. CITY-1442
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.
The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.
By the order of the CITY OF INDUSTRY dated October 27, 2022.
Julie Gutierrez-Robles, City Clerk
......
Contract No. CITY-1442 - Specifications
ATTACHMENT B
ESTIMATE FOR:
CITY OF INDUSTRY
PROJECT NO. 442
NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE AVENUE
AND SUNSET AVENUE
CONTRACT NO. CITY-1442
ENGINEER'S ESTIMATE
$5,400,000.00
Contract No. CITY-1442 - Specifications
ATTACHMENT C
SECTION A
CITY OF INDUSTRY
PROJECT NO. 442
NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE AVENUE AND
SUNSET AVENUE
CONTRACT NO. CITY-1442
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on December 15, 2022, 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 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 1725.5. Please note: It is not a violation of this section for an unregistered contractor to 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: Widening intersection curb returns, addition of eastbound to southbound right turn lanes, new traffic signals, new concrete pavement, curb & gutter and sidewalk, ADA compliant curb ramps, new catch basin, new driveway, landscape and irrigation improvements. New streetlights.
Contract No. CITY-1442 - Specifications A-1
Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on November 29, 2022 at 5:00 P.M.
The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited.
If the bid guarantee is a Cashier's Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier's Check shall be sealed in an envelope, endorsed as follows: CITY-1442 - NELSON AVENUE INTERSECTION IMPROVEMENTS AT PUENTE AVENUE AND SUNSET AVENUE, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. It 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 and signed bid package to the City and will be given a deadline to submit.
The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.
The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least Bt: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 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.
Contract No. CITY-1442 - Specifications A-2
Contractor shall provide the following types and amounts of insurance:
Without limiting Contractor's indemnification of City, and prior to commencement of the Project, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.
General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.
Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each 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-1442 - 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 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 the City before the Contract No. CITY-1442 - Specifications A-4
City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's risk manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Contract No. CITY-1442 - Specifications A-5
Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.
Contract No. CITY-1442 - Specifications A-6
PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.
The following Labor Code sections are hereby referenced and made a part of this Agreement:
(i) Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(ili) 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).
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.
Contract No. CITY-1442 - Specifications A-7
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 October 27, 2022.
Julie Gutierrez-Robles, City Clerk
:
Contract No. CITY-1442 - Specifications A-8
ATTACHMENT D
CITY OF INDUSTRY
IMPROVEMENT PROJECT NO. 442
NELSO PANTE AVENTE ANTONSERTE
CONTRACT No. CITY-1442
TABLE OF DRAWINGS
DRAMA NO. DESCRIPTON
1 o z7 1 0r 1
2 or 27 1 05 11
ine or 27 2-3 07 11 TICA FECHANS AND DEMAIS
3-5 or 27 1-s or 11 STACT WOFENG PLAN AND APONE
PROJECT SITE CONCRETE ENSECTON ANEMENT PLAN
7 or 23
§ or 27
o7 27
10 OF 27 9A CE 1t STREET LICHING PLAN
11 0r 27 20 cr 11 STREET UCHTNG PAN
12 or 27 10 oF 11 PROCATION ACONCATON FLA
41 05 27 11 CF 11 CRANE MOTO BAN
PROJECT RAWING PACKAGE 2 - NELSON AVENUE AND SUNSET AVENU SITE 14 or 27 • OF t ATLE SHEET TOR PACKAGE 2
15 or 27 2 cF • TAICA SECTION AND NOTES
16 OF 27 3 or 9 OCTAN SHER
17 Cr 27 4or9 aCHOUTOM PRAN
18-19 OF 27 RAM A PorS
IMFERSECTON GRID
21 05 2 a or a
22 OF 27 9 0r 9
VICINITY MAP WING PACKAGE 3 - STREET LIGHTING PLANS AT NELSON AVEI 23 OF 27 1 oF 4 ATE SNET FOR PACKACE 3
2A or 4 STREET LIGHTING PLAS
29 of 27 28 of 4 STREET (ICHTING PLAY
26 cF zi 3 0F 6
27 cr 27 4 0F € PLANTNC HODUSCANOW PLAN
CITY OF INDUSTRY
NELSON AVENUE INTERSECTION IMPROVEMENTS
CITY OF INDUSTRY AT PUENTE AVENUE AND SUNSET AVENUE aTY-1442 ACNC 372
IRMAPORATANT TA IRA
CONTRACT TITLE SHEET
CONTRACT CITY-1442 SHEET 1 OF 1
CTY-1442 CONTRACT CRAMNG NO. 1 OF 27
L
GENERAL NOTES: CITY OF INDUSTRY CONSTRUCTION NOTES
• PROTECT A PACE.
IMPROVEMENT PROJECT NO. 442 * SIE STRPING PURS.
SIT TRATIC SOUL MUNS
NELSON AVENUE AND PUENTE AVENUE • SIE LOING PLAN
I REMOVE TYPE AS SHORN
INTERSECTION WIDENING ON TOK AGE ONE 12-80H TICK
CONTRACT NO. CITY-1442
MASON AM
I ARUST TO GRADE MUNICLE FRAME HAD COVER.
ADJUST TO GRADE HATER NIO/OR GAS WEVE
12. THE
A AUST TO GRADE MATOR METER BOK AND COVER.
ADJUST TO GRADE BY OTHERS
RELOCATE BY OTHERS PER SEPARATE POMTS
VICINITY MAP REMOVE NO RELOCATE DOSTNG MP DOEND PROPOSEI
NOT TO SCALE
INDEX OF SHEETS A
SHEET NO. ROMY DESTINO ASPIRI CONGREE, FOC OR DICE BETRA INSTALL CONNECTO SCROIN (CPS).
NA CAS CO EST 2-3
PCE BLOCK OUT FOR TROE MELL POR DETAR +
STROET WIDENG PLAN AND PROFLE
4.0 (562) 090-7411 CONCRETE INTERSECTION PAVEMENT PLAN
• LOS ANGELES COUNTY ®
(820) 440-0183 SIGNING AND STRPIC PLAN
TRATIC SICHAL MOCEMICATION PLAN A
(714) 634-3067 STREET LIGHTNG PLAN
LA GONE ET OF PRUC WORKS - ROACHAS (626) 458-1700 RRIGATION MOOPICATION PLAN (420) 430-3335 PLANTING MODIFCATION PLAN
LEGEND
CAC CURE AND GUTTER
CATCH BASIN
BAll ASPALT CONCRETE
NOTICE TO CONTRACTOR TOP OF ALL COUNTY OF LOS ANGELES
BACK OF WALK
ATER WALKE FINISH SURFACE PET DREA OF ARE NOTH
588988 TOP OF FOOTING ROVED MARK PESTRELLA
TWOR MANHOLE
DESTINE GROUND OR DISTING GRADE 7724/19 CITY OF INDUSTRY
DRAIN MUMOLE CEMENT CONCRETE
PORTAND N кор
TRAFTIC SIONAL
RELATME COUPACTO
COURED TO TAKE BLE PREC . ar WROUGHT IRON FENCE RECOUMONDD OWN ON THEE PA DRIVERAY 7/24/2019 CY ENOREDY 3/31/2017
CITY OF LA PUENTE
ASPHALT RUBBER NOT MEX
B FACE REVENC APPROVED B9
TRADE RATAR
7123/2019 ANY DRONET 5/29/2
NELSON AVENUE AND PUENTE AVENUE
CITY OF INDUSTRY TWIDDAN E INTERBECTION WIDENING
TITLE SHEET
3/28/19
JOB NO. CITY-1442 SHT. 1 OF 11
[CITY-1442 CONTRACT DRAWING NO. 2 OF 27
C/. STREET CASTON
5-6 TO 8-5.
