Industry City Council
November 10, 2022

CITY OF INDUSTRY
CITY COUNCIL Mayor Cory C. Moss
REGULAR MEETING AGENDA Mayor Pro Tem Cathy Marcucci

BUT OF HOUSERS
NOVEMBER 10, 2022 Council Member Michael Greubel
9:00 AM * 1957
Council Member Mark D. Radecki
Council Member Newell Ruggles
Location: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California 91744 Addressing the City Council:

NOTICE OF TELEPHONIC MEETING:

Pursuant to AB 361 (Government Code Section 54953(e)), this meeting will be held in person and telephonically. Members of the public can attend the hybrid meeting and offer public comments either in person or telephonically, by calling the following conference call number: 657-204-3264, then entering the following Conference ID: 598 761 213# Pursuant to the Governor's Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting (including assisted listening devices), please contact the City Clerk's Office at (626) 333-2211 by 5:00 p.m. on Tuesday, November 8, 2022, to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a three-minute time limit per person for any matter listed on the Agenda.

Public Comments (Non-Agenda Items Only): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a three-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.

Agendas and other writings:

In compliance with Government Code Section 54957.5(b), staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk of the City Council during regular business hours, Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m. each day. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 10, 2022
PAGE NO. 1
Call to Order
Flag Salute

3. Roll Call
Public Comments

5. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action.

5.1 Consideration of the Register of Demands for November 10, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills. 52 Consider com of Router he 2nt 2000 a Bion to
We Care Program
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-48.

5.3 Consideration of Resolution CC 2022-49 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY CONTINUING THE

AUTHORIZATION OF REMOTE TELECONFERENCE MEETINGS
PURSUANT TO AB 361
RECOMMENDED ACTION: Adopt Resolution No. CC
2022-49.

5.4 Consideration of a Cost Sharing Agreement with the Puente Basin Water Agency, for the Phase 1 development of the Groundwater Management Plan for the Puente Basin
RECOMMENDED ACTION: Approve the Agreement.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 10, 2022
PAGE NO. 2

5.5 Consideration of Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc., for arborists services, approving a one-year extension and increasing compensation by $800,000.00
RECOMMENDED ACTION: Approve the Amendment.

5.6 Consideration of Amendment No. 2 to the Agreement with the California Department of Transportation, for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision, north of Gale Avenue, increasing compensation by $260,315.00 (MP 06-11 #21)
RECOMMENDED ACTION: Approve the Amendment.

5.7 Consideration of Amendment No. 2 to the Professional Services Agreement with Civiltec Engineering, Inc., for engineering design services for pump station upgrades, extending the term through November 9, 2024, and increasing compensation by $106, 169.00
RECOMMENDED ACTION: Approve the Amendment.

5.8 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
RECOMMENDED ACTION: Approve Change Order
No. 1. and authorize the Engineering Manager to execute the Notice of completion.

5.9 Consideration of Bid Protests, and Award of Contract No. CITY-1494, 15710-15718 Rausch Road Building and Site Improvements, to H Dependable Const Inc., in an amount not-to-exceed $1,763,780.00, and adopt Notice of Exemption regarding same
RECOMMENDED ACTION: Reject the Bid Protests,
award the contract to R Dependable Const Inc. in the amount of $1,763,780.00, and adopt a notice of exemption.

5.10 Consideration of Amendment No. 1 to the Employment Agreement with Joshua Nelson, for City Manager Services
RECOMMENDED ACTION: Approve the Amendment.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 10, 2022
PAGE NO. 3

CLOSED SESSION
_CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section54956.9(d)(2): one potential case

6.2 •ONFERENCE WITH REAL PROPERTY NEGOTIATOR
ursuant to Government Code Section 54956
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel
Numbers (portion ot) 8247-014-900, (portion
ot) 0241-013- 908, 8262-001-900, 8202-001-
902, (portion of) 8262-011-930, 8262-011-931,
8262-012-270, 8262-012- 271, 8262-012-272,
8262-012-273, (portion of) 8262-012-274,
(portion of 8262-012-275, 8262-012-
276, (portion of) 8262- 015-900, (portion of)
8262-015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-270,
8263- 008-271, 8263-008-904 and 8263-027-
270
Agency Negotiators: Josh Nelson, City Manager
Bianca Sparks Rojas, Assistant City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

7. CITY MANAGER REPORTS

8. AB 1234 REPORTS

CITY COUNCIL COMMUNICATIONS

10. Adjournment. The next regular City Council Meeting is Thursday, December 8, 2022, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 10, 2022
PAGE NO. 4

CITY COUNCIL
ITEM NO. 5.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF NOVEMBER 10, 2022
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 2,714,003.58
103 PROP A FUND 16,788.91
107 MEASURE W FUND 23,702.50
120 CAPITAL IMPROVEMENTS 332,917.40
TOTAL ALL FUNDS 3,087,412.39
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 98,395.81
PROP/A PROP A - CKING ACCOUNT 16,788.91
MEASURE W - CKING ACCOUNT 23,702.50
WFBK WELLS FARGO - CKING ACCOUNT 2,948,525.17
TOTAL ALL BANKS 3,087,412.39

APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1

BANK OF AMERICA
!
November 10, 2022
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1289 10/17/2022 MIDAMERICA ADMINISTRATIVE & $38,683.37 Invoice Date Description Amount
NOV/DEC2022 10/17/2022 RETIREE HEALTH PREMIUM REIMBURSEMENTS $38,683.37 WT1290 10/24/2022 CAL-PERS $50,533.86
Invoice Date Description Amount
NOVEMBER 2022 10/24/2022 CALPERS MEDICAL PREMIUM FOR NOV 2022 $50,533.86 WT1291 10/26/2022 JOHN HANCOCK USA $4,569.10
Invoice Date Description Amount
9/17-9/30/22 10/26/2022 PARS CONTRIBUTIONS FOR 9/17-9/30/22 $4,569.10 WT1292 10/26/2022 JOHN HANCOCK USA $4,609.48
Invoice Date Description Amount
10/1-10/14/22 10/26/2022 PARS CONTRIBUTION FOR 10/1-10/14/22 $4,609.48 Checks Status Count Transaction Amount
Total 4 $98,395.81
CITY OF INDUSTRY P. 2
PROP A
November 10, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90438 10/26/2022 WALNUT VALLEY WATER DISTRICT $651.44
Invoice Date Description Amount
4465878 10/11/2022 09/01-09/30/22 SVC - PLATFORM METROLINK BREA $22.58 4464947 10/10/2022 09/01-09/30/22 SVC - IRR METROLINK STA-SPANISH $628.86 90439 11/01/2022 SOUTHERN CALIFORNIA EDISON $209.97
Invoice Date Description Amount
2023-00000670 10/21/2022 09/21-10/20/22 SVC -600 S BREA CYN B $209.97 90440 11/10/2022 CNG ENGINEERING $10,732.50
Invoice Date Description Amount
506477 10/2712022 ANNUAL BUS STOP ADA IMPROVEMENTS $410.00 506478 10/2712022 METROLINK STATION COMMUTER RAIL STATION $462.50 506479 10/27/2022 FULLERTON RD GRADE SEPARATION $360.00 506480 10/27/2022 FULLERTON RD GRADE SEPARATION $8,240.00 506481 10/27/2022 FAIRWAY DR GRADE SEPARATION $1,260.00 90441 11/10/2022 INDUSTRY SECURITY SERVICES $5,160.00
Invoice Date Description Amount
14-26946 10/14/2022 SECURITY SVC-METROLINK $2,580.00
14-26997 10/21/2022 SECURITY SVC-METROLINK $2,580.00
90442 11/10/2022 SO CAL INDUSTRIES $35.00
Invoice Date Description Amount
596780 10/28/2022 RR UNIT EXCHANGE $35.00
CITY OF INDUSTRY P. 3
PROP A
November 10, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
Checks Status Count Transaction Amount
Total 5 516,788.91
CITY OF INDUSTRY P. 4

