Industry City Council
November 10, 2022

(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, transferring, copying

and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

8. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the tullest extent permitted by law, Consultant shall indemnity, 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 wrongtul act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorey'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 272222 determination to any reimbursement of defense costs including but not limited to attomey's fees, expert fees and costs of litigation.

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

10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing 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 prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, retur 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 Attorney
Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746

(
To Consultant: C. Shem Hawes, Principal
Civiltec Engineering, Inc.
118 W. Lime Avenue
Monrovia, CA 91016

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 Califomia shall gover 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. It any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

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

and upon each party's own independent investigation of any and all facts such party deems material.

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

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 Civiltec Engineering, Inc.
an/ Philo By.

By:
aul J. Philips, City manage C. Shem Hawes, Principal
Attest:

By Dianem. Echlichine
Diane M. Schlichting, Chief Deputy City Clerk
Approved as to form:

Fand lasso
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
The Consultant shall provide the following scope of services:

Consultant shall prepare plans, specifications and estimate for four grade pump separations, as set forth below.

The pump stations are located at:

1. Peck Road

2. Hacienda Boulevard

3. Azusa Avenue

4. Grand Crossing Parkway
Phase 1 - Project Initiation
Meeting and Project Management
Consultant shall arrange and conduct a kick-off meeting with the City and the project team to formalize design requirements, discuss schedules, plan site visits and obtain any data (i.e. CAD files, plans or documents) that the City may have in its possession relative to the project. Meeting minutes and action items will be provided within 7 days of the meeting.

Utility Research and Data Collection
Consultant shall perform a complete utility investigation and data research of each pump station site.

The objective is to obtain all record information available for each site including record drawings of site improvements, substructure drawings, boundary information, engineering reports, record drawings, assessor's parcel maps, etc. Upon review of the information provided, Civiltec will submit a Request for Information (RFI) detailing any additional information needed from the City. The City will provide copies of existing plans (record drawings) that are available and applicable to this project.

Deliverables
• Meeting Minutes
: Project Schedule
City Tasks
Review RFI and provide additional available information Phase 2 - Prepare Report
Consultant shall prepare a study for each of the pump station sites. This will include site visits to each of the stations to document identified deficiencies. The report will detail these deficiencies and provide solutions with cost estimates to address the conces for each pump station.

Consultant shall set up a meeting with operation and maintenance personnel to discuss their concerns at each site and potential solutions.

The report will be prepared as a draft at final level and contain a summary section, conclusions and recommendations along with all the backup support data. We will meet with the City to discuss the report and project issues.

Deliverables
Draft Design Report
: Final Design Report
•
City Tasks
Escort Consultant on a site visit to each of the project sites • Coordinate with operations and maintenance personnel to attend a meeting Review and provide comments on Draft report
Phase 3 - Conceptual Plan
Topographic Survey and Base Map
Perform a detailed topographic survey of the site including the aboveground piping, both interior and exterior of the building to locate all existing improvements, establish horizontal and vertical control for construction and supplement record data. Consultant will perform a detailed topographic survey of the site to thoroughly document the existing improvements. Valve lids, manholes, utility paint markings, aboveground piping, building limits, etc., will be documented and incorporated into the base drawings to accurately represent existing field conditions. We will perform a field walk of the project area to verify the information obtained from the record information and field survey.

Consultant shall combine the topographic information obtained from the field survey and field investigation, public right-of-way maps, utility information obtained from research, and prepare a base map of the project areas. The base map will include, as a minimum, adjacent street centerline, storm drain, flood control, sewer, and any related utilities.

Conceptual Plan
Consultant shall prepare conceptual design drawings based on the design report. The conceptual design drawings will include identification of mechanical equipment, electrical equipment, underground piping on the site, and site improvements necessary Consultant shall prepare a preliminary cost estimate.

Deliverables
• Conceptual Plans
• Cost estimate
City Tasks
• Review and provide comments on the conceptual plan
Phase 4 - Final Design
Consultant shall prepare plans and specifications for civil, electrical, mechanical, instrumentation, and all other aspects of the project based on the comments from the conceptual plan. The drawings will be created in AutoAD 2017 for Windows in CivilD on 24-inch by 36-inch size sheets. The project design drawings will include demolition, construction drawings and identification of mechanical equipment, electrical equipment and underground piping on the site. Consultant shall ensure that al SCADA (supervisory control and data acquisition) input and output signals for the pump statior operations are included in the communications and that necessary power distribution system components are identified.

Consultant shall provide three submittals for approval of the plans and specifications. The following list identifies the key submittals, meetings and design information proposed for the design. 60% Design, Submittal and Review
Submit complete design drawings, plans and specification table of contents. The 60% design drawings will include topography map, location and sizes of all found utilities, demolition plan and details, layout of the pumps, piping, and electrical equipment. The 60% submittal will include title sheet, plan sheets, electrical drawings and detail sheets. 90% Design, Submittal and Review
Consultant shall prepare detailed design plans for construction based on comments from the 60% design. Consultant's 90% design submittal will include the pump station plan, section, pump layout, piping layout and profiles, details, notes, dimensions, standard drawing references, connection details and other pertinent information. Technical specifications, detailed engineer's construction cost estimate and bid schedule will be completed.

Consultant shall provide two (2) full-size sets and one (1) half-size set of the 90% design plans including two (2) sets of technical specifications and cost estimate. A CD will be provided with one (1) set of plans in PDF format, one (1) set of specifications prepared in Microsoft Word in PDF format and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.

Final Design Submittal
Consultant shall incorporate comments from the 90% design review corrections from the City. The final submittal will include original Mylar plans and original contract specifications signed by a California Professional Licensed Civil Engineer. A PDF set of plans will be submitted to the County for approval prior to final printing. Consultant shall review the City's provided special provisions and update as necessary. The front end special provisions will be provided by the City to be included in the bid documents.

Consultant shall provide to the City three (3) full-size sets of conformed contract document and one (1) half-size set of the final design plans including three (3) sets of technical specifications and cost estimate. A CD will be provided with one (1) set of plans in PDF format, one (1) set of specifications prepared in Microsoft Word in PDF format and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.

Specifications
Consultant shall prepare detailed technical specifications and special provisions to support the drawings and complete the elements of the project. The City's technical specifications and standard drawings will be implemented where applicable. Consultant shall also incorporate the latest City front- end contract documents and general provisions and develop necessary project specific special provisions.

Deliverables
• 60%, 90%, 100%, and Final Plans, Specifications and Estimate (PS&E) City Tasks
• Provide front end special provisions to be included in the bid documents • Review and provide comments on PS&E submittals
Phase 5 -Construction Support

Bidding Phase
Consultant shall assist the City with the bidding and award of the contract for construction. Services will include the bid interpretation and addenda. Consultant shall respond to questions from the bidders, interpret contract documents and issue addenda as needed to modify or clarity the contract documents, review and evaluate bids, verify contractor references, and assist the City in recommending award of the contract.

Submittal Review/Requests for Information (RFls)/Change Orders Consultant shall provide construction support services including review shop drawings, manufacturer's submittals (up to 20 submittals) and RFis (up to 10 RFls) as well as meet with the City to discuss any change orders (8 change orders) and/or construction issues.

Phase 6 -Prepare As-Builts
Consultant shall review the contractor's set of field record drawings and ensure timely update of as- uilts. All revisions noted will be compiled into a final set of as constructed plans. Consultant sha eview, organize and compile all final records and documentation and provide the City with the fina bound record package as updated record drawings.

Deliverables
• As-built Plans
Phase 7 -Transfer of Ownership
Consultant shall provide support to the City to transfer ownership of the pump stations to Los Angeles

EXHIBIT B

RATE SCHEDULE
Senior Principal Engineer ..$240.00
Principal Engineer $220.00
rincipal Engineer - Expert Witness Testimon $350.00
Senior Engineer. $210.00
Senior Project Manager. $192.00
Project Manager .$188.00
$175.00
$170.00
...$163.00
Staff Engineer.. $147.00
Designer. $128.00
Designer/Drafter .$120.00
Planning Technician. ...$105.00
Resident Engineer/Observer $105.00
CAD Technician.. $100.00
Junior Engineer .$80.00
Administrative Assistant/Clerical ...$80.00
Two Man Survey Party $240.00
Survey Manager.... .$155.00
Staff Land Surveyor $125.00

EXHIBIT C

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

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 Agency, 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 Califomia, 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 Agency 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 teature 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 ent for wide a fen viday tice regulay rio or a liver see r 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. 5.8
OF

CITY OF INDUSTRY

ANGELES CO

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager On
STAFF: Mathew Hudson, Engineering Manager
Chris Lum, Construction Manager, CNC Engineering
DATE: November 10, 2022
SUBJECT: Consideration of Closeout Change Order No. 1, and Notice of Completion for Contract No. CITY-1471, Chino Ranch Dam No. 1 Riprap Pilot Project, at Arnold Reservoir
Background:

On February 15, 2022, the City Manager Approved Contract No. CITY-1471 Chino Ranch Dam No. 1 Riprap Pilot Project, at Arnold Reservoir, in an amount of $59,932.50. The project consisted of installing 150 tons of riprap along the upstream face of the dam to repair as well as provide long term erosion protection.

Discussion:

As of October 3, 2022, the Engineering Manager has reviewed the change order for completeness and accuracy as to the materials and labor included:
• Change Order No. 1 - Final quantities have been completed and overruns are as follows:

Overruns -
Bid Item No. 2 - Furnish and install ¼ ton riprap, $199.55/TON × 21.22/TON = $4,234.45.

The Total Amount of Overruns and costs for Closeout Change Order No. 1 = $4,234.45.

As of October 10, 2022, Staff has determined that all work has been completed.

Table 1 - Summary of Extra Costs
Contract Amount $59,932.50
Closeout Change Order No. 1 $4,234.45
Revised Project Cost $64,166.95
Fiscal Impact:

The revised contract amount including Closeout Change Order No. 1 totals $64,166.95.

Change orders to date total $4,234.45, which represents 14.15% of the contract amount.

In the adopted FY 2022-2023 Capital Improvement Project budget, $250,000.00 was approved for this work and no appropriations are required (Account No. 120-715-5205).

Recommendation:
1) Approve and execute Closeout Change Order No. 1 in the amount of $4,234.45 Accept the work performed by O'Duffy Bros inc. in the amount of $64, 166.95 Authorize the Mayor or her designee to execute the Notice of Completion attached here as Exhibit C; and
4) Authorize the City Clerk to file a Notice of Completion for this project.