DIST/mO ur DESTING MEDIA 300 300-
®
296- -296
MATON DEST GRUDE MATOI DAST GRANC
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001 -292
292 BOJECTNO-1
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B-NOX THE CI
TYPICAL STREET SECTION FOR PUENTE AVENUE
TO 1040730 10 10-0000 284 -284
CA. STREET
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PROFILE SCALE
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2230(202)
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LEGEND
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- MATOI DEST GRADE
00 May 20, 2010
DIST CAC BOM 10+26.13 TO 12+23.92 CITY OF INDUSTRY
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CONSTRUCTION NOTES
PROTECT IN PLACE
SCE STRIPPO PUNE
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290.70 гS
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ADJUST TO
ALLUST TO GRADE MUTE AND/ON CAS VALVE
JETAIL E ALLUST TO GRACE ЖАЛЯ METER BOK MO COVER
SOUTHWEST CURB RAMF
CITY OF INDUSTRY MARIST TO CONCE BY OMERS
CASE A TYPE 3 WITH
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Д:®
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LEGEND
SIA 2049011.30.07 ET (0.1304.00
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DETAIL F
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SOUE 1*-5 CASE B TYPE 1
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APPROVED BY: ignA102082 ND 3 eTC-RO-603 RompDetalsdeg
DETAIL D 5/31/2221
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CITY OF LA PUENTE NELSON AVENUE AND PUENTE AVENUE
CASE A TYPE 3 WITH INTERBECTION WIDENNG
DEPRESS BACK OF WALK
CURB RAMP DETAILS
320/19 SHT. 3 OF
JOB NO.
CITY-1442 CONTRACT DRAWING NO. 4 OF 27
CONSTRUCTION NOTES
Lol PROTECT IN PACE
PROPOSED TO PROFILE PROPOSED TG PROFILE SIE STAPHS PLAS
PROPOSED FL PROFILE PROPOSED AL PROFILE SEE TRAME SOUL PLANE 300
SHE LON PAN
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THOK POC OMDT 12-NOI THIC
EXIST FS. 0 O/
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1-0.001
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302 PROPOSED FL PROFILE A
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ARUST TO GRADE MANHOLE FRAME AND COVER.
AGNUST TO GRADE VATOR AND/OR CAS VALVE.
ADJUST TO CRADE NATER METDE BOX AND CONER
17+00 18+00 ADIUST TO CRAOC DY ONERS
019400
RELOCATE BY OTHERS PER SEPNATE PERMITS
CAN I DISTING WE EDINO PROPOSED
A
NELSON ASPILT
REMONE DESTRO CONCRETE, POC OR BASE MATIONL
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LEGEND
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P1030
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DOT THIE ROP VE DST TREE DET CaO DOST TRIE PROP 1T
¿ OF PUENTE AVE CITY OF INDUSTRY
DO THE COMAX SEE SHEET 5
VAPROVED BY:
0CCO 5/31/2011
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NELSON AVENUE AND PUENTE AVENUE
W WILLDAN E INTEREECTION WIDENING
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JOB NO.
STA 2+17.0
MATCHLINE CONSTRUCTION NOTES
EXIST FS ORAN
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SEE STRIPING PUNS.
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302 XIST ES O RAN - SOUTH CAN ROTTeN TO SPRC
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ADJUST TO GRADE MATER AID/OR CAS VALVE
17+00 18+00 19+00 19+50 ABUST TO CRADE WATER METER DOX AND COVER.
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CL PUENTE AVE
SNOWAY BY OTHERE
MATCHLINE STA 20+79.81 COUNTY O LOS ANGELE
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CITY OF INDUSTRY
0ST THE DST THE DIST TACE PPROVED BY:
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OY DRONEDY
RO- 38- NELSON AVENUE AND PUENTE AVENUE
INTERSECTION WDENING
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T/17/2019
JOB NO SHT. OF 11
CITY-1442 CONTRACT DRAWING NO. 6 OF 27
CONSTRUCTION NOTES
3406L
MATCHLINE STA 21+50
LEGEND
S0LE 1=20
STA 21*19.28
COUNTY OF LOS ANGELES L PUENTE
AVENUE
MATCHLINE STA 21+50
SEE RIGHT ABOVE
AVENUE
NELSON LA PUENIE
COUNTY OF LOS ANGELE
OMYORNDUSTRO
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& MORE AN TO TALE
May 29, 2019
AT OR PUBLIC WORKS
7172019 CITY OF INDUSTRY
PROVED BY
10A NeWS OMENONE 5/01/3829
NELSON AVENUE AND PUENTE AVENUE
INTERSECTION WIDENING
CONCRETE INTERSECTION PAVING PLAN
5/29/10
JOB NO. SHT. 6 OF 11
[CITY-1442 CONTRACT DRAWING NO. 7 OF 27
SENEBAL NOTES
ALL CONFLIC
ALL TURN NOTONO SALL BE TIE I (L ONE RO LACESS OMERNSE
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NELSON AVENUE
MOTE: FURNISH AND POSTALL SICK ANGS POST AS SHOT
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CITY OF INDUSTRY
REVER: COUNTY OF LOS ANDELES
• IN FCET
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GENERAL NOTES (CONT.):
PR M NOTE:
BEATA VERD DIES AROMA CMERU
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CONSTRUCTION NOTES:
IT AID TITT. 17G CONTACLLIX
VITALL SCH AS SHOR
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PUENTE
FURION AND HIDEL PULL OOH AS SHORN
11 PUNISH HAD MIDUL 2-5 PAC CONCURT
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POLE LOCATON RETAIL
REMOVE PRESTINA PUSH BUTTON PEST MAD FOUMORTIOM
POLE SCHEDULE
STANCARO MANICAL I MAPLED TO CONCUIT, RENOME CONDUCTORS.
TARONED COOLITE PEDOME LESTRE
HT. POLL NO. PHASE TYPE LEGEND 507 CITY OF INDUSTRY
EF QTY PUENTE
LA
O8 FU RAM zies 25% COUNTY OF LOS ANGELES
BOUNTY OF LOS ARCELA COUNTY OF LOS ANGELES
MAS.
6302020 DEPARTMENT OF PUBLIC WORKS
IT-1-19-1-718 DITY OF MOUSTRY
LL HEGMAY SAFETY LAMT MOM LED COUTHALDITS HEGHAMY SAFETY UGHTS IC LED LINNE MARLRACTURED OT VELOPHUNE COURTY OF LOS NADIE
WUDAN E TRAFFIC SIGNAL PLAN
DAM. 9/13/22
PE TO PIT THE 19 STAMOND POLE
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HA POTILL TeCT OF TURE! NELSON AVENUE
CAMeRoNTa 3/22/207. 79/20
1/S 8 OF 11 SHT. 1 OF I SCALE: 1'-20" T.S. 2051 R-55
MNG NO. g OF 27] THIS PLAN EXPIRES 2 YEARS AFTER APPROVAL DATE
GENERAL NOTES
CONS KUCTIONNOTES
DATE OF APPROVING LAYOUT AIRES TRO YCARS AFTER TIE LATEST 17. COME CUPRCSSION
SO EAT INDENTAL HARDWARE NECESSA
APPROAD LOUR POLES SHALL BE AUCRON TIPE ICT SERIES OR HEARD A NO MOUSY, UNLESS OTHERISE HOTED, PEN FROM
ALL STREET LIGHT WRONG SHALL BE UNDCNOROUN
C 34238K OF THE UNE SO COA CONCUIT
E FIVE-FOOT CLEARANCE TO BE UAINTAINED FROM FIRE HYDRANT, STALL 7 CONDUIT WITH 2IM ANG ALUMUM WIRE PER NEC REQUIREMENTS
CCEPTABLE FOR CONDUIT INSTALLATION AFTEN
AVENUE
NELSON AVENUE
TRAITIC SIONAL POLE TRAINIC SONAL POLE
COUNTY OF LOS ANÇOLE:
DE CONE TO BE REMOVED
TRANG SONAL POLI
TRATIC SICHAL POLE rar.