MEASURE W
November 10, 2022
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300015 11/10/2022 CNG ENGINEERING $23,702.50
Invoice Date Description Amount
506473 10/27/2022 FOUR GRADE SEPARATION PUMP STATIONS $5,067.50 506474 10/27/2022 NPDES STORM WATER $14,805.00
506475 10/27/2022 CATCH BASIN RETROFITS $265.00
506476 10/27/2022 2021 CLEANOUT OF STORMWATER DEVICES $3,565.00 Check Status Count Transaction Amount
Total 1 $23,702.50
CITY OF INDUSTRY P. 5

WELLS FARGO WIRE TRANSFERS
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10037 10/13/2022 CIVIC RECREATIONAL INDUSTRIAL $265,000.00 Invoice Date Description Amount
10/13/2022 10/13/2022 TRANSFER FUNDS-CRIA REG 10/13/22 $265,000.00 WT10038 10/13/2022 INDUSTRY PROPERTY & HOUSING $75,000.00 Invoice Date Description Amount
10/13/2022 10/13/2022 TRANSFR FUNDS-IPHMA REG 10/13/22 $75,000.00 Checks Status Count Transaction Amount
Total $340,000.00
CITY OF INDUSTRY P. 6

WELLS FARGO VOIDED CHECKS
November 10, 2022
Payee Name Check Amount
Check Date
CITY.WF.CHK - City General Wells Fargo
77216 12/09/2021 10/28/2022 SAM'S WEST INC ($14,250.65) Date Description Amount
Invoice

VOIDED-STALE CHECK
11/16/2021 11/16/2021 DEVELOPER FEE REFUND-17150 GALE AVE $14,250.65 78710 08/11/2022 10/26/2022 AL'S MECHANICAL INC. ($5,350.00) Invoice Date Description Amount

VOIDED-CHECK NOT RECEIVED
3230 07/19/2022 REPAIR KITCHEN REFRIGERATOR-EL ENCANTO $5,350.00 79112 10/13/2022 11/02/2022 ELIZABETH CORIA ($2,971.51) Invoice Date Description Amount

VOIDED-CHECK NOT RECEIVED
09/28/2022 09/28/2022 SETTLEMENT AGREEMENT $2,974.51
79256 10/27/2022 10/2712022 THE TECHNOLOGY DEPOT ($11,064.23) Invoice Date Description Amount

VOIDED-INCORRECT INVOICE PAID
19676 10/01/2022 CLOUD CONNECT-HOMESTEAD $154.00
19697 10/01/2022 CLOUD CONNECT VEEAM-NOV 2022 $263.34
19694 10/01/2022 CLOUD CONNECT-SHERIFF'S BLDG $287.25
19695 10/01/2022 CLOUD CONNECT UNAAS-NOV 2022 $727.23
19691 10/01/2022 VEEAM DRAAS DATA BACKUP-NOV 2022 $1,048.80 19692 10/01/2022 PLATINUM CYBER PROTECTION-NOV 2022 $707.55 19693 10/01/2022 CLOUD CONNECT DATA STORAGE-NOV 2022 $1,345.50 19698 10/01/2022 ADD'L DELL SVC-NOV 2022 $2,624.50
CITY OF INDUSTRY P. 7

WELLS FARGO VOIDED CHECKS
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
-
19696 10/01/2022 VIRTUAL VITA PLUS-NOV 2022 $1,742.33
4977136 10/01/2022 STORAGE BOX RENTAL-TONNER CYN $421.40 19514 09/01/2022 VIRTUAL VITA PLUS-OCT 2022 $1,742.33
Checks Status Count Transaction Amount
Total 4 ($33,639.39)
CITY OF INDUSTRY P. 8

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79263 10/27/2022 THE TECHNOLOGY DEPOT $10,642.83
Invoice Date Description • Amount
19676 10/01/2022 CLOUD CONNECT-HOMESTEAD $154.00
19697 10/01/2022 CLOUD CONNECT VEEAM-NOV 2022 $263.34
19694 10/01/2022 CLOUD CONNECT-SHERIFF'S BLDG $287.25
19695 10/01/2022 CLOUD CONNECT UNAAS-NOV 2022 $727.23
19691 • 10/01/2022 VEEAM DRAAS DATA BACKUP-NOV 2022 $1,048.80 19692 10/01/2022 PLATINUM CYBER PROTECTION-NOV 2022 $707.55 19693 10/01/2022 CLOUD CONNECT DATA STORAGE-NOV 2022 $1,345.50 19698 10/01/2022 ADD'L DELL SVC-NOV 2022 $2,624.50
19696 10/01/2022 VIRTUAL VITA PLUS-NOV 2022 $1,742.33
19514 09/01/2022 VIRTUAL VITA PLUS-OCT 2022 $1,742.33
79264 10/27/2022 VALLEY VISTA SERVICES, INC $421.40
Invoice Date Description Amount
4977136 10/01/2022 STORAGE BOX RENTAL-TONNER CYN $421.40 79265 10/26/2022 FIDELITY SECURITY LIFE $1,249.62
Invoice Date Description Amount
165507112 11/01/2022 VISION PREMIUM FOR NOVEMBER 2022 $1,249.62 79266 10/26/2022 HUMANA INSURANCE COMPANY $7,049.38
Invoice Date Description Amount
389690742 10/13/2022 DENTAL PREMIUM FOR NOVEMBER 2022 $7,049.38 79267 10/26/2022 L A COUNTY REGISTRAR- $75.00
CITY OF INDUSTRY P. 9

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
10/19/22 10/19/2022 FILING FEE-NOTICE OF EXEMPTION FOR ORDINANCE $75.00 79268 10/26/2022 MUTUAL OF OMAHA - PAYMENT $6,564.57
Invoice Date Description Amount
1432015078 11/01/2022 LIFE INS PREMIUM FOR NOVEMBER 2022 $6,564.57 79269 10/26/2022 SPARKLETTS $238.70
Invoice Date Description Amount
21654939 102122 10/21/2022 WATER DELIVERY $238.70
79270 10/26/2022 UNUM LIFE INSURANCE COMPANY $8,060.00
Invoice Date Description Amount
11/1-11/30/22 10/18/2022 LONG TERM CARE PREMIUM FOR NOVEMBER 2022 $8,060.00 79271 10/26/2022 WELLS FARGO $11,973.95
Invoice Date Description Amount
9/1-10/3/22 10/03/2022 CREDIT CARD EXPENSE P/E 10/3/22 $11,973.95 79272 10/26/2022 AL'S MECHANICAL INC. $5,350.00
Invoice Date Description Amount
3230 07/19/2022 REPAIR KITCHEN REFRIGERATOR-EL ENCANTO $5,350.00 79273 10/26/2022 AT & T $9.25
Invoice Date Description Amount
2023-00000632 10/01/2022 10/01-10/31/22 SVC - CITY WHITE PAGES $9.25 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79274 10/26/2022 AT & T - $309.30
Invoice Date Description Amount
3142637437 10/01/2022 10/01-10/31/22 SVC - METROLINK T1 CIRCUIT $309.30 79275 10/26/2022 FRONTIER $493.30
Invoice Date Description Amount
2023-00000643 10/02/2022 10/02-11/01/22 SVC - 1015 NOGALES ST $85.70 2023-00000644 10/02/2022 10/02-11/01/22 SVC - IH GOLF COURSE FUEL PUMP $144.99 2023-00000645 10/10/2022 10/10-11/09/22 SVC - 600 BREA CYN RD $262.61 79276 10/26/2022 INDUSTRY PUBLIC UTILITY $17,581.93
Invoice Date Description Amount
2023-00000641 10/13/2022 09/01-09/30/22 SVC - 600 S BREA CYN RD CHARGING $7,720.56 2023-00000642 10/13/2022 09/01-10/01/22 SVC - 600 BREA CYN RD $9,861.37 79277 10/26/2022 SAN GABRIEL VALLEY WATER CO. $2,147.27 Invoice Date Description Amount
2023-00000637 10/13/2022 09/12-10/12/22 SVC - 132 IRRIG PUENTE $480.50 2023-00000638 10/13/2022 09/12-10/12/22 SVC - 123 IRRIG WORKMAN MILL $296.54 2023-00000639 10/13/2022 09/12-10/12/22 SVC - 13756 VALLEY $220.27 2023-00000640 10/14/2022 09/13-10/13/22 SVC - 14329 VALLEY $1,099.69 2023-00000668 10/17/2022 09/14-10/1/4/22 SVC - 336 EL ENCANTO $50.27 79278 10/26/2022 SOUTHERN CALIFORNIA EDISON $650.93
Invoice Date Description Amount
2023-00000633 10/11/2022 09/09-10/10/22 SVC - 575 BALDWIN PARK BLVD U $102.07 2023-00000634 10/11/2022 09/09-10/10/22 SVC - 122 N PUENTE AVE U1 $132.83 CITY OF INDUSTRY P. 11