Exhibit:

A. Closeout Change Order No. 1 dated November 10, 2022
B. Notice of Completion dated November 10, 2022
JN/MH/CL:as

EXHIBIT A
Closeout Change Order No. 1 dated November 10, 2022
[Attached]

CITY OF INDUSTRY CHANGE ORDER
15651 Mayor Dave Way
City of Industry, CA 91744
(626)333-2211 Change Order No. 1
Chino Ranch Dam No. 1 Riprap Pilot CITY-1471/
Project Project at Arnold Reservoir Contract No. MP 02-31#8 Date 11/10/2022 Type
Project Riprap Contractor O'Duffy Bros. Inc.

Location Chino Ranch Dam No. 1, Arnold Reservoir
Explanation:

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

ITEM UNIT TOTALS (S)
NO. ITEM QUANTITY PRICE +
1 Overruns 1 $ 4,234.45 4,234.45
TOTAL COST$ 4,234.45

T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Malerial Cost Sub-Total
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 59,932.52 Total T & M $
Total Previous Change Orders 0.00%
Pay This
Total Change Orders $ 4,234.45 7.07% CHANGE ORDER $4,234.45 7.07% Authorized by Additional Contract Days
I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.

The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work. шак Duly Was companaton on 0- 26-22
Contractor Representative Date Joshtra Nelson, City Manager Date 1027.22
Mathew Hudson, Engineering Manager Dale Chris Lum, Construction Manager Date CITY-1471 - Change Order No. 1 - C. Lum
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 321989 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 12:05:28PM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
P.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: JONATHAN COUTTS Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 8000 FLO TRANSPORT LIC Truck: 9F269
Qty. 20.21 Ton
ib 33.96 Mg Scale 1 License: 9F27721
GROSS: 74,880
TARE: 34,460 lb 15.63 Mg Scale On
Driver: off
NET: 40,420 18.33 Mg
* P. T. Loads: 7 Accurn. Amount: 150.58 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE. 1% PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER 30 DAYS FROM INVOICE DATE. IT IS AGREED BETWEEN BUYER AND SELLER THAT SALE OF ALI NON-RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321990 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 12:06:18PM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
P.O.H:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: JONATHAN COUTTS Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 5855 ARREOLA TRUCKING LLC Truck: 35888
Qty. 20.64 Ton
ib 35.86 Mg Scale 1 License: 9F77146
GROSS: 79,060
TARE: 37,780 ib * 17.14 Mg Scale Driver: On
NET: 41,280 lb 18.72 Mg off
* P. T. Loads: 8 Accum. Amount: 171.22 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE. 1% PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER AFTER DAYS FROM INVOICE DATE. IT IS AGREED BETWEEN BUYER AND SELLER THAT SALE OF ALL NON-RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES INSIDE THE CURB LINE AND ON THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES. NET TERMS: DUE BY THE 10TH OF THE FOLLOWING MONTH. IN CASE IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY FST SAND AND GRAVEL INC.

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321979 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 10:22:24AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
P.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 8000 FLO TRANSPORT LLC Truck: 9F269
Qty. 22.35 Ton
License: 9F27721
GROSS: 79,160 lb 35.91 Mg Scale 1
TARE: 34,460 lb * 15.63 Mg Scale 0 On
NET: 44,700 1b 20.28 Mg Driver: off
* P. T. Loads: 5 Accum. Amount: 109.74 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE. 1% PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER 30 DAYS FROM INVOICE DATE. ITIS AGREED BETWEEN BUYER AND SELLER THAT SALE OF ALL NON- RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES NSIDE THE CURB LINE AND ON THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIEILIT WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES, NET TERMS: DUE BY THE 10TH OF THE FOLLOWIN MONTH. IN CASE IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY FST SAND AND GRAVEL INI

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321980 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 10:24:27AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
P.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 5855 ARREOLA TRUCKING LLC Truck: 35888
Qty. 20.63 Ton

35.85 Mg Scale License: 9F77146
GROSS: 79,040
TARE: 37,780 Ib * 17.14 Mg Scale On 1x
Driver:

NET: 41,260 18.72 Mg off
*P. T. Loads: 6 Accum. Amount: 130.37 Ton

TERMS AND CONDITIONS
INSIDE THE CURB LINE AND ON THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES, NET TERMS: DUE BY THE 10TH OF THE FOLLOWING MONTH. IN CASE IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY EST SAND AND GRAVEL INC.

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket#
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321971 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 8:23:42AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
/P.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant (Carrier: 8000 FLO TRANSPORT LLC Truck: 9F269
Qty. 22.40 Ton
License: 9F27721
GROSS: 79,260 35.95 Mg Scale 1
TARE: 34,460 lb * 15.63 Mg Scale On
Driver: off
NET: 44,800 lb 20.32 Mg
* P. T. Loads: 3 Accum. Amount: 66.28 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE, 1 % PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER 3O DAYS FROM INVOICE DATE. ITIS AGREED BETWEEN BUYER AND SELLER THAT SALE OF AL NON-RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES ASIDE THE CURB LINE AND ON THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES. NET TERMS: DUE BY THE 10TH OF THE FOLLOWIN IONTH. IN CASE IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY FST SAND AND GRAVELIN

DRIVER SIGNATURE RECEIVED BY
• FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321973 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 8:27:16AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
P.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 5855 ARREOLA TRUCKING LLC Qty. Truck: 35888

21.11 Ton
License: 9F77146
GROSS: 80,000 Ib 36.29 Mg Scale 0
TARE: 37,780 Ib 17.14 Mg Scale O
NET: 42,220 Ib m 19.15 Mg Driver: off
m Manual Weight, * P.T. Loads: 4 Accum. Amount: 87.39 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE. 1% PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER 30 DAYS FROM INVOICE DATE. IT IS AGREED BETWEEN BUYER AND SELLER THAT SALE OFALL NON-RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES INSIDE THE CURB LINE AND ON THELOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES, NET TERMS: DUE BY THE 10TH OF THE FOLLOWING MONTH. IN CASÉ IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY FST SAND AND GRAVEL INC.

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321949 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 5:18:17AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
IP.O. #:

WEIGHMASTER CERTIFICIATE
Weighmaster Name: Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant carrier: 5855 ARREOLA TRUCKING LLC Truck: 35888
Qty. 21.11 Ton
Scale 1 License: 9F77146
GROSS: 80,000 36.29 Mg
TARE: 37,780 b * 17.14 Mg Scale O On

19.15 Mg Driver: off
NET: 42,220 Ib
* P. T. Loads: 1 Accum. Amount: 21.11 Ton

TERMS AND CONDITIONS
ISIDE THE CURB UNE AND ON, THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES. NET TERMS: DUE BY THE 10TH OF THE FOLLOWIN ONTH._ IN CASE IT IS FOUÑO NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY EST SAND ANO GRAVEL IN

DRIVER SIGNATURE RECEIVED BY
FST Sand & Gravel Inc
Ticket #
1719 Sherborn, Corona, CA 92879 (951) 277-8440 Fax (951) 277-8904 A 321954 Sold To: 15025 O'DUFFY CONSTRUCTION Date / Time: 9/26/2022 5:43:00AM Destination: ARNOLD RESERVOIR Job:

GRAND AVE./TONNER CYN. RD. #25 - DIAMOND BAR

DIAMOND BAR CA
Order: 0235050000
PP.O. #

WEIGHMASTER CERTIFICIATE
Weighmaster Name: Miguel Chavarria Material: 1/4 TON RR 1/4 TON RIP RAP Weighed At: 1719 Sherborn, Corona, CA 92879 North/Wash Plant Carrier: 8000 FLO TRANSPORT LLC Truck: 9F269
Qty. 22.77 Ton
License: 9F27721
GROSS: 80,000 lIb 36.29 Mg Scale 0
TARE: 34,460 lIb 15,63 Mg Scale 0 On

20.66 Mg Driver: off
NET: 45,540 m
m Manual Weight, * P.T. Loads: 2 Accum. Amount: 43.88 Ton

TERMS AND CONDITIONS
ALL DELIVERIES SUBJECT TO OUR GENERAL CONDITIONS OF SALE. 1% PERCENT INTEREST PER MONTH ON ALL ACCOUNTS AFTER 30 DAYS FROM INVOICE DATE. IT IS AGREED BETWEEN BUYER AND SELLER THAT SALE OF ALI NON-RETURNABLE AGGREGATE MATERIALS WHICH HAVE BEEN MANUFACTURED TO PURCHASER'S ORDER IS CONSUMMATED AND TITLE PASSES TO PURCHASER AT TIME OF LOADING AT PLANT SITE. WE MAKE DELIVERIES INSIDE THE CURB LINE AND ON THE LOT AT CUSTOMER RISK ONLY AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR DAMAGES RESULTING FROM SUCH DELIVERIES. NET TERMS: DUE BY THE 10TH OF THE FOLLOWING MONTH. IN CASE IT IS FOUND NECESSARY TO TAKE LEGAL ACTION DEBTOR AGREES TO PAY ALL REASONABLE COURT COSTS AND LEGAL FEES INCURRED BY FST SAND AND GRAVEL INC.

DRIVER SIGNATURE RECEIVED BY

EXHIBIT B
Notice of Completion dated November 10, 2022
[Attached]

CITY OF INDUSTRY GENES
Civic-Recreational-Industrial Authority
Industry Public Utilities Commission
Stressay or Davy to yelly fly usty, A 12pment Agency
Notification of Construction Completion
Chino Ranch Dam No. 1
Project: Riprap Pilot Project at Arnold Reservoir Date: November 10, 2022 Contract Contract No.: CITY-1471
Contractor: O'Duffy Bros. Inc
As a result of an inspection conducted on 10/10/2022 the contractor's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:

Acceplance of completed construction work shall not relieve the contractor from other requirements of the contract documents.