TRAING BOIAL POLE. RAFTIC SOUAL POLE
LEGEND
CONCIER E
PUENTE
SQUALIZED INTERSECTION MTH VDED DETECTION
ROVED EQUAL
50% CITY OF INDUSTRY
257 COUNTED POETELES CITY PUENTE
CRAPHIC SCALE
CITY OF INDUSTRY
(IN FEET | PROVED BY
1 inch - 10 ic 8/29/2:
40 7E HE 2790
NELSON AVENUE AND PUENTE AVENUE
INTERGECTION WDENING
STREET LIGHTING
1/0200
JOB NO. SHT. 9A OR
CITY-1442 CO
(MCO 14 CALV)
BASE DETAIL
SECTION "A-A
н TOANGATO
TOUNDATION
OANT SATS E SADT COMONT SAOXS (0 540C)
PLAN VIEW
APED SAND
BETE HEF
TYPICAL AMERON STANDARD DETAILS 2 ST. WIGHT PULLBOX INSTALLATION DETAILS SOAR CAL SERVE PEDESTAL DETAN CALE: N.T.:
RANG AL HỘT IEG TAM 2
PRCA METE • MANG AL NEUTRAL
-200 AN0 AL (TYP)
STREETUGIT (TYP)
VE HEN NES BAL DE METALES
) SORENG DIAGRAM - NELSON AVENUE.
CITY OF INDUSTRY
t/21:33
viT oiT bolis
WWÜDAN E NELSON AVENUE AND PUENTE AVENUE
INTERBECTION WIDENNG
EDU D Bl 5.30.23 STREET LIGHTING
ALO TALACO
JOB NO. SHT. 9B OF 11
om Ra
[CITY-1442 CONTRACT DRAWING NO. 11 OF 211
IRRIGATION MODIFICATION NOTES
DISTING TUBULA
ROTECTED IN FRAC AVENUE
NELSON • RILOCATE ALL COSTAG IRCGATICN POR-UP BODIES AID REPLAC AND WALKAY.
CITY OF MOUSTRY COUNTY OF LOE ANORLES.
PROTECT IN PLACE
IRRIGATION CONSTRUCTION NOTE - DISTING IRRIGATICEL HAN IN MAINLINE, TO BE PROTECTED IN PU • FURNISH AND INSTALL HUNTER RZWS, RZWS-J6-30-CV.
ALL EXISTING REMOTE CONTROL VALVE AND CLICK COLPUER VALSE
MERE ARE NOT DIDICATED AS RELOCATE
DEAR SILL I 351 0 RE RE RELOCATE
COUNTY OF LOS ANGELES CITY OF LA PUENTE
G.P.M. DEMAND BIPE SIZE i MO
8888
SCH. • CHAE CH
A HUNTER POS BUBBLER
© HUNTER ICY CHECK VILVE
© PAINED STRACA RECT SATEM
AVENUE
@ LATERAL,TEE OR ELL/PPC
© POT INTRASON BARRES
NOTE INSTALL HUNTER FUTER FARRE
PUENTE YOR LA PURITE ROOT ZONE WATERING SYSTEM
35 OPPON COL
TREE TO REMAN
no one 33
10. 0 m
PH
IRRIGATION GENERAL NOTES
TE ROOM CONEY EXACT LOCATON OF DEST
REMOTE CONTROL VALVE NTS
EXISTING IRRIGATION VERIFICATION NOTES
DATED 11/17/09, FOR REFERENCE
HELES
OR PEDESTRLAN AND VEHICULAR SAFETY CONSDERATIONS
CITY OF INDUSTRY
AUTHORZED REPRESENTATIVE FOR FURTHER INSTRUCTIONS. AAMOVED 9) DIMNEW CAVIL RE, VE 37790 9/15/22
NELSON AVENUE AND PUENTE AVENUE
W WILMAN E INTERSECTION WIDENING
3551
-02-51-15 IRRIGATION MODIFICATION PLAN
102012 JOB NO. CITY-1442 SHT. 1O OR
CITY-1442 CONTRACT DRAWING NO. 12 OF 27
NELSON GENERAL NOTES
AVENUE
ETY OF NOUSTIN COUNTY OF LOS ANGELES
HACK CO WALK INCHO HA
TYPICAL PLAN
NOTES:
RE SHALL FOLLOW MANUFACTURE'S
S. KRUP ARE SOUR STENCHES CLEAR FRON FREE
CROSS SECTCH 4.4 SCALE: 1* = 30
SIR HAM
PSTALLATION
4'°X4' TREE WELL
STANDARD TRUNK STAKING PLANTING MODIFICATION NOTES
AVENUE
NOTE US PER STEE
CITY OF | PROTECT IN PLACE
TAE MISER WIL PICK NO SCURED TO CRY OF LA PUENTE
GIYOF NOUSTHY NOUS IR REMOVE
LODGEPOLL PRE STAGE ° DA X 19 LONG
===
PRESS FRANC
ROC CURE POR OVE DIG FUNE EASTNG IRCE, PROTECT IN PLACE. sa== PUENTE
PLAYING TABLET
PLANTIC BAGEL PER SPCONCARDEE WALL CONSTRUCTION NOTE
13, 5022
ROST CONTROL BARRER 26° DEPIN E SECT BUST AXE POC, BLOCK-OUT FOR TREE WELL
LORE NE STAKE
HITTE NAIL TO START
PREE TIE DETAR OR NOCK NO APOLE
TREE WELL PLANTING NTS
CITY OF INDUSTRY
- 9/5/24
NELSON AVENUE AND PUENTE AVENUE
INTERSECTION WIDENING
PLANTING MODIFICATION PLAN
DATE 00/202 JOB NO. CITY-1442 SHT. 11 OF 11
[CY: 1412 CONTRACT DRAWING NO. 13 OF 271
CITY OF INDUSTRY
IMPROVEMENT PROJECT NO. CITY-443
NELSON AVENUE AND SUNSET AVENUE
WIDENING IMPROVEMENTS
CONTRACT NO. CITY-1442
SHEET INDEX
SHEET NO. DESCRIPTION
TITLE SHEET
PROJECT SITE TYPICAL SECTION AND NOTES
DETAL, SHEET
DENCUTION PLAN
PLANI ANO PROFILE
LOCATION MAP TRAINIC SIGNAL PRAN
SICHBIG AND STRIPINO
LEGEND AND ABBREVIATIONS: SHEET INDEX
•PROJECT LIMITS OR PLANS PREPARED B
MILLDAN ENGINEERINC
AB RETURN
OP VERTICAL CURS SHEET NO. DESCRIPTION
TITLE SHEET
IRRIGATION MODINCATION PLA
IST OF STANDARDS
PPWC 2021 EDITION
N.T.S.