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2023-00000635 10/12/2022 09/12-10/11/22 SVC - 490 S 7TH AVE $88.27 2023-00000636 10/07/2022 09/01-09/30/22 SVC - 600 S BREA CYN RD $327.76 79279 10/26/2022 VERIZON BUSINESS. $189.44
Invoice Date Description Amount
06347918 10/10/2022 09/01-09/30/22 SVC - VARIOUS SITES $142.38 06347917 10/10/2022 09/01-09/30/22 SVC - VARIOUS SITES $47.06 79280 10/26/2022 VERIZON WIRELESS - LA $1,616.32
Invoice Date Description Amount
9916772098 09/26/2022 08/27-09/26/22 SVC - VARIOUS WIRELESS SVC $1,616.32 79281 10/26/2022 WALNUT VALLEY WATER DISTRICT $7,608.71 Invoice Date Description Amount
4465093 10/10/2022 09/01-09/30/22 SVC - BAKER PKWY METER #1 $335.14 4465094 10/10/2022 09/01-09/30/22 SVC - BAKER PKWY METER #2 $182.24 4465100 10/10/2022 09/01-09/30/22 SVC - GRAND AVE CROSSING $328.71 4465101 10/10/2022 09/01-09/30/22 SVC - GRAND AVE CROSSING $107.22 4465103 10/10/2022 09/01-09/30/22 SVC - 22002 VALLEY BLVD $464.09 4465162 10/10/2022 09/01-09/30/22 SVC - 21627 GRAND CROSSING PKWY $286.55 4465163 10/10/2022 09/01-09/30/22 SVC - 21627 GRAND CROSSING PKWY $275.84 4465859 10/10/2022 09/01-09/30/22 SVC - PUMP STN NAW CHERYL $35.60 4465879 10/10/2022 09/01-09/30/22 SVC - PUMP STN BREA CYN $30.38 4466107 10/10/2022 09/01-09/30/22 SVC - NOGALES PUMP STN $68.16 4464976 10/10/2022 09/01-09/30/22 SVC - IRR 820 FAIRWAY DR $68.16 4465026 10/10/2022 09/01-09/30/22 SVC - LEMON AVE N OF CURRIER RD $89.42 4465139 10/10/2022 09/01-09/30/22 SVC - 60 FWY NITERCHANGE FAIRWAY $32.93 CITY OF INDUSTRY P. 12

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4465060 10/10/2022 09/01-09/30/22 SVC - BREA CYN RD & OLD RANCH RD $79.07 4465076 10/10/2022 09/01-09/30/22 SVC - FERRERO & GRAND EAST RAMP $798.87 4465120 10/10/2022 09/01-09/30/22 SVC - 21350 VALLEY-MEDIAN $126.68 4465121 10/10/2022 09/01-09/30/22 SVC - GRAND CROSSING EAST $91.49 4465122 10/10/2022 09/01-09/30/22 SVC - GRAND CROSSING WEST $66.65 4465123 10/10/2022 09/01-09/30/22 SVC - BAKER PKWY & GRAND NAW CNR $2,955.81 4465130 10/10/2022 09/01-09/30/22 SVC - E/S GRAND S/O BAKER PKWY $146.82 4465136 10/10/2022 09/01-09/30/22 SVC - BREA CYN N OF RR TRKS $328.94 4465137 10/10/2022 09/01-09/30/22 SVC - BREA CYN N OF CURRIER $55.70 4465170 10/10/2022 09/01-09/30/22 SVC - GRAND XING PKWY WIO GRAND $654.24 79282 11/01/2022 AT & T $107.92
Invoice Date Description Amount
2023-00000674 10/17/2022 10/17-11/16/22 SVC - TONNER GUARD SHACK $107.92 79283 11/01/2022 FRONTIER $300.24
Invoice Date Description Amount
2023-00000675 10/16/2022 10/16-11/15/22 SVC - PH AUTO PLAZA $204.55 2023-00000676 10/16/2022 10/16-11/15/22 SVC - BREA CYN PUMP STN $95.69 79284 11/01/2022 LA COUNTY DEPT OF PUBLIC $144.00
Invoice Date Description Amount
10/31/2022 10/31/2022 FOR 8 PRE-CONTRUCTION CORNER RECORDS-DON $144.00 79285 11/01/2022 L A COUNTY REGISTRAR- $118.00
Invoice Date Description Amount
10/31/2022 10/31/2022 FEES FOR LOT LINE ADJ #85-APN 8265-004-114 TO $118.00 79286 11/01/2022 SOCALGAS $42.01
CITY OF INDUSTRY P. 13

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2023-00000690 10/24/2022 09/21-10/20/22 SVC - 13756 VALLEY BLVD $14.30 2023-00000691 10/18/2022 09/15-10/14/22 SVC - 610 S BREA CYN RD $14.40 2023-00000692 10/18/2022 09/15-10/14/22 SVC - 1004 U FAIRWAY DR $13.31 79287 11/01/2022 SOUTHERN CALIFORNIA EDISON $17,116.86
Invoice Date Description Amount
2023-00000678 10/20/2022 09/20-10/19/22 SVC - VARIOUS SITES $67.03 2023-00000679 10/21/2022 09/21-10/20/22 SVC - 1007 LAWSON ST TC1 $68.23 2023-00000680 10/21/2022 09/21-10/20/22 SVC - 1004 U FAIRWAY DR $42.12 2023-00000681 10/21/2022 09/15-10/16/22 SVC - 19001 TONNER CYN RD $27.17 2023-00000682 10/17/2022 09/15-10/16/22 SVC - VARIOUS SITES $4,533.17 2023-00000683 10/17/2022 09/15-10/16/22 SVC - VARIOUS SITES $9,299.32 2023-00000684 10/17/2022 09/15-10/16/22 SVC - VARIOUS SITES $1,348.03 2023-00000685 10/18/2022 09/16-10/17/21 SVC - 900 NOGALES U $1,450.25 2023-00000686 10/17/2022 09/15-10/16/22 SVC - 1023 U FAIRWAY DR PED $61.80 2023-00000687 10/17/2022 09/15-10/16/22 SVC - VARIOUS SITES $24.69 2023-00000688 10/17/2022 09/15-10/16/22 SVC - 1341 FULLERTON RD $87.49 2023-00000689 10/17/2022 09/15-10/16/22 SVC - 15718 RAUSCH RD $107.56 79288 11/01/2022 SOUTHERN CALIFORNIA EDISON $123.26
Invoice Date Description Amount
2023-00000677 10/20/2022 09/15-10/16/22 SVC - 19001 TONNER CYN RD $123.26 79289 11/02/2022 ELIZABETH CORIA $2,974.51
Invoice Date Description Amount
•
CITY OF INDUSTRY P. 14

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
9/28/2022 09/28/2022 SETTLEMENT AGREEMENT $2,974.51
79290 11/10/2022 ADVANTEC CONSULTING $21,356.63
Invoice Date Description Amount
9803-0230-04 10/27/2022 INTELLIGENT TRANSPORTATION SYSTEM $21,356.63 79291 11/10/2022 AL'S MECHANICAL INC. $2,730.00
Invoice Date Description Amount
3345 10/03/2022 REPLACE COMPRESSOR-EL ENCANTO $2,730.00 79292 11/10/2022 ALMA FAMILY SERVICES $2,000.00
Invoice Date Description Amount
101722 10/17/2022 OPERATION GOBLE GOBLE TURKEY DISTRIBUTION $2,000.00 79293 11/10/2022 AMOS ALLIANCE GROUP $1,000.00
Invoice Date Description Amount
10/18/2022 10/18/2022 COVID-19 REIMBURSEMENT-TESTING $1,000.00 79294 11/10/2022 ARAMARK REFRESHMENT $70.96
Invoice Date Description Amount
12751580 09/07/2022 COFFEE SVC & SUPPLIES $70.96
79295 11/10/2022 ARCH INSURANCE COMPANY $116,580.42
Invoice Date Description Amount
#8FAC19-049 11/01/2022 SHERIFF'S STATION SITE PLAN AND MODULAR $51,449.50 #8FAC-19-049B3 11/01/2022 SHERIFF'S STATION SITE PLAN AND MODULAR $71,266.74 CITY OF INDUSTRY P. 15