Accepted by V.P. 10-26-22
Contractor NIcK DuffY тек. hily
Printed Name Signature Title Date
Recommended by
Project Engineer ames Crams Project Engineer 10/27/2022 inted Nan Title
Recommended by
Project Inspector Project Inspector 10/27/2022
Recommended by
Project Manager Chris Lum Construction Manager 10.27.22 Printed Name Signature Tille Date
Recommend y Mathew Hudson
Engineering Manager
Printed Name Signature Title Date
Approved by
Public Agency Joshua Nelson City Manager
Printed Name Signature Title Date

CITY COUNCIL
ITEM NO. 5.9
Back-up Material will be provided prior to Meeting

CITY COUNCIL MEETING
NOVEMBER 10, 2022
ITEM NO. 5.9

HAND-OUT ITEM

TAL OF INDUSTA

ANGELES BON CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:

Joshua Nelson, City Manager On
STAFF: Mathew Hudson, Engineering Manager
James Cramsie, Director of Engineering, CNC Engineering DATE: November 10, 2022
SUBJECT: Consideration of Bid Protest, and Award of Contract No. CITY-1494, 15710- 15718 Rausch Road Building and Site Improvements, to R Dependable Const Inc, in an amount not-to-exceed $1,763,780.00, and adopt Notice of Exemption regarding same
Background:

On July 14, 2022, the City Council authorized solicitation of public bids for the 15710- 15718 Rausch Road Building and Site Improvements project, with an estimated cost of $1,507,400.00. This project was bid for the interior improvements of approximately 3,700 square feet of space for the City's tenant, Priceless Pets, including new flooring, ceiling and lighting throughout. Additionally, the renovations include new dog kennels, cat condos, surgery and exams rooms, and laundry room. The exterior building improvements entail new windows, entry tower features, metal awnings, a new roof and parapet wall, and replacement of four HVAC units. Adjacent to the easterly side of the building, a landscaped area for a dog run will be constructed. The site improvements involve repaving the parking lot, constructing new ADA curb ramps, sidewalk and driveways. Additionally, during the bidding period, several scope items were added to the project and include asbestos and lead abatement, specific flooring requirements and additional furniture and equipment furnishing and installation.

On August 22, 2022, the bid was posted in the City's PlanetBids ™ vendor portal and an email notification was sent to 808 vendors. The bid was viewed by 87 prospective bidders.

The appropriate trade journals were notified on August 22, 2022. The bid was advertised on August 26, 2022 and September 2, 2022 in the San Gabriel Valley Tribune. Questions pertaining to the bid were received up until September 19, 2022 at 5:00 p.m. and again up until October 13 at 5:00 p.m. in the City's Planetbids ™ vendor portal. Two mandatory pre-bid job walks were held on August 30, 2022 at 10:00 a.m. and September 7, 2022 at 10:00 a.m.

Discussion:

The bid process closed on October 20, 2022. Eight (8) bids were received. The review of bids found that R Dependable Const Inc., has submitted the lowest responsive bid and has the relevant experience, qualifications, and licensing necessary to complete this project.

Bid protests were submitted by SS+K Construction, Inc. on October 21, 2022 and by Gilman Builder, Inc. on October 22, 2022. Both protests claim that R Dependable Const did not list the necessary subcontractors required to do specific portions of work as noted in the bid schedule. The first claim is that R Dependable Const does not have the qualifications to self-perform portions of the work that were designated as 'Specialty Items' on the bid schedule. The two (2) 'Specialty Items' noted in the protest were Electrical and Plumbing. The Notice Inviting Bids only required the bidder to possess a Class B General Building Contractor Licenses. This license allows the prime contractor to self-perform work for at least two (2) unrelated building trades or crafts, other than framing and carpentry. They will self-perform any work that their license allows them to and should any unforeseen items of work come up during construction that they aren't allowed to perform, Staff will address a change to the contract at that time, if needed.

Additionally, the protests claimed that R Dependable did not list the required C-22 Asbestos Abatement Contractor license as a subcontractor in the City's Planetbids ™ vendor portal. R Dependable did submit, with their bid documents, a subcontractor identification form, identifying the necessary subcontractor, holding the required license, who will be performing the work. R Dependable confirmed that it was simply a clerical error and the submitted form proves they have the required licensed subcontractor.

Finally, it was discovered that R Dependable submitted the revised Bid Schedule page from Addendum No. 3, rather than the one from Addendum No. 4. The bid submitted by R Dependable on Planetbids ™ reflects the Bid Schedule from Addendum No. 4. Review of the Planetbids ™ confirmed that R Dependable did acknowledged receipt of Addendum No. 4 and that it was simply another clerical error in uploading the wrong Bid Schedule page.

City Staff has determined that this project is subject to review under the California Environmental Quality Act ("CEQA"), however, it falls within the Categorical Exemption, Section 15301 Class 1, minor alteration of existing public facilities. As set forth above, the project involves the upgrades to the interior of the building and minor exterior modifications to the existing building and adjacent side lot Additionally, site improvements include repaving the parking lot, ADA curb ramps, sidewalk and driveways. Based on the foregoing, Staff is recommending that the City Council adopt a Notice of Exemption for the project.

Below is a table of all bidders and their prices, showing that R Dependable Const Inc. is the lowest bidder.

Bidder Bid Price
R Dependable Const Inc $1,763,780.00
SS+K Construction, Inc. $1,830,712.00
Monet Construction, Inc. $1,939,389.62
Gilman Builders, Inc. $1,961,000.00
Pub Construction, Inc. $1,987,560.00
Kazoni, Inc. $2,207,365.50
MLC Constructors, Inc. $2,229,447.00
JR Universal Construction Inc. $2,312,830.62
Fiscal Impact:

The fiscal impact for this project is $1,763,780.00. In the adopted Fiscal Year 2022/2023 Capital Improvement Project budget, $1,800,000.00 is approved for this project (Account No. 120-726-5205) (MP 20-17 #2).

Recommendations:
1) Staff recommends that the City Council reject the bid protests and consider the results of the 15710-15718 Rausch Road Building and Site Improvements project bid and award the bid to R Dependable Const Inc; and
2) Authorize the City Manager to approve change orders up to ten percent of the contract amount; and
3) Waive the clerical errors on listing of subcontractor and uploading of incorrect Bid Schedule page; and
4) Adopt the Notice to Exemption for this project
Exhibits:

A. Bid Results
B. Bid Schedule Packet (Page A-12 and Pages C-4 through C-15) C. Contractor's State of California and Department of Industrial relations License Detail D. Notice of Exemption
JN/MH/JC:as

EXHIBIT A
Bid Results
[Attached]
Ity or inousir
id Results for Project 15710-15718 Rausch Road Building and Site Improvements (CITY:2494 Issued on QB/22/2022
Bid Due on October 20, 2022 10:00 AM (PDT)
Exported on 10/20/2022
Line Totals (Unit Price " Quantity)
R DEPENDABLE CONST INC - R DEPENDABLE CONST INC.- SeK Construction Inc. - Unit SS+K Construction Inc. - Une Monet Construction, Inc- Monet Construction, Inc - item
Unit of Measure Quantity Unit Price Line Total Total Unit Price Line Total $80,000.00 $80,000.00 $33,615.00 $33,615.00 $177,650.00 $177,650.00 2 SCHEDULE A - BUlL Demalition 15 $60,000.00 $60,000.00 $30,515.00 $30,515.00 $89,952.50 $89,952.50 3 SCHEDULE A - BUIL Concrete (Slab & Footing) $15,000.00 $30,000.00 $9,208.00 $18,416.00 $2,750.00 $5,500.00 • SCHEDULE A - BUIL Install Stone Veneer 400 $40.00 $16,000.00 $31.00 $12,400.00 $27.50 $11,000.00| ; SCHEDULE A - BUll Metal Interior Partition Wall! $100,00 $20,000.00 $143.00 $28,600.00 $104.50 $20,900.00 6 SCHEDULE A - BUll Exterior Steel Posts $10,000.00 $20,000.00 $9,308.00 $18,616.00 $7,700.00 $15,400.00 7 SCHEDULE A - BUll Rough Carpentry/Framinz $70,000.00 $70,000.00 $58,615.00 $68,615.00 $88,000.00 S#3,000.00 8 SCHEDULE A - BUIL Install new roofing (s) $115,000.00 $115,000.00 $115,000.00 $115,000.00 $97,196.00 $97,196.00 $57,000.00 $57,000.00 $53,615.00 $53,615.00 $49,500.00 $49,500.00 CHEDULE A - BUEL Install New Stucco at new walls / Repair Stucco. Install new foam cornice fear CHEDULE A - BUIL Install Interior Wood Veneer Di $1,500.00 $28,500.00 $2,690.00 $51,110.00 $1,381.11 $26,241.0g $11,000.00 $88,000.00 $3,452.00 $27,516.00 $10,450.00 $83,600.00 11 SCHEDULE A - BUIL Aluminum Storefront Door & Windows 12 SCHEDULE A - BUIL Install New Drywall $15.00 $54,000,00 $8.00 $28,800.00 $26.50 $59,400.00 $10.00 $48,000.00 $3.00 $14,400.00 6220 $11,472.00
18 SCHEDULE A - BUt Install EVT Flooring 4800
14 SCHEDULE A - BUlL Install Rubber Base 950 $2.50 $2,375.00 $5.00 $4,750.00 $2.20 $2,090.03 9000 $3.00 $27,000.00 $3.00 $27,000.00 $1.93 $17,370.00 15 SCHEDULE A - BUll interior Painting
16 SCHEDULE A - BUIL Exterior Painting 5000 $3.50 $17,500.00 $3.00 $15,000.00 $2.20 $11,000.00 17 SCHEDULE A - BUIL ACT Ceilings 2350 $20.00 S47,200.00 $10.00 $23,600.00 $6.38 $15,056.80 570฿ $35.00 $19,950.00 $16.00 $9,120.00 $16.50 $9,405.00 $11,500.00 $34,500.00 $4,705.00 $14,115.00 $4,000.70 $12,002.10 $60,000.00 $38,615.00 $38,615.00 $48,632.10 $48,632.10
21 SCHEDULE A - BUIL Install rough plumbing water/waste to new fixture locations. (S) $33,000.00 $33,000.00 $38,615.00 $38,625.00 $33,000.00 $33,000.00 22 SCHEDULE A - BUIL Install finish plumbing items (S) $45,000.00 $45,000.00 $53,615.00 $53,615.00 $82,500.00 $82,500.00 23 SCHEDULE A - BUIL Remove old roof HVAC units, install new replacement units (S) $75,000.00 $75,000.00 578,615.00 S78,515.00 $44,000.00 $44,000.00 24 SCHEDULE A - BUIt Install new ducting through-out Ti space (S) $45,000.00 $45,000.00 $40,615.00 $40,615.00 $66,000.00 $66,000.00 25 SOHEDULE A - BUIL Install new outlets and lighting per plan (S) $100,000.00 $100,000.00 $61,315.00 $61,315.01 $104,500.00 $104,500.00 36 COHEDLE A - RUll Imtall Low Voltage lA/. IT & Security! ner plan (S)| $14,800.00 $14,800.00 $11,115.00 $11,115.00 $1738.73 $1,738.73 $55.00 $24,700.00 $70.00 $26,600.00 $62.81 $23,867.80
27 SCHEDULE A - BUIL Install Ceramic Tile (Wall and Floor) $8.50 $3,825.00 $14.00 $6,300.00 $11.00
$21,000.00 $21,000.00 $18,615.00 $18,615.00 $8,604.20
0 CHInE A REll Ineral Restroom accessories. Fire Synguisher, Sionare $40,000.00 $40,000.00 $18,615.00 $18,615.00 $6,600.00 $6,600.00 *0 SCHEDULE A - 8UIL Furnish and Install Eculpment per plan (Sheet A7.0) 1550 $31.00 $48,050.00 $17.00 $26,350.00 $17.02 S26,391.00 31 SCHEDULE A - BUl! Instal Epoxy Flooring
Subtotal $1,345,400.00 $1,013,898.C0 $1,253.509.32
$10,000.00 $10,000.00 $15,815.00 $15,815.00 $30,000.00 $30,000.00 32 SCHEDULE: • SHE •earine and Gribbin:
$3,000.00 $3,000.00 $16,115.00 $16,115.00 $27,500.00 $27.500.00 e SCHEDUE: •SHE Tritic Controll
$1.00 $7,090.00 $3.00 $21,270.00 $6.82 $48,353.80
34 SCHEMINER-STE Savelt and Remave AC Pavement and lase mintensl $60.00 $14,100.00 $23.00 S5,405.00 $7.70 $1,809.50
35 SCHEDULE B - SITE Sawcut and Remove PCC Curb and Gutter $60.00 $4,200.00 $60.00 $4,200.00 $7.70 $539.00
96 SCHEDULE B- SITE Saweut and Remove PCC Curb