DRIVEWAY APPROACH
SPPVC STO. PLAN NO. 111-S CURB RAMP
WESTO PLAN NO. 1122 CUNT AND NICE WALK JOINTS
BROIC STD, PLATINO. 12023 CURD AND GUTTER
VIC STD. PLAN NO. 1218: CHOSE CUTTLE
MANHOLE ADJUSTMENT
SPAWC STD. PLAN NO. 300-34 CURD OPENING CATCH BASI
SPPVIC STD. PLAN NO. 381-2 ARANDONMENT SEALS
CON STD, PLAN NO. 112 SANE CUTT
CALTRANS STO. PRAN NO. ARCA-124F
CALTRANS STO. PLAN NO. RS: - RS2
NOTICE TO CONTRACTOR
CITY OF LA PUENTE CITY OF INDUSTRY
UPROVED BY:
TAI NELSON AVENUE AND SUNSET AVENUE
CITY OF INDUSTRY Propared by:
8 омл. AJMD WIDENING IMPROVEMENTS
CARATTO AN 1E TIM
P.O. Ber 3001. Car cf Indulg TITLE SHEET
1 M DAZ
whats belove
Call 8Tl before you 10/25|21 JOB NO. CITY-1442 SCALE: NONE SHEET 1 oF 9
CITY-1442 CONTRACT DRAWING NO. 14 OF 27
GENERAL NOTES CONSTRUCTION NOTES
GENERAL NOTED APPLY TO ALL PLANS POSAL SERVICES: PICKUPS
CONSTRUCT ISS TOCK CRUSHED ADOR GATE BASE CABI
THERE A TON OF
CITY OF LA PUENTE CITY OF INDUSTRY
O- EVALK PER CON STD PLAYNO
NO GUTTER PER SPPNG STD, PLAY NO. 1393
ANO COVER TO GRADE PER SPPNE
EFOR COCRONATING WTH ADJACENT AGENCIE
SIGNING AND STRIPING NOTES NELSON AVENUE
TYPICAL RECTOR
1-PROTECT EXISTING STRIPIG/LEGENO IN PLACE PHOT VEEO LEGEND 2 REMOVE STRIPING AND MARKING BY WET SANDELASTING/ GRINGIN 115° PCC
STAN A DEAL CENTERLINE PEN CALTINES 2013 STD
155 CRUSH DADO BASE ICAS
WHITE LANE UNE PER CALTRANS 3019 STC, PLAN INSTALL H-INCH ROOT BARIER PER SPPNC
SHED AGG BASE (CARY COMPACT
PAVEMENT SURFACE COURSE OF
STATE 4-INCH COUGLE YELLOW MEDIAN ISLAND PER CALTRA
IS STO PLAN NO ASCE DETAI
- INSTALL BUNCH SOUO WHITE CHANNELING LINE PER CALTRA
$ STO PLAN NO. ARCO, DETAR - CAPE TO PLAIN TALK OVER 0% COMPACTED -MAL ARE AMONG PER ALTANE 2P1 STO NECTION TO COSTING 48 AGN PER GPPNG STO PLAN
WE RESON AT CATCH BASS PER SAPNE
ON WOE SOLD LIMIT UNE PER CALTRANS 3015 STD
BO CALPORNA GAS COMPART (DISTRIBUTON
MOTHER CAL CAN EASON ICITY OF MOUSETRY RESENTER CAL TANG SON TO (29)-CONSTRUCT MANHOLE PER SPPNC STD, ND. 3212 12091380-2010
SOUTHERN ONLIPOPUM.CONDOM
- HEARCH POST GION AND CUTS STRID PER MCCAN NOSE DETAIL. (820) 456-430
LACOPW STORM DRAIN DESICH INSTALL BICH AND POST PER MAL істе самет сат отестой те @-
I RELOCATE ELUSTING SION ONTO A NEW POST AS SHONAL
LOUIS QURDON (020) 034-0331 -PANT CURB RECT, LENGTH AS NOTED - ADDITIONAL AGENCIES TO BE NOTIFIED
SERVICES/COMPANY CONTACT PERSON PHONE NUMBER
CONCRETE REMOVAL NOTES
RAREA SHALL BE CLEANED GARY AND KEPT CLEAN, ALL DUST, CIRT AND
OR SHALL DE REAPORESBLE FOR MAPLEMENT AND MANTAIND ACE METWAY SENT OREON
LA COUNTY PURE WORKS TAL DIVISIO PALA HOLDRE
A SANCUT SHALL BE MADE ONE AND ONE-HALF INCHES DEEP AT THE REMOVAL LEVEL 3 COMMNICATIONS ALICA NLALATAN
AND EXTENDED INTO THE NEW CONCRETE FORM:
MEWERZON BUENESS DEAN DOYERS (872) 720-6122
CAN GASPEL VALLEY WINTER CO. STORA CESEN T0201-734
(2) 50-2072
BEE KEYWAY NEAT ORTON
DUSTING REMPORCEMENT SHALL BE OUT TO THE REOUIED BAT EXTENSION EER. CONTRACTOR SULL PROVIDE
#CINCEN ANDIOR HE NEPRECENTATME CHALL DE NOTINEO A MIM KENNAY NEERT DETAL CONTACT JONTE WITH KEYWAY AND TE BAB
ORS SHALL NOTIFY ALSO SHERUPS DEMARTMENT, COUNTY FIRE DEPAITUENT AND CID
CITY OF LA PUENTE CITY OF INDUSTRY
AMOON
1/1/36rr r0/гc/31
THE NELSON AVENUE AND SUNSET AVENUE
CITY OF INDUSTRY Plans Prepared by:
811 AJMD WIDENING IMPROVEMENTS
MORATO SHE Le 100 NOTES AND TYPICAL SECTION
P.O. Dox 3000, Cly of neu
Call Bll before your → 10/25/21|108 NO. CMY: 1442 SCALE: NONE SHEET 2 OF 9 [CITY-1442 CONTRACT DRAWING NO. 15 OF 27
MOTORE CRRIEONTTER
20282 1X212.01 EL
200.02. 104.
O*
CIN OF LA POENI
CITY OF INDUSTR
CROSS GUTTER DATAL
CURR RAMP DETAL #I CURB RAMP DETAI 12 INTERSECTION OF NELSON AVE AND CLINTWOOD AVE
NORTH COFNER OF NELSON AVE AND SUNSET AVE EAST COFNER OF NELSON AVE AND SUNSET AVE OTE TO CONTRACTOR..