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79296 11/10/2022 AUTISM INTERACTION SOLUTIONS $2,000.00 Invoice Date Description Amount
22-10-01 10/25/2022 TRAINING PRESENTATION ON AUTISM $2,000.00 79297 11/10/2022 AVANT-GARDE, ING $11,279.30
Invoice Date Description Amount
8045 10/18/2022 GRANT APPLICATIONS FOR BRIDGE INVESTMENT $10,216.80 8057 10/24/2022 STIMSON AVE IMPROVEMENT $1,062.50
79298 11/10/2022 BIGGS CARDOSA ASSOCIATES, INC. $1,457.50 Invoice Date Description Amount
85095 10/05/2022 ANAHEIM-PUENTE RD OVER SAN JOSE CREEK $132.50 85096 10/05/2022 NELSON AVE BRIDGE $397.50
85094 10/05/2022 VALLEY BLVD/SAN GABRIEL RIVER BRIDGE $927.50 79299 11/10/2022 BLAKE AIR CONDITIONING COMPANY $256.83 Invoice Date Description Amount
62938 10/20/2022 AVC MAINT-CITY HALL $256.83
79300 11/10/2022 CAL-STATE SITE SERVICES $269.26
Invoice Date Description Amount
. 229999 10/17/2022 PORTABLE RR RENTAL-EL ENCANTO (COVID 19) $269.26 79301 11/10/2022 CARLYLE ALEXANDER JOHNSTON $680.00
Invoice Date Description Amount
3 10/04/2022 ORGANICS PROCESSING WORK PLAN $680.00
CITY OF INDUSTRY P. 16

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
79302 11/10/2022 CASC ENGINEERING AND $17,147.65
Invoice Date Description Amount
0047412 09/30/2022 IS/MND FOR 20701 CURRIER RD $1,632.00 0047400 09/30/2022 IS/MND OR MND, MMRP-3951 CAPITOL AVE $15,515.65 79303 11/10/2022 CASSO & SPARKS, LLP $237,894.01
Invoice Date Description Amount
20708 10/24/2022 COI-LEGAL FEES FOR AUGUST 2022 $237,894.01 79304 11/10/2022 CELEBRATION HOLIDAY STUDIO $24,500.00
Invoice Date Description Amount
#1CITY-1499 11/01/2022 DEPOSIT-22/23 DECORATIVE LIGHTING PROJECT $24,500.00 79305 11/10/2022 CINTAS CORPORATION LOC 693 $662.77
Invoice Date Description Amount
4134488172 10/17/2022 DOOR MATS $77.19
4134486147 10/17/2022 DOOR MATS $297.61
4135188686 10/24/2022 DOOR MATS $77.19
5130371954 10/26/2022 FIRST AID SUPPLIES $133.59
4135882305 10/31/2022 DOOR MATS $77.19
79306 11/10/2022 CITY OF INDUSTRY $495.17
Invoice Date Description Amount
2023-00000015 09/30/2022 IH FUEL PUMP-CITY HALL VEHICLES $495.17 79307 11/10/2022 CLIFTONLARSONALLEN LLP $10,200.00
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
3471480 10/31/2022 AUDIT SVC FY 21/22 $10,200.00
79308 11/10/2022 CNC ENGINEERING $169,040.00
Invoice Date Description Amount
506399 10/27/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $265.00 506400 10/27/2022 EL ENCANTO ROOF REFURB $540.00
506401 10/27/2022 CITYWIDE SIGNAGE UPDATE $6,290.00
506402 10/27/2022 SITE PLAN FOR SHERIFF TRAILER $6,230.00 506403 10/27/2022 EL ENCANTO IMPROVEMENTS $860.00
506404 10/27/2022 KELLA AVE STORM DRAIN $1,922.50
506405 10/27/2022 FULLERTON RD PCC $783.75
506406 10/27/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $7,450.00 506409 10/27/2022 GENERAL ENG-EMERGENCY VEHICLE PRE-EMPTION $2,987.50 506410 10/27/2022 GENERAL ENG SVC 10/10-10/23/22 $2,422.50 506411 10/27/2022 GENERAL ENG SVC-COUNTER SERVICE $1,300.00 506412 10/27/2022 GENERAL ENG SVC-TRAFFIC $6,032.50
506413 10/27/2022 GENERAL ENG SVC-PLAN APPROVAL $10,260.00 506414 10/27/2022 GENERAL ENG SVC-PERMITS $22,592.50
506415 10/27/2022 ARENTH AVE STREET IMPROVEMENT $10,995.00 506416 10/27/2022 GENERAL ENG SVC 10/10-10/23/22 $66,001.25 506417 10/27/2022 TONNER CYN PROPERTY $350.00
506418 10/27/2022 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $205.00 506419 10/27/2022 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $1,790.00 506420 10/27/2022 COLIMA RD WIDENING $1,062.50
506421 10/27/2022 PUENTE VALLEY OPERABLE UNIT GROUNDWATER $205.00 506422 10/27/2022 STREET LIGHT OPERATIONS & MAINT $360.00 CITY OF INDUSTRY P. 18

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
506423 10/27/2022 CHINO RANCH #1 DAM RENOVATION $10,845.00 506424 10/27/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $360.00 506425 10/27/2022 15660 MAYOR DAVE WAY (YAL BLDG) $462.50 506426 10/27/2022 CITY HALL MAINT $277.50
506427 10/27/2022 CITY HALL MAINT $1,575.00
506431 10/27/2022 EL ENCANTO IMPROVEMENTS AND MAINT $1,520.00 506408 10/27/2022 GENERAL ENG-15010 & 15100 NELSON AVE $680.00 506407 10/27/2022 GENERAL ENG-DEV PLAN FOR IBC BLDGS $2,415.00 79309 11/10/2022 CNC ENGINEERING $95,031.25
Invoice Date Description Amount
506428 10/27/2022 ELECTRIC VEHICLE CHARGING STATIONS-CITY HALL $265.00 506429 10/27/2022 HOMESTEAD MUSEUM IMPROVEMENTS $817.50 10/27/2022 STIMSON AVE CROSSING $3,535.00
506432 10/27/2022 SAN JOSE AVE RECONSTRUCTION $140.00
8T909 10/27/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $660.00 10/27/2022 605 FWY AND VALLEY BLVD INTERCHANGE $5,400.00 506435 10/27/2022 FISCAL YEAR BUDGET $922.50
98t909 10/27/2022 ROWLAND ST RECONSTRUCTION $7,233.75
10/27/2022 FOLLOW'S CAMP PROPERTY $2,042.50
506438 10/27/2022 NELSON AVE INTERSECTION $2,532.50
684909 10/27/2022 MAINT OF 1123 HATCHER AVE $555.00
10/27/2022 CARTEGRAPH MGMT $28,400.00
10/27/2022 HOMESTEAD MUSEUM UPGRADES $3,240.00
506442 10/27/2022 CITYWIDE STREET LIGHT LED UPGRADES $1,455.00 506443 10/27/2022 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $85.00 CITY OF INDUSTRY P. 19