55.00 $7,250.00 $6.00 $8,700.00 $6.60 $9,570.00
37 SCHEOULE B - SITE Saweut and Remove PCC Sidewalk
38 SCHEDULE B - SITE Saweut and Remove PC Driveway $5.00 $11,700.00 $6.00 $6.60 $15,444.00 $1,000.00 $6,325.00 $1,100.00 $3,300.00
39 SCHEOWE:.STE Remove Poccur RamD
A SCHEMITER. OTE Remove Concrete Macaon Wall $25.00 $124.00 $22.00 $1,540.00 $800.00 $2,404.00 $2,200.00 $8,800.00
A SCHSOLE R-STE Remove erstine tree and crump
42 SCHEDULE B - SITE Adjust Pullbox or Utility Cover and Frame to Finished Grade $4,000,00 $8,615.00 3865300 SSS0.00 $550.00 $3.500.00 $1,100.00 $1,100.00
43 SCHEDULE B - SITE Adiust Manhole Cover and Frame to Finished Grade 44 SCHEDULE B - SITE Unclassified Excavation $16,500,00 $165.00 $1,815.00 45 SCHEDULE B- SITE Unclassified Fill - Import $4.000.00 $6,115.00 $1,100.00 $50,875.00 $41,625,00 $42,735.00
46 SCHEDULE B - SITE Construct AC Pavement
47 SCHEDULE B - SITE Crushed Aggrezate Base $19,500.00 $51,480.00 $4,200.00 $11.620,00 $2.310.00
48 SCHEDULE B - SITE Construct Type A1 Curb per City Standard Plan No. 112 49 SCHEDULE B - SITE Construct Type A2 Curb and Gutter per City Standard Plan No. 112. S840.00 $4,512.00 $660.00 $14,700.00 $18,690.00 $18.490,00
51 SCHEDULE B - SITE Construct Driveway Approach per City Standard Plan No. 114. $32,025.00 S32,025.00 $39,924.S0 $37,200.00 $29,760,00 $15.22 S38,192.00
52 SCHEDULE B . SITE Construct Sidewalk ner City Standard Plan No. 115, 53 SCHEDULE B - SITE Construct Curb Ramp per SPPWC Standard Plan No. 111-5. $1,500 $4,500.00 53,850.00 $11,550.00 54 SCHEDULE B - SITE Construct Curd Ramp ner Caltrans Standard Plan No. A88A $1,000.00 $2,000.00 $15,908.00 $3,300.00 $6,600.00 55 SCHEDULE B- SITE Furnish and Install Detectable Warning S $500,00 $2,500.00 $1,973.00 $770.00 S3,850.0D S6 SCHERULE R - SITE Construct Concrete Black Wall Por SPPWC Standard Plan No. 622-4, $700.00 $38,500.00 $316.00 $88.00 $4,840.00 construct concrete block veel ret arres
57 SCHEDULE B - SITE Furnish and Install Handrail per Caltrans $8,000.00 $8,000,00 $13,615.00 $8,800.00 S8,800.00 58 SCHEDULE B - SITE Furnish and Install 4° Schedule 40 PVC Drain Pipe and fittings $150.00 $6,750.03 $110.00 $71.50 $3,217.50 59 SCHEDULE B - SITE Construct Parkway Drain per City Standard Plan No. 214 $5,000.00 $5,000.00 $6,615.00 $1,650.00 $1,650.00 $15,000.00 $15,000.00 $33,615.00 $24,200.00 $24,200.00
GO SCHEDULE 8 - SITE Reconstruct Double Box Parkway Culvert EA $2,000.00 $4,000.00 $4,808.00 $1,650.00 s3 300,00
61 SCHEDULE 8 - SITE Construct Inlet Sump per detail on the plans 62 SCHEDULE B - SITE Pavement Markers, Markings and Traffic Striping $12,000.00 $12,000.00 $13,615.00 57,370.00 $7,370.00 Refurbish Landscape and Irrigation 0.00 s40,000.00 $247,815.00 $251,000.00 $251,000.00 SHEDULE B • SITE
6& SCHEDULE B. SITE Construct 5 Foot Hiah Temporary Securit $25.00 $12,500.00 $52.00 $26,000.00 $11.00 $5,500.00