ELEVATION ALONG CLINTICOO AV
129222 1(81.101
32121040
WEST CORNER OF NELSO DAVE AND SUNSET AVE CURE RAMP DETAL M
SOUTH CORNER OF NELSON AVE AND SUNSET AVE
CONSTRUCTION NOTES SIGNING AND STRIPING NOTES
A -RELOCATE CARTO SIGN ONTO A NEW PORT AS SHOWN
-PROTECT IN PLACE
SCALE T• 10
CITY OF LA PUENTE CITY OF INDUSTRY
1/2/2g 10/24/3
ART A SO AVENUE SUNSET AVENUE
CITY OF INDUSTRY Flans Prepared by:
811 :: JMD WIDENING IMPROVEMENTS
DETAIL SHEET
214/25/21 JOB NO. CTY-142 SCALE: 1" - 10° SHEET 3 OF 9
TY-1442 CONTRACT DRAWING NO. 16 OF 27
CABANA AVE CLINTWOOD AVE UTILITY NOTES:
ATER VALVE
CITY OF LA PUENTE MATCH LINE - STA. 98+50.00 SEE BELOW LEFT
CITY OF INDUSTRY
NELSON AVENUE NOTE TO CONTRACTOR
-HOTHERS • ones
O-
LEGEND
O TOMORA SUNSET AVENUE MASTER VALVE O
PROTECT
RDVOVE
O00M
ALLOCATE
ADJUST TO GRADE
WATER VALSE. MITAMITAO
AND OR IN STING AC PAVEMENT/AD/SUBGRADE 27" bEEN
RENAME AND AS A PAVEMENTAR SUCCRADE NE
SEE ABOVE RIGHT TY OF LA PUEN
TY OF INDUSTR
TR VALVE ATER VAV
NE AVENUE
000 CITY OF LA PUENTE CITY OF INDUSTRY
10/24/21
STE CAMELSON AVENUE AND SUNSET AVENUE
Plans Prepared by:
811 CITY OF INDUSTRY HUMD WIDENING IMPROVEMENTS
DEMOLITION PLAN
ten belong
Call Stil bate you 10|25/21 JOB NO. CITY-1442 SCALE: 1* = 20° SHEET 4 OF 9 CLINTWOOD AVE. E EXISTING SURFACE PROPOSED NLY SUNSET AVE. € @ RW
L STA 19-1881:008 303 57) TC. (302 54) FL
EXISTING NLY
TOP OF LUKE
304
304
EXISTING NLY
EXISTING SURFACE BA 0938-90
Г@ ST. CENTERLINE PROPOSED FS
@ ST. CENTERLINE 3T4. 100-9.11.09 20383F8 03380)55
304
BAI% MATCH LINE - STA. 101+00.00 SEE SHEET NO. 6
-302-
PROPOSE SLY
TOP OF CURB EXISTING SURFACE
@RW
1 7788(
EXISTING SLY
TOP DE CURB
304
302- -302
EXISTING SLY
PROPOSED SLY
FLOWLINE
NOTHE
100-0
CONSTRUCTION NOTES SUNSET AVE.
CONSTRUCT IS A TEX CRUCHED AGORACATE RASE (CAM SEE SHEET NO. 6 MATCH LINE- STA - 10+50.00
KEE DETAL CH GHETT
MATCH LINE- STA - 101+00.00 SEE SHEET NO. 6
NELSON AVENUE 0014 57-508
®-
-OR'
CURVE TABLE
ONSTRUCT &-ICH THICK PCC SIDEWALK PER COI STD PLAN NO NO DELTA RADIS LENOTH TANCENTE NO | LENGTH TANGENT NO CUTTER PER CITY OF INCUSTRY STEA 97A 041387-108 2009 75 • PNG UTO, PLAN NO. 123-2 42,00 10
COMPARIS A FATE TO MATCH ONCE OVER O
65.00 CITY OF LA PUENTE CITY OF INDUSTRY
1200
Wither legat 14/13 10/2c/3/
TERIN CAVIO PERKESEME PUTY CITY ENONE
Prapared by: NELSON AVENUE AND SUNSET AVENUE
A ARAO CITY OF INDUSTRY
2021 ERITION OF THE GREENBOOK AND STANDARD PLANS .: JMD WIDENING IMPROVEMENTS 811
PLAN AND PROFILE
10/25/21 J0B NO. CTTY-1442 SCALE: 1" = 20 SHEET 5
Call 81l before you
ED MEASE NELSON AVE. E
308 308
18092 10 03 00s 9n
EXISTING N'LY 304
TOP OF CURB
304
302- _EXISTING NLY 302
FLOWLINE
PROPOSED FS EXISTING SURFACE
@ ST. CENTERLINE @ ST. CENTERLINE
AA 014311-09
304 2,219 292
MATCH LINE - STA. 101+00.00 SEE SHEET NO. 5 0+40
155-000
2919.00 20 1C 503.5)7L
EXISTING SLY BET ISLATERA
930 38 10, 32 50 °C 306 SIT 3CREPN
TOP OF CURB ЭT-1F ACRO
304
302-
EXISTING SLY
FLOWLINE
STA M0! NELSON AVENUE *-
06-01 37- ECR
SCALE CATCH BASIN - STA. 101140,10
CATCH BASIN - STA 98+92.30
STORM DRAN CONNECTION PLAN AND PROFLE STORM DRAIN CONNECTION PLAN AND PROFLE DETAIL "A' DETAIL "B"
ECCE
STA 30291 220200
SEE SHEET NO. 5 MATCH LINE-STA - 101+00.00 -00- DETAIL "A* DETAIL "B"
CATCH BASN AND LOCAL DEPRESSION CATCH BASIN AND LOCAL DEPRESSIO
HEREONA T I SUNSET
NELSON AVENUE
STA 10691.98. NCH ETA 1000420- (CH
CONSTRUCTION NOTES NO SENS CATCH BASE PER SPANG STD PLA 1) CONSTRUCT 18.5° THICK CRUSHED ACORECATE BASE (CADI LEGEND MATCH LINE-STA - 10+50.00 SEE SHEET NO. 5
SCOUTRIT HATHEY IONIED PLAN CONCRETE PAVEMENT CONSTRUCT QUMETER DUMETER HEINFORCRO CONCRETE PIPE 200001 CHESTRUCT 1G-ENCH CRUSHED AOG BASE ICAR) COMPACT (MEDIAN ISLAND MODIFICATION DETAIL ON
NICH THICK AC PAVEMENT SURFACE COURSE (P TO NOC PAVEMENT SUNSET AVE
CAPROACH PER SPNE CITY OF LA PUENTE CITY OF INDUSTRY
LK OVER 03% COMPACTIO APPROVED BY
10)1/bare Д/20/21
EAT NELSON AVENUE AND SUNSET AVENUE
Plans Propared by:
811 CITY OF INDUSTRY # JMD WIDENING IMPROVEMENTS
our.
PLAN AND PROFILE
PO, Ber 3301, Cly st he
SM CRAZ
10/25/21 J08 NO. CITY-1442 SCALE: 1° = 20 OF 9
Call 8T1 before yea
CITY-1442 CONTRACT DRAWING NO. 19 OF 27
SUNSET AVENUE
CLINTWOOD AVE 1201201AC
I AM SONG BAYSMENT, 30193 AC
X017Le
OCTAL CAN
288-1f8
parones
OR MLL
persis *
28/058
Tissuffe
MATCH LINE- STA - 101+00.00 SEE BELOW LEFT
0/W/8s
8H378 788343
18-3165 28373 2001h.
NELSON AVENUE
LEONAL
-PY COME PAVEMENT
3376ES
183256 Vasta 180287LE3 389A6s 19374E)
2818/ 237023
Rider
RAMES
2102Le. 022L2 13012
39240. 381778
Maara
DETAIL "A" DETAIL "B'
NELSON AVENUE
CITY OF LA PUENTE CITY OF INDUSTRY
APPROVED IT:
4/1/2405 SUN CIVEIGHEER 10/24/2/
NEISON AVENUE AND SUNSET AVENUE
CITY OF INDUSTRY .:JMD WIDENING IMPROVEMENTS
811
INTERSECTION GRID
2.M DAD
10/25/21 SCALE: 1° - 20 SHEET 7 OF 9
DRAWING NO. 20 OF 27
TRAFFIC SIGNAL GENERAL NOTES TRAFFIC SIGNAL CONSTRUCTION NOTES • SATACTOR LARS ORENSE NOT BE FURNISHED AND MISTALLED BY THE MATE MASKED (FACED) WIN THE CONTRCLER CABINET FOR 6xe[2 (0N20)
ORDINATE OVERNEAD LINE DE-ENERGIZING AND/
2 LOOPS AD
MAST ARU MOUNTING
FOR UM DIRECTO L
CHELSURE TO MA ROM CONTINE CAR TETERED LESTING), STARL MODEL 711 OPTICAL DETECTOR
PB LOCATION DETAI
PROPOSED PHASE DIAGRAM
«TURER TO MANE A DRESSANE PRESET OR NALAN IS TAL
RAVENUE (45 MPH)
0-°
ROPOSCO VIDEO OCTECTICH IONG
ADAR ZONE
DETECTION ZONES OH LINE:
NELSON
(35 MPH)
JON%
4240300; - LOOPE
8 LOOPS N-
Д04+o7 30(ieu) 1 LOP
20'
37-90 1 LOOPS) CITY OF LA PUENTER 1000.