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
506444 10/27/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $2,925.00 506445 10/27/2022 RAUSCH RD SIDEWALK AND PARKING LOT $8,025.00 506446 10/27/2022 ANNUAL PAVEMENT REHABILITATION $9,100.00 506447 10/27/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $3,900.00 506448 10/27/2022 STREET LIGH BANNER INSTALLATION $55.00 506449 10/27/2022 22123 ANNUAL SLURRY SEAL $2,600.00
506450 10/27/2022 RED CURB REFURBISHMENT AT VARIOUS $70.00 506451 10/27/2022 RAILROAD STREET PAVEMENT REHABILITATION $5,340.00 506452 10/27/2022 9TH AVE PAVEMENT REHABILITATION $5,220.00 506453 10/27/2022 SR57/60 CONFLUENCE PROJ $410.00
506454 10/27/2022 TURNBULL CYN RD GRADE SEPARATION $102.50 79310 11/10/2022 CONSILIO, LLC $1,684.16
Invoice Date Description Amount
INV467415 09/30/2022 DOCUMENT MGMT-SEP 2022 $1,684.16
79311 11/10/2022 CREATIVE IMAGE PRODUCTS $1,342.25
Invoice Date Description Amount
1807 10/13/2022 MAGNET CLIP IMPRINT (1,000) $1,342.25
79312 11/10/2022 DAPEER, ROSENBLIT, AND LITVAK, $1,526.60 Invoice Date Description Amount
20748 09/30/2022 GENERAL CODE ENFORCEMENT-SEP 2022 $1,526.60 79313 11/10/2022 DB SALES & SERVICE $9,500.59
Invoice Date Description Amount
CITY OF INDUSTRY P. 20

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
#1CITY-1495 11/01/2022 EL ENCANTO BLOWER REPLACEMENT $9,500.59 79314 11/10/2022 DDL TRAFFIC ING $28,158.12
Invoice Date Description Amount
8078 08/08/2022 EMERGENCY VEHICLE -RE-EMPTIONS INSTALLATION- $28,158.12 79315 11/10/2022 DEPT OF ANIMAL CARE & CONTROL $4,758.64 Invoice Date Description Amount
10/25/2022 10/25/2022 • SHELTER COST-SEP 2022 $4,758.64 79316 11/10/2022 ELEVATE PUBLIC AFFAIRS, LLO $21,000.00 Invoice Date Description Amount
2918 10/17/2022 MEDIA CONSULTING-SEP 2022 $15,000.00
2919 10/17/2022 IBC STRATEGIC CONSULTING-SEP 2022 $6,000.00 79317 11/10/2022 FUEL PROS, INC. $867.18
Invoice Date Description Amount
64956 10/19/2022 INDUSTRY HILLS FUEL STN MAINT $150.00
64779 10/17/2022 REPLACED DISPENSER #3-IND HILLS FUEL STN $717.18 79318 11/10/2022 HARDT, JULIE $157.94
Invoice Date Description Amount
10/18-10/21/22 10/31/2022 REIMBURSE FOR MEALS/TRANS-PAYROLL $157.94 79319 11/10/2022 HDL COREN & CONE $2,870.45
Invoice Date Description Amount
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
SIN022258 10/24/2022 CONTRACT SVC-PROP TAX (OCT-DEC 2022) $2,870.45 79320 11/10/2022 HINDERLITER, DE LLAMAS AND $52,162.06
Invoice Date Description Amount
SIN022125 10/24/2022 AUDIT SVC-SALES TAX (OCT-DEC 2022) $52, 162.06 79321 11/10/2022 INDUSTRY SECURITY SERVICES $65,222.56
Invoice Date Description Amount
14-26935 10/14/2022 ADD'L SECURITY FOR RODEO AT EXPO CENTER $2,088.20 14-26939 10/14/2022 SECURITY SVC-VARIOUS CITY SITES $21,341.44 14-26936 10/14/2022 SECURITY SVG 10/7-10/13/22 $10,299.70 14-26990 10/21/2022 SECURITY SVC-VARIOUS CITY SITES $21,285.02 14-26987 10/21/2022 SECURITY SVC 10-14-10/20/22 $10,208.20 79322 11/10/2022 INTERNATIONAL INSTITUTE OF $210.00
Invoice Date Description Amount
ID#31269-2023 10/13/2022 ANNUAL MEMBERSHIP-JULIE GUTIERREZ-ROBLES $210.00 79323 11/10/2022 JEFF PARRIOTT PHOTOGRAPHIC $3,904.17
Invoice Date Description Amount
COI1022 11/01/2022 PROF SVC-HOMESTEAD $3,904.17
79324 11/10/2022 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
160227 10/18/2022 LEGISLATIVE SVC-OCT 2022 $10,000.00
79325 11/10/2022 KEENAN AND ASSOCIATES $8,976.00
CITY OF INDUSTRY P. 22

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
281052 10/11/2022 P & LCLAIMS ADMIN FEES (JUL-SEP 2022) $8,976.00 79326 11/10/2022 LA COUNTY DEPT OF PUBLIC $5,566.35
Invoice Date Description Amount
IN230000196 10/05/2022 ACCIDENT-ROSE HILLS @ SAN GABRIEL $601.83 IN230000195 10/05/2022 ACCIDENT-GRAND AVE @VALLEY BLVD $272.51 IN230000194 10/05/2022 ACCIDENT-CALIFORNIA AVE @ NELSON AVE $2,633.89 IN230000188 10/05/2022 ACCIDENT-AMAR RD @ ECHELON AVE $67.53 IN230000182 10/05/2022 ACCIDENT-AMAR RD @ ECHELON AVE $121.24 IN230000184 10/05/2022 ACCIDENT-HAMBLEDON @ VALLEY BLVD $1,476.27 IN230000180 10/05/2022 ACCIDENT-AZUSA WAY @ VALLEY BLVD $393.08 79327 11/10/2022 LA COUNTY DEPT OF PUBLIC $68,305.71
Invoice Date Description Amount
IN230000256 10/2712022 BLDG & SAFETY-ONE STOP SHOP FOR AUG 2022 $68,305.71 79328 11/10/2022 L A COUNTY SHERIFF'S $1,006,664.50
Invoice Date Description Amount
230617LL 10/12/2022 SHERIFF CONTRACT-SEP 2022 $1,004,239.42 230772LL 10/17/2022 HELICOPTER SVC-JUL 2022 $2,425.08
79329 11/10/2022 L A COUNTY TAX COLLECTOR $21,901.70
Invoice Date Description Amount
8110-001-273-22 11/01/2022 PROP TAX FY 22/23-220 SAN FIDEL $601.33 8124-012-273-22 11/01/2022 PROP TAX FY 22/23-NORTH OF CAPITAL $3,385.57 CITY OF INDUSTRY P. 23

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
8247-013-270-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $51.02 8262-012-270-22 11/01/2022 PROP TAX FY 22123-PART OF IND HILLS $415.47 8262-012-271-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $373.09 8262-012-272-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $141.72 8262-012-273-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $2,952.85 8262-012-274-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $2,800.93 8262-012-275-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $1,369.47 8262-012-276-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $593.60 8263-008-270-22 11/01/2022 PROP TAX FY 22/23-PART OF IND HILLS $50.22 8263-008-271-22 11/01/2022 PROP TAX FY 22123-PART OF IND HILLS $102.89 8263-027-270-22 11/01/2022 PROP TAX FY 22123-PART OF IND HILLS $401.49 8269-008-270-22 11/01/2022 PROP TAX FY 22/23-WEST OF 57 FWY $6,656.91 8709-027-271-22 11/01/2022 PROP TAX FY 22/23-EAST SIDE $265.03 8760-028-270-22 11/01/2022 PROP TAX FY 22/23-FAIRWAY DR /SAN JOSE $118.14 8206-003-270-2 11/01/2022 PROP TAX FY 22/23-19900 LOMITAS $904.34 8206-003-271-22 11/01/2022 PROP TAX FY 22/23-13910 LOMITAS $717.63 79330 11/10/2022 LA PUENTE VALLEY COUNTY $287.98
Invoice Date Description Amount
BS; 10/22 10/19/2022 WATER MONITORING-BOY SCOUTS RESERVE $287.98 79331 11/10/2022 LAND OF THE FREE FOUNDATION $25,000.00 Invoice Date Description Amount
10/31/2022 10/31/2022 SPONSORSHIP-ANNUAL VETERANS PROGRAM $25,000.00 79332 11/10/2022 LOS ANGELES COUNTY PUBLIC $32,021.51
CITY OF INDUSTRY P. 24