0.00 $23,615.00 $23,615.00 $8,800.00 $8.800.00
6S SCHEDULER. SITE asbestos and lead Aostament
$816,824.00 $635, 890.30
$1,830,712.00 $1,939,389.62
City of Industry
Bid Results for Project 15710-15718 Rausch Road Building and Site Improvements (CTY-1494) issued on C8/22/2022
Bid Due an October 20, 2022 10:00 AM (PDT)
Exported on 10/20/2022
Line Totals (Unit Price " Quantity)
Gilman Builders, Inc. - Unit Gilman Builders, Inc. - Line Pub Construction, Inc - Unit Pub Construction, Inc - Line Unit of Measure Quantity Price Price Total Kazoni Ine - Unit Price Kazoni Ine - Line Total section Description
LS $534,487.86 $534,487.86 $12,000.00 $12,000.00 $125,000.00 $125,000.00 1 SCHEDULE A - BUIL Mobilization
2 SCHEDULE A - BUlL Demolition $77.784.00 $77,784.00 $399,000.00 $399,000.00 $53,000.00 s53,000.co $1,000.00 $2.000.00 $2,500.00 $5,000.00 $170,234.00 $340,468.00 3 SCHEDULE A - BUIL Concrete (Slab & Footing)
$50.00 $20,000.00 $45.00 $18.000.00 $125.00 $50,000.00
4 SCHEDULE A - BUIL Install Stone Veneer
$60.00 $12,000.00 $65.00 $13,000.00 $165.00 $33,000.00
5 SCHEDULE A - BUIL Metal Interior Partition Walls $13,200.00 $26,400.00 $12,500.00 $25,000.00 6 SCHEDULE A - BUIL Exterior Steel Posts $1,500.00 $3,000.00 $81,000.00 $81,000.00 $74,500.00 $74,500.00 $49,000.00 $49,000.00 7 SCHEDULE A - BUIL Rough Carpentry/Framing 8.E..NN88. $75,000.00 $59,000.00 $59,000.00 $70,360.00 $70,360.00 $75,000.00
9 SCHEDULE A - BLIL Install New Stucco at new walls / Repair Stucco. Install new foam cornice feature. $54,725.00 $54,725.00 $68,000.00 $68,000.00 $57,000.00 $57,000.00( $1,275.00 $24,225.00 $1,700.00 $32,300.00 $2,950.00 $56,050.00 10 SCHEDULE A - BUIL Install interior Wood Veneer boors 11 SCHEDULE A - BUIL Aluminum Starefront Doors & Windows $9,852.50 $78,820.00 $9,650.00 529,200.00 $10,000.00 $80,000.00 12 SCHEDULE A - BUIL Install New Drywal $16.52 $59,472.00 $6.50 $23,400.00 $12.00 $43,200.00 13 SCHEDULE A - BUIL Install LVT Flooring 4800 $1.50 $7,200.00 $8.00 $38,400.00 $4.00 $19,200.00 14 SCHEDULE A - BUlL Install Rubber Base 950 $2.00 $1,900.00 $3.00 $2,850.00 $2.65 $2,517.50 9000 $2.90 $26,100.00 $3.50 $31,500.00 $1.65 $14,850.00 15 SCHEDULE A - BUIL Interior Painting
16 SCHEDULE A - BUIL Exterior Painting 5000 $1.00 $5,000.00 $4.00 $20,000.00 $2.25 $11.250.00 2360 $8.45 $19,942.00 $9.00 $21,240.00 $12.00 $28,320.00 18 SCHEDULE A - BUIL Install Cementious Siding $35.50 $20,235.00 $13.00 $7.410.00 $65.00 $37.050.00 $7,000.00 $21,000.00 $2,500.00 $7,500.00 $6,300.00 $20,400,00 20 SCHEDULE A - BUll Built-in Cabinet & Counters $52,360.00 $52,360.00 $74,000.00 $74,000.00 $40,000.00 $40,000.00 21 SCHEDULE A - BUIL Install rough plumbing water/waste to new fixture locations. (S) $120,000.00 $120,000.00 $110,000.00 $110,000.00 $85,000.00 $85,000.00 22 SCHEDULE A - BUlL Install finish plumbing items (S) $31,950.00 $31,350.00 $14,000.00 $14.000.00 $30,000.00 $30,000.00 $65,000.00 $65,000.00 $23,500.00 $23,500.00 $73,000.00
22 SCHENE - RI! Remoie ald seaf HVAC units, install new renlacement unite (S) 24 SCHEDULE A - BUIL Install new ducting through-out Ti space (S) $51.000.00 $97,500.00 $87.500.00 $22,000.00 $22,000.00 $90,000.00 $90,000.00 $175,000.00 $175,000.00 $82,000.00 $82,000.00 26 SCHEDULE A - BUIL Install Low Voltage (A/V, IT & Security) per plan (s) $2,500.00 $5,350.00 $20,000.00 $20,000.00 35,75000 $32,300.00
$83.50 $31,730.00 $15.00 $85.00
$10.00 $4,500,00 $7.00 $3,150.00 $35.00 $16,200.00
$2,500.00 $2,500.00 $6,500.00 $6,500.00 $11,000.00 $11,000.00 29 SCHEDULE A - BUIL Install Restroom Accessories, Fire Extinguishers, Signage 30 SCHEDULE A - BUlL Furnish and Install Foulement per olan ISheet A7 0l $0.00 $0.00 $1,500.00 $1,500.00 $85,000.00 S85,000.00 $1A3S $22,242.50 $18.50 $28,675.00 $15.00 $23,250.00
$1,592,493.36 $1,439,575.00 $1,623,055.50
$9,000.00 $9,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 ER SCHEDULE B-S destine and orobing
$2, 500.00 $2,500.00 $10,000.00 $10,000.00 $6.500.03 $6,500.00 $25,311.30| $3.00 $21,270.00 $6.00 $42,540.00
SO SHAD LE B- SHE Sawout and Remove AC Pavement sno base Merenal $2,107.95 $45.00 $10,575.00 $8,460.00
Pat and kamene backurb and bea 53600
36 SCHEDULE B - SITE Sawcut and Remove PCC Curb $2,100.00 $100.00 $7,000.00 $1.960.00 $4,350.00 $5.00 $7,250.00 $12.00 $17,400.00
37 SCHEDULE B - SITE Sawout and Remove PCC Sidewalk Mintro $8,096.40 $5.00 $12.00 $28,090.00
39 SCHEDULE B- SITE Remove PCC Curb Ramp 3.33 $1,749.99 $1.500.00 S$.500.00 $82.00 $5,740.00
80 SCHEDULE R-SITE Remaup Concrete Masonny Wall $1,750.00 $2,300.00 $2,200.00 $850.00 $3,400.00
41 SCHEDULE B - SITE Remove existing tree and stump
42 SCHEDULE B - SITE Adjust Pullbax or Utility Cover and Frame to Finished Grade $1,500.00 $1,000.00 $1,800.00 $1,800.00 43 SCHEDULE B - SITE Adjust Manhole Cover and Frame to Finished Grade $500.00 $3,200.00 $3,200.00 44 SCHEDULE B - SITE Unclassified Excavation $850.00 $4,950.00 $650,00 $7,150.00 45 SCHEDULE B - SITE Undassified Fill - Import $1,000.00 $1,250.00 $850.00 $4,250.00 46 SCHEDULE B - SITE Construct AC Pavement $287.60 $53,206.00 $205.00 $37,925.00 $133.00 $51,870.00
47 SCHEDULES rushed Agorerate last
48 SCHEDULE B - SITE Construct Type A1 Curb per City Standard Plan No. 112. $1,400.00 $125.00 $8,750,00 $42D.00 $185.00 $2.220.00
A0 COREDLER. SITE Construst Tune A2 Cuch and Gutter per City Standard Plan No. 112. 50 SCHEDULE B - SITE Construct Modified Type A2 Curb and Gutter per City of Industry Standard Plan No. 112. $220.00 $46,200.00 S53,375.00( $22.00 $46,970.00
51 SCHEDULE B - SITE Construct Driveway Approach per City Standard Plan No. 114 52 SCHEDULE B - SITE Construct Sidewalk per City Standard Plan No, 115. $28.00 $69,440.00 53 SCHEDULE B - SITE Construct Curb Ramp per SPPWC Standard Plan No. 111-5. $7,500.00 $4,500.00 $13.500.00 54 SCHEDULE B - SITE Construct Curb Ramp per Caltrans Standard Plan No. ABRA. $8,500.00 $4.200.00 S8.400.00 55 SCHEDULE B- SITE Furnish and Install Detectable Warning Surface per SPPWC Standard Plan No. 111-5., Dete EA $200.00 $650.00 $3.250.00 56 SCHEDULE B - SITE Construct Concrete Block Wall Per SPPWC Standard Plan No. 622-4. $225.00 $12.375,00 57 SCHEDULE B - SITE Furnish and Install Handrail per Caltrans Standard Plan No. ES-7Q, Type I Barricade $3,450.00 $4,500.00 $4.500.00 58 SCHEDULE 8- SITE Furnish and Install 4° Schedule 40 PVC Drain Pipe and fittings $250.00 $250.00 $165.00 $7,425.00 59 SCHEDULE B - SITE Construct Parkway Drain per City Standard Plan No. 214 $2,500.00 $4,500.00 $5,400.00 $5,400.00 $16,000.00 $15,500.00 $6,500.00 $6.500.00
60 SCHEDULE B. SITE Reconstruct Double Box Parkway Cuivert per LACOPW Standard Plan 3055-1. 61 SCHEDULE B - SITE Construct Inlet Sump per detail on the plans $1,500.00 $6,000.00 $12,500.00 $25,000.00 $9,000.00 $15,000.00 $14,605.00 $14,605.00
A SCHOLAR SITE Pwement barker, Markines andhirtic Sinping l 63 SCHEDULE B - SITE Refurbish Landscape and Irrigation $31,000.00 $31,000,00 $44,600.00 $45,000.00 $45,000.00 6A SCHEDULE - SITE Canti redcape and triain security and Screening Chain Link Fencing including Fat If $8.00 $60.00 $20.00 $10,000.00 65 SCHEDULE B - SITE Asbestos and Lead Abatement $13,000.00 $19,000.00 $15,000.00 $15,000.00 $584,310.00
$1,961,000.00 51,987,560.00 $2,207,365.50
City of Industry
Bid Results for Project 15710-15718 Rausch Road Building and Site Improvements (CITY-1494) Issued on 08/22/2022
Bld Due on October 20, 2022 10:00 AM (PDT)
Exported on 10/20/2022
Line Totals (Unit Price " Quantity)
ALC CONSTRUCTORS Ine - MLC CONSTRUCTORS Inc- UR Universal Construction, 1R Universal Construction, Description Unit of Measure Quantity Unit Price Une Total Ine. - Unit Price Inc. - Line Total Section
1 SCHEDULE A - BUll Moblization 1S $96,000.00 596,000.00 $555,000.00 $555,000.00 $70,000.00 $70,000.00 $81,775.00 $81,775.00
2 SCHEDULE A - BUll Demolition
3 SCHEDULE A - BUIl Concrete (Slab & Footinz) $6,483.00 $12,966.00 $16,092.00 $32,184.00 $51.00 $20,400.00 $20.32 401280
• CHEMIE A - AIl Inetall Stona Venear SF
5 SCHEDULE A - BUIL Metal Interlor Partition Walls $223.00 $44,600.00 $161.00 $32,200.00 $3,400.00 $6,300.00 $5,567.00 $11,134.00
6 SCHEDULE A •BUlL Exeror Stee Pose
1 SCHEDULE A - BUIL Raugh Carpentry/Framing $76,440.00 $76,440.00 $90,800.00 $90,800.00 B SCHEDULE A - BUIL Install new roofing (s) $225,000.00 $225,000.00 $70,360.00 $70,360.00| 9 SCHEDULE A - BUIL Install New Stucco at new walls / Repair Stucco. Install new foam cornice feature. DONNANEE $54,000.00 $54,000.00 $100,000.00 $100,000.00 20 SCHEDULE A - BUIL Install Interior Wood Veneer Doors $4,700.00 S89,300.00 $2,314.00 $43,966.00 11 SCHEDULE A - BUIL Aluminum Storefront Doors & Windows $5,300.00 $42,400.00 $8,567.50 12 SCHEDULE A - BUlL Install New Drywall $13.00 $46,800.00 $16.37 $10.00 $43,000.00 $S.54 MIll
14 SCHEDULE A - BUIL Install Rubber Base 950 $6.50 $6.175.00 $S.68 5000 $6.00 $54,000.00 $1.26 $11,340.00
15 SCHEDULE A - BUll interior Painting
16 SCHEDULE A - BUIL Exterior Painting 5000 $6.50 $32,500,00 $1.19 $5,950.00 17 SCHEDULE A - BUIL ACT Ceiling: 2360 $13.00 $30,680.00 $7.94 $18,738.40 $28.00 $15,960.00 $0.00 $0.00
18 SCHEDULE A - BUlL Install Cementious Siding
19 SCHEDULE A - BUIL Install (3) Awnings $9,100.00 $27,300.00 $15,658.34 $46,975.02 $75,000.00 $75,000.00 $52,360.00 $52,360.00|
30 SCHEDULE A - BUE Buildin Cabinet & Counter
21 SCHEDULE A - BUIL Install rough plumbing water/waste to new fixture locations. (S) $73,000.00 $73,000,00 $100,000.00 $100,000.00 $13,000.00 $13,000.00 $55.625.00 $SS,625.00
22 SCHEDULE A - BUlL Install tinish plumbing rems (s)
23 SCHEDULE A - BUIL Remove old roof HVAC units, install new replacement units (S) $35,000.00 $35,000.00 $79,698.00 $79,699.00 24 SCHEDULE A - BUIL Install new ducting through-out T space (S) $46,000.00 $46,000.00 $2,400.00 $2,400.00 25 SCHEDULE A - BUIL Install new outlets and lighting per plan (s) $152,000.00 $152,000.00 $95,500.00 595,500.00 $5,000.00 $5,000.00 $2,300.00 $2,300.00
26 SCHEDULE A - BUt Install Low Voltape (A/V, IT & Secunty) per plan S $55.00 $20,900.00 $43.95
27 SCHEDULE A - BUS! Install Ceramic Tie (Wall and Foor", $6.50 $2,925.00 $11.11
29 SCHEDULE A - BUlL Install Wood Base
$6,500.00 $6,500.00 $14,199.00
29 SCHEDULE A - BUI! Install Restroom Accessories, Fire Extinguishers, Signage $11,000.00 $11,000.00 $43,050.00 $43,050.00
20 SCHEDULE A - BUlL furnish and install Equipment ner plan Sheet A7.0 $32.00 $49,600.00 $14.35 $22,242.50
$1,489,246.00 $1,757,085.42
$7,000.00 $7,000.00 $2,300.00 $2,300.00
32 SHEDULE • SITE desrine and Grubbing
$15,000.00 $15,000.00 $25,000.00 $75,000.00
QA COHEDULE B. SITE Saweut and Remote AC Payement and Base Material $8.50 $60,265.00 $2.27 $16,094.30 $25.00 $5,875.00 $68.48 $16,092.80
25 SCHEDULE B- SITE Sawut and Remove PCC Curb and Gutter $24.00 $1.680.00 $229.39 $16,091.60
26 CruEnitea, Sire Cacit and Remone pac Curt
$4.00 $5,800.00 $11.10 $16,095.00
27 CHEER-SITE Caveut and Remove PCC Sidewall
38 SCHEDULE 8 - SITE Sawcut and Remove PCC Driveway $16,099.20 $16,092.00
89 SCHEDULE B - SITE Remove PCC Curb Ramp
40 SCHEDULE B - SITE Remove Concrete Masonry Wall $16,092.30 $9,200.00
$241,390.00 $241,380.00
$0.00 $0.00
48 SCHE-SITE Adiust Manhole Cover and Frame to Finished Grade $0.00
$0.00
$0,00
47 SCHEDULE B - SITE Crushed Aggregate Base
$37.00
49 SCHEDUlE B-SITE Construc $153.00
$122.00
$13.00
HIS TE centric Sidewalk ner dity Standard Plan Nobb, $12.00 $6,825.00