CITY OF INDUSTRY 9
(AU) Rexe 03+007
Noxe (BOL) G520? -42 ON UNE
POLE SCHED SE
TRAFFIC SIGNAL GENERAL NOTES (CONT)
03030()15(e)250
CONDUCTOR SCH SY-2-TA SP-1-T
AWG SIZE CIRCUIT г°с. з/10 (шм) - 1046) 30 1349 150) 3012-45. Sv-1-t Sp-1-7 65 F-17 Hatson Aut
M0 212(5
POLE • 11 -DIST. 1T°C. 7814 ANG SV-2-TA SP-1-7 75
250
D0z03Or • 19-+-100(C*) 30 |30(C) 1546) 23CM 2-MAS 57-2-74 9P-1-1 Surset Her 24.5 1154C) 25cм SY-3-TA SP-1-7 17.5 3.5
© 29-3-100(6) 30* 50(67 15 4C9 230M Sv-2-TA SP-1-T dalson Are SUNSET (40 МРН) (15(c)) 2301 SV-2-TA SP-1-T
TOTAL CARLES 3 CONDUCT 12 CONDUCT, VAI
1520 PEDESTRUM PUSH BUTTON LOCATION PER PPD LOCATION DETAL
STRAIGHT SHAT LUMITURE HAST ARM
SIG. COMMCN
30 CENTED TO DE MONTAN EXISTING ELECTRICAL CIRCUITRY NOT VIDEO DETECTION CABLE
37. SEE DENOUITION PLAN FOR ADITCHAL WORK. 7814 AWO SIC 2 LOOPS
CONDUIT SIZE (NCH)
CONDUIT FILL% 82|120/17.128/120|154/235 2 ARE SCRAL
300 N → ALL CONDUIT AND CONDUCTORS SHALL BE NEW 50% CITY OF LA PUENTE 3010 SIGN "A" SIGN "B" EX R/N 50% CITY OF INDUSTRY POLE LOCATION DETAIL SONE 1 • 30
THE NECESSARY CONDUCTORS FOR THE INTENDED OPERATION
1200 N C 14500 E-0 CITY OF LA PUENTE CITY OF INDUSTRY
1- 300 N 114600 E
SIGN On 10/26/21
2 ABAD Plans Prepared by:
811 CITY OF INDUSTRY EJMD WIDENING IMPROVEMENTS
COMORATED ANG 1E, THET TRAFFIC SIGNAL PLAN
→ 10/25/21 J08 NO. CITY. 1412 SCALE: 1* = 20' SHEET 8 OF 9
SUNSET AVE
JOIN EX. STRIPENC ( cIs
ME T
EX RUE BISH
CABANA AVE. CLINTWOOD AVE t0||17
D-
TRACTION
-1]z/
21202
TYPE NRE TYPE NAT
NELSON KONELATRENO AVENUE
SIGNING AND STRIPING GENERAL NOTES SIGNING AND STRIPING NOTES LEGEND
PROTECT EXISTING STRIPING LEGEND W PLACE
PROPOSED RED CURD
- REMOVE TRIPING AND MARIONG BY WET SANDELASTINGI CRUMDRO O 2915 CALTRANG GANDARD PLANS AND SPECIFICATION LINCH VELLOW CENTERLINE PER CALTRANS 2015 STD
ALL NEW SIGNING SHALL CONFORM TO THE CALIFCRNIA
ALL LINCH WHITE LANE LINE PER CALTRANS 2013 STD. PRAN HAMARA NOTES:
ON UNFORM TRAFFIC CONTROL DEVICES (LATEST
4-ANCH DOUBLE YELLOW PER CALTRANS 2015 STD PLA REPLECTMITY YELLOW PANT AJOA DETAL 22 137
SHE POUT TEA LATENE IR HOLE AND ORCU
UNSTRUT OR APPROVED
OR TOP OF CURS AS AEPROPRIATE STALL PAVEMENT MARING WORDS PER CALTRANS 2015 STO
PLAN NO ASAD COLOR AND TVER PER DLAA
EXISTING RAISED PAVEMENT MAUDGERS DAMAOED DURINO COME A NETALL STEEL ARON PER ARE THE CONTRACTOR ATIO PETAN INCH WIDE BOLID LIMIT LNE PER CALTRANS 3915 STD
LOCATIONS OF PROPOSE BIONS ARE SHOWN TO SCALE ON MEDIAN NOSE
TH PLAN UNLESS OTHERMOR NOTED
ASTALL TWO-MAY BLUE REFLECTIVE MARKERS AT EVERY FIR
SO EACH AND CUTE STRING PER MEOW NODE DETAIL.
MISTALL SION AND POST PER PLAN
- RELOCATE BOSTING SIN ONTO A NEW POST AS CHOVAI
-PAST CURS "REDY, LENGTH AS NOTED
50% CITY OF LA PUENTE
50% CITY OF INDUSTRY
CITY OF LA PUENTE CITY OF INDUSTRY
EMENTN CALVILLO PE RCE: 10/20/
A ABAD Plans Prepared by:
811 CITY OF INDUSTRY
.:JMD WIDENING IMPROVEMENTS
SIGNING AND STRIPING PLAN
all Bil before you → 10/25/21 JOB NO. CITY-1442 SCALE: 1=40 SHEET O OF D CITY- 1442 CONTRACT DRAWING NO. 22 OF 271
CITY OF INDUSTRY
GENERAL NOTES
IMPROVEMENT PROJECT NO. 443
STREET LIGHTING PLANS
AT
NELSON AVENUE AND SUNSET AVENUE
7. SUNS AND SINCE SET WORK, THE CONTACTOR SHILL CAL
13. T
VICINITY MAP
NOT TO SCALE
(626) 455-1700
INDEX OF SHEETS
(720) 806-6482 SUNS AND GUTTEN
MUNICATONS SHEET NO. 68 g CATCH BASN
LICE OF TRAINE NICE TO OENTACTOR AND COND ASPHALT COMCRETE 97079-0372
(809) 335-7751 ARE HYDRAN OX OF ках
PORICATION WODFICATION PLAN WATER MALVE FINGH SURFACE
roP or FOOTING
(628) 448-6183 PLANTING MODINCATION PLAN NAPOLE XOTING GROUND
DRAW MANOLE
PORTLAND CEMENT CONCRETE
(820) 343-2051 SIGNAL
(800) 382-3729 A03 24, 2372
(626) 430-590
MAID SOMEON
(872) 835-3349 NOTICE TO CONTRACTOR стос
STANCE SINCE OF LOS ANGLES COUNTY (626) 891-7411
(851) 723-0736
(820) 438-0851
(824) 330-2126
(724) 416-2873
CITY OF INDUSTRY
CITY OF INDUSTRY SUNSET AVENUE AND NELSON AVENUI
STREET MPROVEMENT PLANE
TITLE SHEET
DAM Be KE JOB NO. SHT. 1 OF 4
[CITY- 1442 CONTRACT DRAWING NO, 23 OF 27
GENERAL NOTES CONSTRUCTION NOTES
DATE OR APPROVING LAYOUT PRES TWO VCARS AFTER THE LATEST SHARON GREEN NO TRE MUST HAVE ARE PR7-1OK OR АРЯ
TO INSTALL LED ERNTRACTOR
3 BOUNDARIES, Ci
APPROVED TONT POLES SHAL DE AMERON TIPE ICI SORES OR
ALL STREET LIGHT MONG SHALL BE
STE THE NO ONE DE PE SON 1 CONDUIT DETACO
23. PEE ME REST ME AN ALARM ME AND A ARE ALRI
STORS
ONG IS ACCIPTABLE FOR CONDUIT INSTALLATION AFT PISTALL 1* CONDUIT WITH 29P AND ALLENUM MIRE PER NEC REQUIREMENTS.