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City Generai Wells Fargo
Invoice Date Description Amount
PW-22091201424 09/12/2022 TRAFFIC SIGNAL MAINT $7,629.92 PW-22091201423 09/12/2022 TRAFFIC SIGNAL MAINT $24,391.59 79333 11/10/2022 MARISOL HERNANDEZ $579.25
Invoice Date Description Amount
10/19-10/21/22 10/31/2022 REIMBURSE FOR TRAVEL EXPENSES-PAYROLL $579.25 79334 11/10/2022 MERRITT'S ACE HARDWARE $62.24
Invoice Date Description Amount
131090 10/19/2022 MISC SUPPLIES-IND HILLS FUEL STN $62.24 79335 11/10/2022 MR PLANT & INTERIOR BOTANICAL $850.00
Invoice Date Description Amount
NOV 19096 11/01/2022 PLANT MAINT-NOV 2022 $850.00
79336 11/10/2022 O'DUFFY BROS., INC $59,932.50
Invoice Date Description Amount
#1CITY-1471 11/01/2022 CHINO RANCH DAM #1-RIPRAP PILOT PROJ AT $59,932.50 79337 11/10/2022 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
441 10/27/2022 JANITORIAL SVC-CITY HALL $5,500.00
442 10/2712022 JANITORIAL SVC-IBC $1,467.00
443 10/27/2022 JANITORIAL SVC-YAL $1,815.00
79338 11/10/2022 PACIFIC CREST YOUTH ARTS $5,000.00
CITY OF INDUSTRY P. 25

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
10/31/2022 10/31/2022 SPONSORSHIP FOR SCHOLARSHIP PROGRAM $5,000.00 79339 11/10/2022 PATHAK, YAMINI $1,134.16
Invoice Date Description Amount
10/18-10/23/22 10/28/2022 REIMBURSE FOR TRAVEL EXPENSES-PAYROLL $1,134.16 79340 11/10/2022 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 Invoice Date Description Amount
043 10/10/2022 FEDERAL ADVOCACY-SEP 2022 $5,000.00
79341 11/10/2022 SAN GABRIEL VALLEY $2,160.00
Invoice Date Description Amount
20221024COI 10/24/2022 LANDSCAPE SVC-TRAIL MAINT $2,160.00 79342 11/10/2022 SANITATION DISTRICTS OF LOS $16,475.05 Invoice Date Description Amount
10/21/2022 10/21/2022 GROUNDWATER PUMP STN WASTEWATER $16,475.05 79343 11/10/2022 SATSUMA LANDSCAPE & MAINT. $139,855.52 Invoice Date Description Amount
1022CH 10/26/2022 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $49,773.71 1022EC 10/26/2022 LANDSCAPE SVC-EXPO CENTER $24,167.27
1022TA 10/26/2022 LANDSCAPE SVC-TEMPLE & AZUSA $29,938.40 1022XROADS 10/26/2022 LANDSCAPE SVC-CROSSROADS PKY NORTH & $35,976.14 79344 11/10/2022 SO CAL INDUSTRIES $90.34
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
596781 10/28/2022 FENCE RENTAL-INDUSTRY HILLS $90.34
79345 11/10/2022 SQUARE ROOT GOLF & LANDSCAPE, $188,659.25 Invoice Date Description Amount
1637H 10/27/2022 LANDSCAPE SVC-VARIOUS CITY SITES $142,658.57 1634ELHM-1 10/27/2022 LANDSCAPE SVC-HOMESTEAD $21,991.80 1635ELHM 10/27/2022 LANDSCAPE SVC-EL ENCANTO $10,568.07 1637H-1 10/27/2022 GRAFFITI REMOVAL $903.23
1637H-2 10/27/2022 SIGN REPAIR & INSTALLATION $1,424.78 1636ELHM 10/27/2022 LANDSCAPE SVC-VARIOUS CITY SITES $11,112.80 79346 11/10/2022 STAPLES BUSINESS ADVANTAGE $598.80
Invoice Date Description Amount
8067935228 10/15/2022 OFFICE SUPPLIES $598.80
79347 11/10/2022 STILLWATER SCIENCES $4,988.50
Invoice Date Description Amount
9180017 10/20/2022 FOLLOW'S CAMP PROJECT $4,988.50
79348 11/10/2022 SYNCHRONY BANK/AMAZON $787.79
Invoice Date Description Amount
S7SQC930-A 10/10/2022 COMMUNITY PROMOTION SUPPLIES $787.79 79349 11/10/2022 THE BIG NORWEGIAN $2,061.99
Invoice Date Description Amount
CITY OF INDUSTRY P. 27

WELLS FARGO BANK
November 10, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
57064 10/26/2022 REPAIR 2000 UTILITY TRAILER-1123 HATCHER $2,061.99 79350 11/10/2022 THE FORKLIFT RENTAL LLC $246.38
Invoice Date Description Amount
10049 10/24/2022 FORKLIFT RENTAL-1123 HATCHER $246.38
79351 11/10/2022 THE TECHNOLOGY DEPOT $417.00
Invoice Date Description Amount
19853 10/20/2022 VEEAM DESTOP/LAPTOP BACKUP $417.00
79352 11/10/2022 TRANSPORTATION & ENERGY $13,500.00
Invoice Date Description Amount
CO1-008-10-10-22 09/10/2022 ON-CALL TRAFFIC ENGINEERING SVC-VARIOUS $13,500.00 79353 11/10/2022 UNITED PARCEL SERVICES, INC $147.37
Invoice Date Description Amount
0000V435E4422 10/15/2022 MESSENGER SVC $13.56
0000V435E4432 10/22/2022 MESSENGER SVC $133.81
79354 11/10/2022 VANGUARD CLEANING SYSTEMS, $937.50
Invoice Date Description Amount
115484 10/01/2022 JANITORIAL SVC-HOMESTEAD $937.50
Checks Status Count Transaction Amount
Total 92 $2,642,164.56

CITY COUNCIL
ITEM NO. 5.2

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Counci! FROM: Joshua Nelson, City Manager Or
STAFF: Sam Pedroza, Assistant City Manager
DATE: November 10, 2022
SUBJECT: Consideration of Resolution CC 2022-48 approving a donation to Delhaven Community Center in the amount of $25,000.00 for its Because We Care Program
Background:

Delhaven Community Center ("Delhaven") is a locally based non-profit organization that works with our community's special needs population, at-risk children, as well as young adults and their families. The organization has been in the community since 1972 and has helped thousands of families with the support services that they offer, including after- school day care, summer camps, free food services, and care for those with special needs.

In 2021, Delhaven expanded their social services efforts by creating the Because We Care program. This program creates a support system for families in the community through social support, facilitation of professional services, financial support, and moral support for those that suffer with mental illnesses, learning disabilities, and those with special needs.

Discussion:

Delhaven summited a request for a donation to continue supporting the Because Ve Care Program. The program will continue to provide mental health services through occupational and physical therapy services. The donation of $25,000.00, along with other fundraising efforts, will support the Because We Care program by providing resources for those in the community that require mental health services.

Fiscal Impact:

In the Fiscal Year 2022/2023 budget, $456,000.00 was approved for Community Promotions and Economic Development. To date we have spent $55,000.00. No appropriations are required at this time (Account No. 100-621-5601).

Recommendation:

Staff recommends that City Council adopt Resolution CC 2022-48 approving a donation of $25,000.00 to Delhaven Community Center.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Exhibit:

A. Resolution CC 2022-48
JN/SP:yp

EXHIBIT A
Resolution CC 2022-48
[Attached]
RESOLUTION NO. CC 2022-48

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

CALIFORNIA, APPROVING A DONATION TO DELHAVEN

COMMUNITY CENTER IN THE AMOUNT OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) FOR THE BECAUSE WE CARE

PROGRAM

RECITALS
WHEREAS, Delhaven Community Center ("Delhaven" is a locally based non- profit organization that works with our community's special needs population, at-risk children, as well as young adults and their families; and WHEREAS, Delhaven expanded its social services efforts by creating a program titled Because We Care. This program was created to provide a support system for families in the community through social support, facilitation of professional services, financial support, and moral support for those that suffer with mental illnesses, learning disabilities, and those with special needs; and
WHEREAS, Delhaven requested a donation from the City to assist with the continuance support of the Because We Care program, and the City desires to provide the assistance; and
WHEREAS, the donation of Twenty-Five Thousand ($25,000.00) will support the Because We Care program in providing the necessary resources to help the community along with their families with mental health services; and WHEREAS, the City's donation serves a public purpose in that Delhaven offers programs that assist the community by offering professional services, financial resources, and moral support; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

SECTION 2. The City's donation serves a public purpose in that Delhaven offers programs that assist the community by offering professional services, financial resources, and moral support.