CANSTAIN
$6,825.00 $0.00
CA SCHENINE ACTS Pancenir
55 SCHEDULE B- - SITE Furnish at $9,700.00 $0.00
$173.00 $9,515.00 $0.00
56 SCHEDULE B - SITE Construc
$4,700.00 $4,700.00 S4,792.00
SCHEDULE BO STE burnish a
ER SCHEDUIF B- SITE $150.00 $6,750.00 516,110.00
Furnish
$13.650.00 $64,400 cr
$27,300.00 $0.00 $0.00
Reronetr
$7,400.00 $0.00
ASCHARJIE B-STE constructinies Sumo cardetail onthe plane SO SCHENER. CITE Pavement Markere. Martings and Traffie Strinina $4,900.00 $0.00 $0.00 S213,525.00 $46,906.00 $45,906.00
64 SCHEDULE 8 - SITE $6,000.00 $50.00 $25,000.00
Construc
SA5,500.00 $8,000.00 $9,000.00
EE COHEMINE A. SiTe Nehactne and lead Abatement
$740,201.00 $555,745.20
$2.229,447.00 _52,312,830.62

EXHIBIT B
Bid Schedule Packet (Page A-12 and Pages C-4 through C-15) [Attached

BID BOND
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
KNOW ALL MEN BY THESE PRESENTS that we. R Dependable Const Inc _ as BIDDER, and The Ohio Casualty Insurance Company
a corporation organized and existing under the laws of the State of New Hampshire authorized to transact business under the laws of the State of California, as SURETY, are huly _ [IN WORDS] dollars ($
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to CITY for the above-stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 20th _ day of October _, 2022
BIDDER: SURETY:

Name: R Dependable Const Inc Name: The Ohio Casualty Insurance Company Address: 1019 W. 3rd Street, Ste B Address: ( 790 The City Drive, Suite 200 San Bernardino, CA 92410 Orange, CA 92868
Rosemary Padilla By: Ashley N. Baker
sonate ademary Padilla Signature: (sle a
Attorney-in-Fact
President Title:

Note:

All signatures must be acknowledged before a Notary Public. • If any person is signing as attorney-in-fact, evidence of the authority for that rhust" be attached as well.

Contract No. CITY-1494 - Specifications A-12
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
........

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bernardino
on 10/20/2022 Beatriz A. Corona-Torres, Notary Public
_ before me.

Date • Insert Name and Title of the Officer
personally appeared Rosemary Padilla
Vame(s) of SignerS)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capackylies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
BEATRIZ A. CORONA-TORRES laws of the State of California that the foregoing Notary Public • California paragraph is true and correct.

Riverside County
Commission#2321354 WITNESS my hand and official seal.

My Comm. Expires Feb 13, 2024
B.Corona Jones
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Bid Bond
Document Date: 10 20/22 Number of Pages: _
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer -- Title(s):
• Partner - O Limited O General • Partner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:

Signer is Representing: Signer is Representing:
.....
©2019 National Notary Association
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8208023-987721 West American Insurance Company
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the faws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana heroin collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appolnt, Ashley N.

Baker, Karen A. Eby, Kyle T. Baker, Timothy C. Baker
all of the city of Murricta each individually if there be more than one named, its true and lawful attornay-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as Its act and dead, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attornay has been subscribed by an authorized officer or offical of the Companies and the corporate seals of the Companles have been afixed thereto this 11th day of 2022
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
SCONPORATE «CORPORAT « СОПРОДТ Wast American Insurance Company 1912 1919 1991
ОТНО Sanit any
ANVE {SEN INDIANA
By:

David M. Carey, Assistant Secretary
State of PENNSYLVANIA
sS
County of MONTGOMERY
On this 1 th day of May 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance POA) vertication inquines.

Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

PAST
TERESA Commonwealth of Pennsytyania - Notary Seal
currency rate, interest rate or residual value guarantees. Teresa Pastella, Notary Public Montgomery County tereas Pastella lease call 610-832-8240 or emai [email protected].

Not valid for mortgage, note, loan, letter of credit, My commission axpires March 20, 2025 By:

Commission number 1126044
Mambor, Pennsytvanla Association of Notartes Teresa Pastella, Nolary Public

NOTARY PUBLIC
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohlo Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effectreading as follows:

For bond and/or Power of Attorney
ARTICLE IV - OFFICERS: Section 12, Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such altomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact, subject ta the limitations set forth in their respective powers of allomey, shali have full power to bind the Corporation by their signature and oxecution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instrumens shall be as binding as if signed by the President and attested to by the Secrelary. Any power or authority granted to any representative or altomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ple ARTICLE XIII - Execution of Contracts: Section 5. Surely Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chaiman or the president, and subject to such limitations as the chaiman or the president may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such altomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and altested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such allomeys-In- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations.

Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or machanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certilied copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Liewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Gompany do hereby certify that the oxiginal power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by sald Companies, Is in full forcé and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of October 2022:

INSUR

CASUA CORPORATE NCE
1912 1919 1991 Pai wals
HEY HAMPBE By:

ANTON INDIANA ANYONE Renee C. Llewellyn, Assistant Secretary 1S3M
LMS- 12873 LMIC OCIC WAIC Muti Co 02/21

CALIFORNIA ALL - PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of _ Riverside - 1
on 20th October 2022
before me . A. Eby. Notary Publi
ere insert name and tile of the offce
personally appeared Ashley N. Baker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sis/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officiat seal.

K. A. EBY
COMM. #2333693

NOTARY PUBLIC CALIFORNIA

RIVERSIDE COUNTY
Му Comm. Барігоз ЗЕРТЕЫВЕЯ 18, 2024
Notary Publ/c Signature (Nolary Public Seal)

INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and.

DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acloowledgments from other states may be completed for documents being sent to that state so long Bid Bond 10/20/27 as the wording does not require the California notary to violate Califomia notary (Title or description of attached document) • State and County infonnation must be the State and County where the document signerts) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public) • Print the names) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. he/she/thoy,is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of Partners)
Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different ducument.

Other Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

PLEASE NOTE THAT UNIT

PRICES SHALL ONLY BE

ENTERED ONLINE WITHIN THE
PLANETBIDS™M SOFTWARE. BID
SECTION C SCHEDULE PAGES C-4
THROUGH C-7 ARE REQUIRED

BID SCHEDULE TO BE SUBMITTED AS A PDF

UPLOAD VIA PLANETBIDS PER
FOR CHECKLIST ON PAGE B-6.

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
BIDDER:_ R Dependable Const Inc
Hereby proposes to construct the above-named project in accordance with the plans and specifications for the following prices:

SCHEDULE OF WORK ITEMS
NO. DESCRIPTION: APPROX UNIT TOTAL
QTY: MEAS PRICE d

SCHEDULE A - BUILDING IMPROVEMENTS
1 Mobilization 1 LS
2 Demolition 1 LS
.....
3 Concrete (Slab & Footing) 2 CF
4 Install Stone Veneer 400 SF
5 Metal Interior Partition Walls 200 LF
6 Exterior Steel Posts 2 EA
Rough Carpentry/Framing 1 LS
8 Install new roofing (S) 1 LS
Install New Stucco at new walls / Répair
9 1 LS
Stucco. Install new foam cornice feature.
10 Install Interior Wood Veneer Doors 19 EA

11. Aluminum Storefront Doors & Windows.
12 Install New Drywall 3,600 SF
13 Install LVT Flooring 4,800 SF
Contract No. CITY-1494 - Specifications C-4
NO. APPROX. UNIT UNIT
DESCRIPTION QTY …TOȚAL
MEAS. PRICE
14 Install Rubber Base 950 LF
15 Interior Painting 9,000 SF
16 Exterior Painting 5,000 SF
17 ACT Ceilings 2,360 SF
18 Install Cementious Siding 570 SF
..... ...
19 Install (3) Awnings 3 EA
20 Built-in Cabinet & Counters 1 LS
21 Install rough plumbing water/waste to new 1 LS
fixture locations. (S)
22 Install finish plumbing items (S) 1 LS
23 Remove old roof HVAC units, install new LS
1 replacement units (S)
24 Install new ducting through-out TI space (S) 1 LS
25 Install new outlets and lighting per plan (S) 1 LS
26 Install Low Voltage (A/V, IT & Security) per 1 LS
plan (S)