INSTALL METERING SERVICE PEDESTAL, MYDRS ELECTRICAL PROUCTS MODE C/SX304 ENCLOSURE,
RONOVE CASTING MATEUTE, ELECTROUER COMPLETE
HE SOURCE PONT TO DE
BAIC ERIAL POL RANG SOUL POL AVENUE TRAING SONAL POLE RATE SONAL POSS a ABANDONED, I APPLED TO CONDUIT, REMOVE CONDUCTORS
SUCE NEW TO DISTING CONDUCTORS.
O0o POL
B STALL CONDUIT INTO DISTING PULL BO
NELSON AVENUE
OP. CURE
PO-T
1A ANG AL
- 10 5C 10 SC
CHORETE POLE NETTE POE
GRAPHIC SCALE
CONCRETE POLE FAA% I IN FEET
TA ANO AL CONCRETE POLE
LEGEND
CONCRETE POLE SUNSET
SEE BELOW RIGHT
CONCRETE POLE
* 1A
• TA TA ANG
SONALIZED INTERSECTION WITH VOCO DETECTION
CNCRETE POLE. CONCRETE POLE PO-T
SUNSET AVENUE "194 ANG A OR APRONE ENDON FOR METER NO TEST SOONE
GRAP-IIC SCALE
INDUSTRY
50% CITY OF LA PUENTE
MATCH INA
SEE ABOVE LEFT CITY OF INDUSTRY
APPROVED BY
RACHT A CRIE AL RE 37745 WATY OTY DONE
WWÜDAN E SUNSET AVENUE AND NELSON AVENUE
STREET MPROVEMENT PLANS
STREET LIGHTING
SUNSET AVENUE AT NELSON AVENUE
8/24/2022
JOB NO. CHT. 2A OF 4
CITY-1442 CONTRACT DRAWING NO. 24 OF 27
COLT CROL
252 понос
PURE ONE
(M) CALY MOX HO WITS POR 1OD
BASE DETAIL
SECTION "A-A"
*A*
PLAN VIEW
IDS BICHECAL PACOLCTS MOOE
TYPICAL AMERON STANDARD DETAIL: 2S.. WIGHT PULLBOX INSTALLATION DETAILS TYPICAL SERVICE PEDESTAL DETAIL CALE: N.T.
PRANG AL HOT LEG 1 NO 2- • FRANG AL HOT LEG 1 AND 2
HAWO AL NEUTRALI
POITS
2/8 ANG AL (TYP) - 249 ANG AL (TYP)
SIREETUGHT (TYP) - - STRICTUAT (AP)
SLAI 24/5 2480 5L12
SURE NG DIAGRAM - NELSON AVENUE WREN DIAGRAM - SUNSET AVENUE
CITY OF INDUSTRY
APPROID SK
AN A CAMA A RE 37G EPUTY CIT GIMEN
SUNSET AVENUE AND NELSON AVENUE
STREET PROVEMENT PLANS
DeN A Balo 8-24-22 STREET LIGHTING
EE 11606 DATE
SUNSET AVENUE AT NELSON AVENUE
JOB NO. SHT. 28 OF
|CITY-1442 CONTRACT DRAWING NO. 25 OF 27
AVENUE
NELSON AVENUE
30E AND. PLANS
EX. VALVE
18/EX. VALVE
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3/20/2032 JOS NO. CITY-1442 SHT. 4 OF
CITY-1442 CONTRACT DRAWING NO. 27 OF 27]
CITY COUNCIL
ITEM NO. 5.10
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
Mathew Hudson, Engineering Manager; Sean Calvillo, Director of STAFF: Operations, CNC Engineering; James Cramsie, Director of Engineering, CNC Engineering
DATE: October 27, 2022
SUBJECT: Consideration Of Amendment No. 4 To The Professional Services Agreement With Stillwater Ecosystem, Watershed & Riverine Sciences For Environmental Consulting Services At Follows Camp, Extending The Term Through March 30, 2023
BACKGROUND
On September 23, 2020, the City Manager approved a Professional Services Agreement ("Agreement") with Stillwater Ecosystem, Watershed & Riverine Sciences ("Stillwater") to provide environmental consulting services for the Follows Camp bridge replacement project. The initial scope of services included meetings and discussions to address the environmental needs related to Follows Camp including fisheries science, permitting strategy, for the California Department of Fish and Wildlife ("CDFW"), grant funding strategy and an initial design-related concept development, and was within the City Manager's $10,000.00 signatory authority.
On December 10, 2020, the City Council approved Amendment No. 1 that included additional scope of services to further pursue the grant funding for the proposed bridge replacement through CDFW, and smaller grant fund opportunities. Amendment No. 1 included a companion budget increase of $61,114.00 for the additional work. The major grant application has been submitted to CDFW. On June 24, 2021, the City Council approved Amendment No. 2 that included extending the term through December 31, 2021, and additional scope of services for meetings and discussions to address the environmental needs related to Follows Camp including fisheries science, permitting strategy, for the California Department of Fish and Wildlife ("CDFW"), grant funding strategy and an initial design-related concept development, and cost estimation for the project, with a companion increase in compensation of $80,000.00.
On April 14, 2022, the City Council approved Amendment No. 3 that included additional scope of services that included one with the Wildlife Conservation Board ("W") and one with CDFW Fisheries Restoration Grant Program. Additionally, Stillwater also provided the City with new content for updating the City's website to include new graphics and pictures that highlight Follows Camp and provides educational information about the natural habitat there. Amendment No. 3 also included a revised rate schedule to reflect Stillwater's current rates, an increase in compensation of $50,000.00 for additional tasks and project management services, and updated the address for the City.
DISCUSSION
Stillwater has been providing the City with environmental services for the Follows Camp property and as the Agreement has expired, Staff recommends extending the term through March 30, 2023, for continued environmental services that includes providing new content for the City's website and preparation and submittal of the WCB grant application. Sufficient budget remains on the contract for the completion of this work.
FISCAL IMPACT
There is no additional fiscal impact associated with Amendment No. 4. Sufficient budget remains on the contract (Account No. 120-726-5130) (MP 11-09 #1).
RECOMMENDATION
There is no additional fiscal impact associated with Amendment No. 4. Sufficient budget remains on the contract (Account No. 120-726-5130) (MP 11-09 #1).