The City Council hereby approves the donation of Twenty-Five Thousand Dolars ($25, 000.00) to Delhaven Community Centerforthe Because We Care program.

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

SECTION 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on November 10, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk
2 CITY COUNCIL
ITEM NO. 5.3
RESOLUTION NO. CC 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, CONTINUING THE

AUTHORIZATION OF REMOTE TELECONFERENCE
MEETINGS PURSUANT TO AB 361

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

CC 2022-29 on June 11, 2022, Resolution No. CC 2022-31 on July 11, 2022, Resolution No. CC 2022-32 on August 10, 2022, Resolution No. CC 2022-39 on September 9, 2022, and Resolution No. CC 2022-44 on October 9, 2022, finding and determining that the City Council would continue to conduct its meetings without compliance with Government Code §54953(b)(3), as authorized by Government Code §54953(e), and that the City Council would continue to comply with the requirements to provide the public with access to all public meetings as prescribed in §54953(e) (2); and WHEREAS, pursuant to the provisions of AB 361, the City Council hereby finds and determines that the findings set forth in Resolution No. CC 2022-44 remain, and that it is thereby necessary to continue to conduct its meetings without compliance with Government Code §54953(b)(3), as authorized by Government Code §54953(e).

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

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

SECTION 2: The City Council hereby considers the existing conditions of the state of emergency, local officials in Los Angeles County have recommended or imposed measures to promote social distancing in connection with COVID-19. Based on these facts, findings, and determinations, the City Council authorizes staff to conduct remote teleconference meetings of the City Council, under the provisions of Government Code §54953(e).

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

SECTION 4: This Resolution shall take effect November 8, 2022, and shall be effective until the earlier of December 8, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code §54953(e)(3) to extend the time during which the City Council may continue to meet by teleconference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on November 10, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

CITY COUNCIL
ITEM NO. 5.4

CITY OF INDUSTRY
GOT

ANGELES COU

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager Un
STAFF: Mathew Hudson, Engineering Manager
Sean Calvillo, Director of Operations, CNC Engineering
DATE: November 10, 2022
SUBJECT: Consideration of a Cost Sharing Agreement with the Puente Basin Water Agency, for the Phase 1 development of the Groundwater Management Plan for the Puente Basin
Background:

On May 25, 2022, the Puente Basin Water Agency ("PBWA") entered into an agreement with West Yost to develop a Groundwater Management Plan ("GMP") for the Puente Basin. The goal is to maximize the beneficial use of the Puente Basin that could involve imported water supplied from the Metropolitan Water District, treated recycled water, and groundwater from adjacent basins. The main objective is to increase the use of its reliable, local water supplies, and minimize the dependence on less reliable imported water supplies. The GMP will be created by developing an understanding of the physical state of the basin, establish goals for the basin with stakeholders, evaluate alternatives for basin management that includes a water-supply cost model and surface-water model, and finally the preparation and implementation of the final plan.

Discussion:

The City is part of the Puente Basin Watermaster judgement, and is a stakeholder in the Puente Basin. The GMP benefits the City by providing a better understanding of the state of the basin, and potentially increase the use of the basin for non-potable uses. A Cost Sharing Agreement ("Agreement") between the City and PBWA was created to share in the cost of the development of the GMP by West Yost. The City would contribute one third of the total cost which is $64,070.67. The PBWA consist of Rowland Water District and Walnut Valley Water District and will cover the remaining two thirds of the cost.

While the PBWA is directly contracted with West Yost, the City was named as additional insured by West Yost. While West Yost agreed to indemnify the City, there are concerns about indemnification. PBWA drafted it agreement with West Yost to solely include indemnity language or design professionals, however West Yost is not acting in a design professional capacity. Further, as drafted the indemnity language only requires West Yost to indemnify the parties for its negligence, or reckless or willful misconduct, and only requires them to reimburse the indemnified parties in proportion to proven acts of negligence. This language limits the indemnity, and while the City proposed revisions that would offer more protection for both PBWA and the City, PBWA rejected those amendments. However, Staff believes that the development of the GMP is essential to determining the state and future of the Puente Basin, and Staff recommends the City Council approve the Agreement with PBWA to contribute to the cost of the GMP.

Fiscal Impact:

The fiscal impact is $64,070.67. In the adopted FY 2022-2023 budget, $400,000.00 is approved for this work (Account No. 100-624-5120.01) and no additional appropriation is required.

Recommendation:

Approve the Cost Sharing Agreement with Puente Basin Water Agency.

Exhibit:

Cost Sharing Agreement with Puente Basin Water Agency, dated November 10, 2022
JN/MH/SC:as

EXHIBIT A
Cost Sharing Agreement with Puente Basin Water Agency,
dated November 10, 2022
[Attached]

EXHIBIT A

COST SHARING AGREEMENT

PUENTE BASIN GROUNDWATER MANAGEMENT PLAN

1. PARTIES AND DATE.

This Cost Sharing Agreement ("Agreement") is made and entered into this 10th day of November, 2022 ("Effective Date"), by and between the Puente Basin Water Agency ("PBWA"), a joint powers agency consisting of Rowland Water District ("RWD"), a county water district and Walnut Valley Water District ("WVWD"), a California water district; and the City of Industry, a municipal corporation ("City").

PBWA and City are sometimes individually referred to herein as a "Party" and collectively as the "Parties."

2. RECITALS.

Project.

PBWA has engaged a professional engineering consultant, West Yost, a corporation, with its principal place of business at 23692 Birtcher Drive, Lake Forest, CA 92630 ("Consultant"), for the development of Phase I of a Groundwater Management Plan for the Puente Basin ("Project"). Consultant's services shall generally include the following: Develop Phase 1 of a groundwater management plan for the Puente Basin.

This includes: establishing the stakeholder group and the stakeholder process; providing a thorough description of the state of the Puente Basin; and establishing goals for improved management of the basin ("Services"). The Professional Consultant Services Agreement with the Consultant (the "Consultant Agreement") is attached hereto as Exhibit A. Any material change to the Services shall be approved by all Parties in writing. Said Services provide a benefit to the City. The Parties desire to share the costs associated with Consultant's work, and the Parties desire to memorialize the cost sharing as set forth

3. TERMS.

NOW, THEREFORE, the Parties agree as follows:

3.1 Point of Contact.

Erik Hitchman of PBWA shall be designated as the point of contact between the Consultant and the Parties; provided, however, that the Consultant may freely communicate with any Party as necessary to efficiently obtain information or documents needed in connection with the Project.

Term. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, December 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. {084300-01/000/006061453
GMP Cost Sharing Agreement

3.3 Fees and Payments

3.3.1 Cost Sharing. PBWA shall require Consultant to bill PBWA on a time-and-materials basis, as actual work is performed, up to a not-to-exceed amount of One-Hundred and Ninety-Two Thousand, Two Hundred and Twelve Dollars ($192,212.00). The Parties shall be responsible for payments of each invoice, with PBWA paying two-thirds (2/3) of such costs and the City paying one-third (1/3) of such costs.
.3.2 Payment of Compensation. PBWA shall require Consultant t nvoice PBWA each month for actual work performed. and PBWA shall in turn invoici each Party for that Party's share of such fees and costs. Each Party shall pay PBWA such costs within twenty-five (25) days of receipt of PBWA's invoice. PBWA shall pay Consultant in accordance with the terms of its services agreement with Consultant. If any Party disputes any of Consultant's fees it shall give written notice to PBWA within 25 days of receipt of an invoice of any disputed fees set forth on the invoice.