SCHEDULE B - SITE IMPROVEMENTS
27 Clearing and Grubbing 1 LS
28 Traffic Control 1 LS
29 Sawcut and Remove AC Pavement and Base SF
Material 7,090
30 Sawcut and Remove PCC Curb and Gutter 235 LF
31 Sawcut and Remove PCC Curb 70 LF
32 Sawcut and Remove PCC Sidewalk 1,450 SF
33 Sawcut and Remove PCC Driveway 2,340 SF
34 Remove PCC Curb Ramp 3 EA
35 Remove Concrete Masonry Wall 70 LF
36 Remove existing tree and stump 4 EA
Adjust Pullbox or Utility Cover and Frame to

34. Finished Grade"
Adjust Manhole Cover and Frame to Finished
38 Grade 1 EA
39 Unclassified Excavation 11 CY
Contract No. CITY-1494 - Specifications C-5
Shading Indicates
Item Revised in
Addendum No. 3
APPROX. UNIT UNIT
NO: DESCRIPTION TOTAL
QTY MEAS: PRICE
14 Install Rubber Base 950 LF
15 Interior Painting 9,000 SF
16 Exterior Painting 5,000 SF
17 ACT Ceilings 2,360 SF
18 Install Cementious Siding 570 SF
19 Install (3) Awnings 3 EA
20 Built-In Cabinet & Counters 1 LS
21 Install rough plumbing water/waste to new 1 LS
fixture locations. (S)
22 Install finish plumbing items (S) 1 LS
Remove old roof HVAC units, install new
23 1 LS
replacement units (S)
24 Install new ducting through-out TI space (S) 1 LS
25 Install new outlets and lighting per plan (S) 1 LS
26 Install Low Voltage (A/V, IT & Security) per 1 LS
plan (S)
27 Install Ceramic Tile (Wall and Floor) 380 SP
28 Install Wood Base 450 PALF
Install Restroom Accessories, Fire
29 LS:

Extinguishers, Signage'
Furnish and Install Equipment per plan (Sheet
30 A7.0)

SCHEDULE B - SITE IMPROVEMENTS
31 Clearing and Grubbing 1 LS
332 Traffic Control 1 LS
Sawcut and Remove AC Pavement and Base SF
333 Material 7,090
34 Sawcut and Remove PCC Curb and Gutter 235 LF
35฿ Sawcut and Remove PCC Curb 70 LF
136 Sawcut and Remove PCC Sidewalk 1,450
- 37. Sawcut and Remove PCC Driveway 2,340 SF
:38 Remove PCC Curb Ramp 3 EA
Contract No. CITY-1494 - Specifications C-5R
Shading Indicates
Item Revised in
Addendum No. 3
APPROX. UNIT UNIT
NO. DESCRIPTION TOTAL
QTY MEAS. PRICE
39: Remove Concrete Masonry Wall 70 LF
40 Remove existing tree and stump 4 EA
41 Adjust Pullbox or Utility Cover and Frame to 1 EA
Finished Grade
Adjust Manhole Cover and Frame to Finished
:420 1 EA
Grade
:43 Unclassified Excavation 11 CY
44 Unclassified Fill - Import 5 CY
45 Construct AC Pavement 185 TON
46 Crushed Aggregate Base 390 CY
.....

Construct Type A1 Curb per City Standard 70 LF
47 Plan No. 112.

Construct Type A2 Curb and Gutter per City 12 LF
:48
Standard Plan No. 112
Construct Modified Type A2 Curb and Gutter 210 LF
49 per City of Industry Standard Plan No. 112.
50% Construct Driveway Approach per City 2,135 SF
Standard Plan No. 114.

Construct Sidewalk per City Standard Plan No. SF
51 2,480
Construct Curb Ramp per SPPWC Standard
52 3 EA
Plan No. 111-5.

Construct Curb Ramp per Caltrans Standard 2 EA
.53
Plan No. A88A.

Furnish and Install Detectable Warning
54 Surface per SPPWC Standard Plan No. 111- 5 EA

5., Detectible Warning Detail.

Construct Concrete Block Wall Per SPPWC 55 LF
55 Standard Plan No. 622-4.

Furnish and Install Handrail per Caltrans
1 EA
Standard Plan No. ES-7Q, Type | Barricade
Furnish and Install 4" Schedule 40 PVC Drain 45 LF

57. Pipe and fittings
........
58 Construct Parkway Drain per City Standard 1 EA
Plan No. 214
.....

Reconstruct Double Box Parkway Culvert per 1 EA
LACDPW Standard Plan 3055-1.
:60 Construct Inlet Sump per detail on the plans 2 EA
Pavement Markers, Markings and Traffic LS
61 Striping.-
:
62 Refurbish Landscape and Irrigation .. 1 LS
....

Construct 6 Foot High Temporary Security and
63 Screening Chain Link Fencing, including 500 LF
Fabric per Special Provisions
Contract No. CITY-1494 - Specifications C-6R
Shading Indicates
Item Revised in
Addendum No. 3
APPROX: UNIT UNIT
NO. DESCRIPTION PRICE TOTAL
QTY. MEAS
64 Asbestos and Lead Abatement

GRAND TOTAL
I hereby certify that on 09/27 _ 2022, R Dependable Const Inc (Print Name)
examined the site of the proposed work, and the undersigned, fully understands the scope of work and has checked carefully all words and figures inserted in this Bid Schedule.

By:

R Dependable Const Inc

CONTRACTOR NAME
[email protected]

EMAIL ADDRESS
1000002054
DIR #
Rosemary Padilla

PRINT NAME
Pasemany Podilla

SIGNATURE
Contract No. CITY-1494 - Specifications C-7R

BID RESULTS

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
PLEASE NOTE: This page was intentionally left blank. After the bid has been awarded, it will be replaced with the awardee's Bid Results from PlanetBids ™ Contract No. CITY-1494 - Specifications

BIDDER'S INFORMATION SHEET
• Receipt of any addenda shall be acknowledged only online through the PlanetBids™ software.

RETENTION MONEY OPTION: Please initial one of the following options.

1. I will provide securities in lieu of monies to be withheld to ensure performance (Initials) under the contract as per Section D63, General Provisions.

RP

2. I will not provide securities in lieu of monies to ensure performance under the (Initials) contract.

The undersigned, as bidder, declares as follows:

The only persons or parties interested in this proposal as principals are those named herein;

2. This proposal is made without collusion with any other person, firm or corporation; We have carefully examined the location of the proposed work, the attached proposed form of contract, and the plans therein referred to; and

4. We propose and agree, if this Proposal is accepted, that we will contract with the City of Industry in the form of the copy of the contract attached hereto;

5. We will provide all necessary machinery, tools, apparatus and other means of construction and/or maintenance;

6. We will do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the City Engineer as therein set forth; and
This bid is sufficient to allow us to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided; and

8. We will take in full payment therefore in the amounts shown on the Bid Schedule.

Contract No. CITY-1494 - Specifications C-9
hands, and seals of all aforenamed principes this day of proposer the names, des _ day of Detaber The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

R Dependable Const Inc Rasumany Patilla
Bidder Signature
1019 W. 3rd Street, Suite B Rosemary Padilla
Mailing Address Print Name
San Bernardino, Ca 92410 President
City/State/Zip Title
_ 909-381-2310 944088 - B
Telephone License No./Class
- 909-453-0429 03/31/2024
Fax Expiration Date
Select one of the following: The Bidder is a:
•Partnership
Corporation
Individual
The names of all persons, firms or corporations interested in this bid are: (See Section B, Page B-2, and Item 4 - Signature of Bid).

AFFIX CORPORATE SEAL Rosemary Padilla - President
Note:
cAll signatures must be acknowledged before a Notary Public.-- If any person is signing as attorney-in-fact, evidence of the authority for that must be attached as well.

Contract No. CITY-1494 - Specifications C-10
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bernardino
10/20|22 Beatriz A. Corona-Torres, Notary Public
On ... before me, ....

Date Here Insert Name and Title of the Officer
personally appeared Rosemary Padilla
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
BEATRIZ A. CORONA-TORRES laws of the State of California that the foregoing Notary Public - California paragraph is true and correct Riverside County
Commission # 2321354
... My Comm. Expires Feb 13, 2024 WITNESS my hand and official seal.

B. Corona Varres
Signature....

Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: 10/20/2022 _ Number of Pages:_ 2
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s): _. • Partner - O Limited O General • Partner - O Limited O General • Individual • Attorney in Fact • Individual • Attorney in Fact -D Trustee: -D-Guardian or Conservator A Trustée: D-Guardian-or-Gonservator- • Other: • Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association

CONTRACTOR'S LICENSE AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
Rosemary Padilla _, being first duly sworn, deposes and says that Name
he or she is President _ of_R Dependable Const Inc -
Title Name of Firm
944088 B
License Number Classification
03/31/2024
Expiration Date
The party making the foregoing bid, is a licensed contractor and understands the information shown above shall be included with the bid, and understands that any bid not containing this information, or if this information is subsequently proven to be false, shall be considered non- responsive and shall be rejected by the CITY OF INDUSTRY.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
9-27-2022
Rasemary fadilla

DATE SIGNATURE
Contract No. CITY-1494 - Specifications C-11

BIDDER'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
R Dependable Cont Inc certifies that:

Bidder
The following listed construction trades will be used in the work.

ASBESTOS LBOILERMAKER • BRICKLAYERS V CARPENTERS

CARPET/LINOLEUM V CEMENT MASONS V DRYWALL FINISHER MDRYWALL/LATHERS

VI ELECTRICIANS ELEVATOR MECHANIC L GLAZIERS L IRON WORKERS V LABORERS • MILLWRIGHTS OPERATING ENG M PAINTERS
• PILE DRIVERS • PIPE TRADES MI PLASTERERS J ROOFERS
V SHEET METAL SouND/COMM • SURVEYORS TEAMSTER

VI TILE WORKERS
Kaseman facillas
signature of Authorizk
Representative of Bidder
Contract No. CITY-1494 - Specifications C-12

NON-COLLUSION DECLARATION

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
CONTRACTOR:

R Dependable Const Inc
BUSINESS ADDRESS:
1019 W. 3rd Street, Suite B
San Bernardino, Ca 92410
In submitting this bid for the project:
1, Rosemary Padilla _ state that I have not directly or indirectly, (Name)
entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with the project.

I do hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at_ San Bernardino California, this 27th day of September _ 2022.