Attachments
A. Amendment No. 4 to the Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences, dated October 27, 2022
ATTACHMENT A
AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT WITH
STILLWATER ECOSYSTEM, WATERSHED & RIVERINE SCIENCES
This Amendment No. 4 to the Professional Services Agreement ("Agreement") is made and entered into this 27th day of October 2022, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and Stillwater Ecosystem, Watershed & Riverine Sciences, a California corporation ("Consultant"). The City and Consultant are
RECITALS
WHEREAS, on or about September 23, 2020, the Agreement was entered into and executed between the City and Consultant for environmental consulting services for Follows Camp; and
WHEREAS, on or about December 10, 2020, Amendment No. 1 to the Agreement was approved for additional work that included partnering and outreach educational elements, conceptual design graphics, and cost estimation for the project, with a companion increase in compensation of $63,114.00. Additionally, it was necessary to comply with best practices and include indemnity language specific to independent contractors; and WHEREAS, on or about June 24, 2021, Amendment No. 2 to the Agreement was approved for additional work that included meetings and discussions to address the environmental needs related to Follows Camp including fisheries science, permitting strategy, California Department of Fish and Wildlife ("CDFW") grant funding strategy, and an initial design-related concept development, and cost estimation for the project, extending the term through December 31, 2021, along with a companion increase in compensation of $80,000.00; and
WHEREAS, on or about April 14, 2022, Amendment No. 3 was approved extending the Agreement through September 30, 2022 to allow Consultant to continue providing environmental services, and update the Agreement to include providing City website content for Follows Camp, and preparation and submission of two additional grant opportunities. It was also necessary to revise the rate schedule to reflect Consultant's current rates, along with a companion increase in compensation of $50,000.00, and update the address for the City; and WHEREAS, the Agreement expired on September 30, 2022, it is necessary to extend the Agreement through March 30, 2023 to allow Consultant to continue providing environmental services; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 4, 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 October 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Stillwater Ecosystem, Watershed &
Riverine Sciences
By: By:
Joshua Nelson, City Manager Sapna Khandwala, CEO/Principal Attest:
By:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By:
James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 4
PROFESSIONAL SERVICES AGREEMENT WITH STILLWATER ECOSYSTEM, WATERSHED & RIVERINE SCIENCES, DATED SEPTEMBER 23, 2020
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective
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 September 24, 2021, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in , compensation, shall be incorporated by written amendment to this Agreement.
Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing environmental consulting 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 Ten Thousand Dollars ($10,000.00) 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.
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, so long as the Consultant is not held responsible. 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.
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 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 to the extent caused 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.
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 onsultant and/or independent contractor. The personnel performing the services under thi areement on behalf of Consultant shall at all times be under Consultants exclusive directio 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 Torth 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 Consuitant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this
Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (i) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager
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: Stillwater Ecosystem, Watershed and Riverine Sciences
555 W. 5"h Street, 35'h Floor
Los Angeles, CA 90013
Attention: Wendy Katagi, Senior Manager
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 Stillwater Ecosystem, Watershed and
Riverine Sciences
By: By: pm Khemean
Troy Helling, City Manager Sapna Khandwala, CEO/President Gutierrez-Robles, City Clerk
Approved as to form:
Mason Cano
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 for work at Follows Camp:
Corded, up to tere a guerings anding producing meating sures to c with the following topics/services:
1. Fisheries science
2. Permitting strategy (California Department of Fish and Wildlife)
3. Grant funding strategy
4. Initial design-related concept development
EXHIBIT B
RATE SCHEDULE
Classification Hourly Rate
Scientist Administrator 1 $65
Scientist Administrator 2 $76
Scientist Administrator 3 $84
Scientist Engineer 4 $93
Scientist Engineer 5 $99
Scientist Engineer 6 $107
Scientist Engineer 7 $113
Scientist Engineer 8 $117
Scientist Engineer 9 $126
Scientist Engineer 10 $133
Scientist Engineer 11 $144
Scientist Engineer 12 $151
Scientist Engineer 13 $161
Scientist Engineer 14 $170
Scientist Engineer 15 $182
Scientist Engineer 16 $196
Scientist Engineer 17 $219
Scientist Engineer 18 $230
Scientist Engineer 19 $245
Scientist Engineer 20 $260
Rates listed above are for calendar year 2020. Hourly rates will be adjusted on January 1st of each year.
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. 5.11
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
Mathew Hudson, Engineering Manager; Sean Nazarie, Sr. Project STAFF:
Manager, CNC Engineering
DATE: October 27, 2022
SUBJECT: Consideration of a Professional Services Agreement with Sage Environmental, Inc., to provide CEQA Environmental Studies and Regulatory Permitting Services for the East-West Bicycle Path Project in an amount not-to-exceed $80,000.00 through December 31, 2024 (CIP-STR-19-063)
BACKGROUND
The East-West Bikeway project is in the Capital Improvement Program (CIP-STR-19-063-B) which is planned to extend the entire length of the City and connect to other existing or proposed regional bike way projects. The approximate limits of the proposed Class I bikeway are from Grand Avenue on the east to 7th Avenue on the west, a distance of about 10 miles. Two primary alignments are being studied, one along the San Jose Creek using the existing maintenance road and the other within the existing Union Pacific Railroad Right-of-Way adjacent to Valley Boulevard.
The County of Los Angeles certified the Bicycle Master Plan Programmatic Environmental Impact Report ("PEIR") in 2012 (State Clearinghouse No. 2011041004) of which this project is a part. The PEIR provided a program?level analysis of the potential for impacts of the Master Plan, with the understanding that project level, site?specific analysis of impacts would occur once actual project footprints were available. The PEIR Mitigation and Monitoring Program ("MMRP") provides required mitigation measures organized by impact area.
After review of the MMRP and preliminary design of the bike path by Sage Environmental Group, LLC, ("Sage") the project?level California Environmental Quality Act ("CEQA") compliance would consist of the preparation and processing of a Class | Categorical Exemption 15301 with supporting Initial Study and technical studies.
DISCUSSION
Staff requested and received a proposal from Sage to provide all required services to prepare the CEQA Notice of Exemption and secure regulatory permits, including technical assistance for preparation of railway easement encroachment permit for a total fee of $80,000. The tasks include conducting an initial study analysis involving air quality, noise and greenhouse gases, analysis of biological resources, hydrology and water quality, cultural resources and hazardous materials, and transportation and traffic. Additionally, preparation of CEQA documents and regulatory permits will be conducted.
FISCAL IMPACT
The fiscal impact is $80,000.00. In the adopted FY 2022-2023 Capital Improvement Project budget, $200,000.00 is approved for this work (Account No. 120-702-5130) and no additional appropriation is required (CIP-STR-19-063).
RECOMMENDATION
Approve the Professional Services Agreement with Sage Environmental.
Attachments
A. Professional Services Agreement with Sage Environmental, Inc., dated October 27, 2022
ATTACHMENT A
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective Tain company Conting mean any corin a real anties
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.
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.
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 studies and regulatory permitting services, serving a municipal agency.
Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political
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.
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. 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 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 attorey's fees, expert fees, and costs of litigation.
8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.
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 Sectio (c) shall survive the termination of this Agreement, and are in addition to any other right 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: Sage Environmental Group
24040 Camino Del Avion, Suite A77
Monarch Beach, CA 92629
Attention: Alissa Cope, 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 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 con sarat an that the has the bind do is lan te the permance of is obligations or the esie DaTE OF, the Parties hereto have caused this Agreement to be executed as "CITY" "CONSULTANT"
City of Industry Sage Environmental Group
By: By: _
Joshua Nelson, City Manager Alissa Cope, Principal
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