Nademary fodita

SIGNATURE
Contract No. CITY-1494 - Specifications C-13

SUBCONTRACTORS LISTING

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
(See Paragraph 14 - Instructions to Bidders)
• Please note that subcontractors are to be submitted online only using the PlanetBids™ software.

Contract No. CITY-1494 - Specifications C-14

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
Marc Anthony Glazing Contractor Inc.

Subcontractor:
1000009398 6/30/2025
Contractors State License Board No. Expiration Date
Certificate No. (PWC Registration No.)
589450 05/31/2023
License No. Expiration Date
Certifies:

The following construction trades will be used in the work (Please check all that apply):
• ASBESTOS BOILERMAKER BRICKLAYERS •CARPENTERS
• CARPET/LINOLEUM CEMENT MASONS DRYWALL FINISHER •DRYWALL/LATHERS

LELECTRICIANS ELEVATOR MECHANIC IXI GLAZIERS - IRON WORKERS LLABORERS • mILLWrIGHTs OPERATING ENG PAINTERS
• PILE DRIVERS • PIPE TRADES PLASTERERS L ROOFERS
• SHEET METAL _ SOUND/COMM _SURVEYORS TEAMSTER
• TILE WORKERS
Signature of Authorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETED FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
Subcontractor: R and R Roofing, Inc
1000048273 6/30/2024
Contractors State License Board No. Expiration Date
Certificate No. (PWC Registration No.)
934782 3/31/2023
- Expiration Date
License No.

Certifies:

The following construction trades will be used in the work (Please check all that apply):

ASBESTOS BOILERMAKER BRICKLAYERS L CARPENTERS
•CARPET/LINOLEUM CEMENT MASONS _ DRYWALL FINISHER • DRYWALL/LATHERS DELECTRICIANS ELEVATOR MECHANIC I GLAZIERS • IRON WORKERS L LABORERS MILLWRIGHTS OPERATING ENG • PAINTERS
•PILE DRIVERS •PIPE TRADES PLASTERERS MROOFERS
MISHEET METAL SoUND/COMM •SURVEYORS •TEAMSTER
• TILE WORKERS
Word, Jus
Signature of Aüthorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETED FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY -1494
subcontractor. Delta 4 ENvIRoNMentaL, Iuc
1000707164 6/30/2025
Contractors State License Board No. Expiration Dat
Certificate No. (PWC Registration No.)
1070662 14/30/2024
License No. Expiration Date
Certifies:

The following construction trades will be used in the work (Please check all that apply):

Z ASBESTOS LI BOILERMAKER
_ BRICKLAYERS •CARPENTERS
CARPET/LINOLEUM LO CEMENT MASONS _ DRYWALL FINISHER

DRYWALL/LATHERS

ELECTRICIANS I ELEVATOR MECHANIC I GLAZIERS
• IRON WORKERS
[4 LABORERS L MILLWRIGHTS OPERATING ENG 1Z PAINTERS
• PILE DRIVERS • PIPE TRADES PLASTERERS

L ROOFERS
• SHEET METAL •SOUND/COMM L SURVEYORS

TEAMSTER

L TILE WORKERS
Signature of Authorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETÉD FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
Subcontractor: Westland Mechanical
1000062056 6/30/2025
Contractors State License Board No. Expiration Date
Certificate No. (PWC Registration No.)
894940 3/31/2023
-
License No. Expiration Date
Certifies:

The following construction trades will be used in the work (Please check all that apply):

L ASBESTOS LBOILERMAKER BRICKLAYERS •CARPENTERS
CARPET/LINOLEUM • CEMENT MASONS DRYWALL FINISHER •DRYWALL/LATHERS • ELECTRICIANS • ELEVATOR MECHANIC GLAZIERS LIRON WORKERS • LABORERS • MILLWRIGHTS OPERATING ENG PAINTERS
•PILE DRIVERS •PIPE TRADES •PLASTERERS •ROOFERS
V SHEET METAL L SOUND/COMM • SURVEYORs •TEAMSTER
• TILE WORKERS
Ther
Signature of Authorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETED FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY-1494
Subcontractor: Cedillo Landscaping
#1000592055 June 30, 2023
Contractors State License Board No. Expiration Date
Certificate No. (PWC Registration No.)
#1057260 August 31,2023
License No. Expiration Date
Certifies:

The following construction trades will be used in the work (Please check all that apply):
• ASBESTOS BOILERMAKER •BRICKLAYERS • CARPENTERS
•CARPET/LINOLEUM CEMENT MASONS DRYWALL FINISHER •DRYWALL/LATHERS L ELECTRICIANS ELEVATOR MECHANIC GLAZIERS •IRON WORKERS V LABORERS _ MILLWRIGHTS OPERATING ENG • PAINTERS
LIPILE DRIVERS VI PIPE TRADES •PLASTERERS •ROOFERS
• SHEET METAL L SouND/COMM I SURVEYORS L TEAMSTER
• TILE WORKERS
"Signature of Authorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETED FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

SUBCONTRACTOR'S LIST OF CONSTRUCTION TRADES
In submitting this bid for the following project:

CITY OF INDUSTRY
PROJECT NO. MP 20-17 #2
15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
CONTRACT NO. CITY -1494
Subcontractor: SUNBELT FLOORING, INC.
474919 05/31/2024
Contractors State License Board No. Expiration Date
Certificate No. (PWC Registration No.)
1000001520 6/30/2023
License No. - Expiration Date
Certifies:

The following construction trades will be used in the work (Please check all that apply):
• ASBESTOS •BOILERMAKER •BRICKLAYERS ] CARPENTERS
CARPET/LINOLEUM L CEMENT MASONS DRYWALL FINISHER ] DRYWALL/LATHERS _ELECTRICIANS • ELEVATOR MECHANIC •GLAZIERS ] IRON WORKERS (LABORERS … MILLWRIGHTS DDOPERATING ENG ] PAINTERS
PILE DRIVERS I PIPE TRADES •PLASTERERS ROOFERS
• SHEET METAL SOUND/COMM _ SURVEYORS TEAMSTER
[TILE WORKERS X TERAZZO FINISHER (UNDER CARPENTERS)
Ruledete
Signature of Authorized
Representative of Subcontractor
NOTE: THIS FORM MUST BE COMPLETED FOR EACH SUBCONTRACTOR Contract No. CITY-1494 - Specifications C-15

EXHIBIT C
Contractor's State of California and Department of Industrial relations License Detail [Attached]
Home i
CONTRaCTors STATE LIcEnSE BoARD
•Contractor's License Detail for License # 944088
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. • CSIB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more Information. Click here for a definition of disclosable actions. • Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17)) * Arbitrations are not listed unless the contractor fails to comply with the terms. • Due to workioad, there may be relevant intormation that has not yet been entered into the board's license database.

Data current as of 11/8/2022 1:25:43 PM
Business Information

R DEPENDABLE CONST INC
1019 WEST 3RD STREET SUITE B
SAN BERNARDINO, CA 92410
Business Phone Number: (909) 381-2310
Entity Corporation
Issue Date : 03/04/2010
Expire Date 03/31/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications

B - GENERAL BUILDING
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100114809
Bond Amount: $15,000
Effective Date: 01/01/2016
Contractor's Bond History
Bond of Qualifying Individual
The qualiying individual ROSEMARY RUIZ PADILLA certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 03/04/2010
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9064846
Other
• Personnel listed on this license (current or disassociated) are listed on other licenses.

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EXHIBIT D
Notice of Exemption
[Attached]

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way, Suite 100
Environmental Filings City of Industry, CA 91744
12400 East Imperial Highway #2001
Norwalk, CA 90650
Project Title: CITY-1494 - 15710-15718 Rausch Road Building and Site Improvements Project Location - Specific: 15710-15718 Rausch Road
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: The improvements include interior and exterior building improvements and site improvements including parking lot repaving, ADA curb ramps, sidewalk and driveway.

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

Reasons why project is exempt: The proposed project is exempt from the California Environmental Quality Act ("CEQA") per Section 15301 Class 1 of the CEQA Regulations in which the minor alteration of existing public or private structures or facilities involve negligible or no expansion of existing use. This project involves the upgrades to the interior of the building and minor exterior modifications to the existing building and adjacent side lot Additionally, site improvements include repaving the parking lot, ADA curb ramps, sidewalk and driveways.

Lead Agency
Contact Person: Mathew Hudson Telephone: _ (626) 333-2211 -
Signature: Date: November 10, 2022
Title: Engineering Manager

CITY COUNCIL
ITEM NO. 5.10
AMENDMENT NO. 1
TO CITY MANAGER EMPLOYMENT AGREEMENT No. 21-_

WITH JOSHUA NELSON
This First Amendment to the City Manager Employment Agreement No. 21-- (the "Agreement"), is made and effective this 10* day of November 2022 by and between the City of Industry, State of California, a municipal corporation and chatter city hereinafter, the "City") and Joshua Nelson, an individual, (hereinafter, "Nelson"). City and Nelson are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, the City Council appointed Mr. Nelson as City Manager effective on August 2, 2021; and
WHEREAS, based on Mr. Nelson's performance, the City Council desires to amend the Agreement 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 shall remain in full force and effect except as otherwise hereinafter provided:

Section III., Compensation Subsection A, is hereby revised to read in its entirety as follows:

Effective as of July 1, 2022, the City agrees to pay Nelson for his services endered hereunder at an annual rate of Two Hundred Eighty Thousand Eight Hundred anc 0/100 Dollars ($280,800.00), which sum shall be considered the base salary and shall be payable in installments at the same times as the City's other employees are paid, and subject to customary withholdings.

Section VII., Vacation, Sick and Other Supplemental Benefits Subsection B is hereby revised to read as follows:

Nelson shall accrue vacation at the rate of 6.5 hours every two weeks of service with no limits on the number of hours accrued. Nelson shall accrue sick leave at the rate of 5 hours every two weeks, with no limits on the number of hours accrued. At Nelson's option, he may receive a cash payment for any unused vacation and sick leave hours at any time during the year. The cash payment shall be at the Nelson's then current rate of pay and shall be paid to him on a regular pay day as set forth in the City's then in effect Employee Handbook.
(SIGNATURES ON FOLLOWING PAGE)
1 IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their signatures as of the date and year first above written.

CITY MANAGER CITY OF INDUSTRY
Joshua Nelson, an individual Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
James M. Casso, City Attorney