3.3.3 Failure to Pay. If a Party fails to timely pay PBWA as set forth in Section 3.3.2 above, that Party shall thereafter pay PBWA within three (3) calendar days of receipt from PBWA of a final written demand for payment. If that Party does not pay PBWA its respective share within that three (3) day period, then the other Parties that have paid PBWA shall further pay to PBWA their proportionate share of the unpaid amounts (by way of example, if there are three Parties to the Agreement and two of the Parties have paid PBWA and one Party has not, then each of the two Parties that have paid PBWA their respective shares shall contribute to PBWA one-half (1/2) of the total unpaid amount). If the Party that has failed to pay PBWA its share subsequently pays PBWA that share, PBWA shall credit to the other Parties the contributions made pursuant to this paragraph. If such payment is not made within that three (3) calendar day period, PBWA may commence legal action to collect the unpaid amount, and the Party that has failed to pay those costs shall be liable for all costs of collection incurred by PBWA, including attorneys' fees. Within five (5) business days of recovery of such payment, PBWA shall reimburse or credit the other Parties the contributions made pursuant to this

3.3.4 Termination. 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 PBWA at least ten (10) days prior written notice. 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. In the event this Agreement is terminated pursuant to this Section, the City shall pay PBWA the actual value of the work performed by Consultant up to the time of termination, provided that the work performed is of value to the City. Upon termination of this Agreement pursuant to this Section, PBWA shall submit an invoice to the City pursuant to Section 3 of this Agreement. Upon receipt of that notice of termination under this Agreement, PBWA may determine, in its sole discretion, that it desires to either terminate the Consultant Agreement, or to continue {084300-01/000/006061451
GMP Cost Sharing Agreement

with that agreement without the City's participation or involvement and the City shall hereafter not be responsible for any further costs of the Project. In the event PBWA letermines to terminate the Consultant Agreement, it shall do so in accordance witk Section 3.4 of that agreement and the Consultant shall immediately cease all work under the Consultant Agreement, unless PBWA's notice of termination to the Consultant provides otherwise.

3.4 General Provisions.

3.4.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

3.4.2 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.

3.4.3 Invalidity: Severability. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable. Such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

3.4.4 Counterparts; Execution by Fax or E-Mail. This Agreement may be executed in counterparts, effective as of the Effective Date first set forth above. The Parties agree that this Agreement will be considered signed when the signature of a Party is delivered by facsimile or e-mail transmission. Such facsimile or e-mail signature shall be treated in all respects as having the same effect of an original signature.

3.4.5 Waiver. The waiver by any Party 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 any Party unless in writing.

3.4.6 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.

3.4.7 Authority to Execute this Agreement. The person or persons executing this Agreement represent and warrants that he/she has the authority to execute this Agreement on behalf of the party for which the Agreement is being executed, and has the authority to bind that party to the performance of its obligations hereunder. (084300-01/000/00606145)
GMP Cost Sharing Agreement

3.5 Notices.

Any notices which any Party may desire to give to any the other Party under this Agreement must be in writing and may be given either by (1) personal service, (I delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To PBWA: Puente Basin Water Agency
271 S. Brea Canyon Road
Walnut, CA 91789
Attention: Administrative Officer
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
{084300-01/000/006061451
GMP Cost Sharing Agreement

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the Effective Date:

CITY OF INDUSTRY
Joshua Nelson, City Manager
ATTEST:

Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:

James M. Casso, City Attorney

PUENTE BASIN WATER AGENCY
Erik Hitchman, Administrative Officer
{084300-01/000/006061451
GMP Cost Sharing Agreement

Exhibit A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH WEST YOST, DATED MAY 25, 2022
{084300-01/000/006061451

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

IDENTIFICATION
This PROFESSIONAL CONSULTANT SERVICES AGREEMENT, hereinafter referred to as

RECITAL

2.1 Agency desires to engage Consultant to provide Phase 1 of the development of a Groundwater Management Plan for the Puente Basin at a cost of $192,212.

2.2. Consultant has submitted a proposal and the Agency has approved the award of the work to Consultant subject to preparation and execution of a formal agreement.

2.3. Agency and Consultant desire to enter into a contract for Consultant to provide professional services as more specifically delineated in the Scope of Work attached hereto as Exhibit A, subject to the terms and conditions of this Agreement.

AGREEMENT
NOW THEREFORE, in consideration of the promises and covenants hereinafter contained, it is mutually agreed as follows:

3.1 Agency hereby retains Consultant to perform professional Consulting services. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care"). Consultant agrees to perform such services in a timely and professional manner and with due diligence consistent with the Standard of Care. Services performed under the terms of this Agreement shall be assigned to Consultant per their written proposal dated December 3, 2021, attached hereto as Exhibit A and incorporated herein by this reference.

3.2 Insurance. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with its performance of the work hereunder and the results of that work by the Consultant, Consultant's agents, representatives, employees or subconsultants.

3.2.1 Coverage - Coverage shall be at least as broad as the following:

Commercial General Liability (CGL) - Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply

separately to this project/location (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to Agency) or the general aggregate limit shall be twice the required occurrence limit.
(b) Automobile Liability - Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) or if Consultant has no owned autos, Symbol 8 (hired) and 9 (non-owned) with limit of one million dollars ($1,000,000) for bodily injury and property damage for each accident. (C) Workers Compensation Insurance - as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability - Errors and Omissions - Limits not less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater.

3.2.2 Waiver of Subrogation: The insurers) named above agree to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents, authorized volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Consultant for the Agency; but this provision applies regardless of whether or not the Agency has received a waiver of subrogation from the insurer.

3.2.3 If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Agency requires and shall be entitled to the broader coverage and/or 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 Agency, subject to policy terms.

3.2.4 Other Required Provisions - The general liability policy must contain, or be endorsed to contain, the following provisions:

Additional Insured Status: Agency, its commissioners, officers, employees, and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations. (b) Primary Coverage: For any claims related to this project, the Consultant's insurance coverage shall be primary at least as broad as ISO CG 20 01 04 13 as respects the Agency, its commissioners, officers, employees and authorized volunteers. Any insurance or self-insurance maintained by the Agency, its commissioners, officers, employees and authorized volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3.2.5 Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the Agency.

3.2.6 Self-Insured Retentions: Self-insured retentions must be declared to and approved by the Agency. The Agency may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to

provide, that the self-insured retention may be satisfied by either the named insured or Agency.

3.2.7 Acceptability of Insurers: Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII or as otherwise approved by Agency.

3.2.8 Verification of Coverage: Consultant shall furnish the Agency with certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Agency reserves the right to require complete, copies required insurance policies, including policy Declaration pages and Endorsement pages listing all policy endorsements.

3.2.9 Subconsultants: Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the Agency, its commissioners, officers, employees, and authorized volunteers are additional insureds on such subconsultant's Commercial General Liability Coverage.

3.3 Indemnification. To the extent permitted by law, Consultant shall hold harmless and indemnify the Agency, its commissioners, officers, employees and authorized volunteers, against any and all liability, claims, demands, losses, damages or expenses, including reasonable attorney's fees and costs, to the extent caused by the negligent, reckless or willful misconduct of Consultant and its officers, agents or employees in rendering services under this Agreement; but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence or willful acts of the Agency; and does not apply to the passive negligence of the Agency unless caused at least in part by Consultant. Notwithstanding any language to the contrary in this Agreement, Consultant shall only be required to reimburse Agency for defense fees and costs (including reasonable attorney's fees), in proportion to Consultant's proven acts of negligence and further, only to the extent such fees and costs were directly attributable to Agency's defense of a suit based on Consultant's proven negligence. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.

Consultant's obligation to indemnify shall not be limited to insurance proceeds, if any, received by Agency or any of its commissioners, officers, employees, agents,

3.4 Agency shall have the right to terminate this Agreement at any time upon five (5) days written notice to Consultant. In the event of such termination, Agency shall compensate Consultant through the notice date for services actually performed

3.5 Agency shall pay Consultant the compensation in the amount, time, and manner set forth on the attached Exhibit A.

3.6 This Agreement shall not be assigned by Consultant without the written consent of Agency.

3.7 To the extent there is any conflict or inconsistency between the terms of this Agreement and the terms of Consultant's proposal as set forth in Exhibit A, the terms of this Agreement shall govern.

3.8 Written notices shall be deemed to have been given when mailed by the United States mail, postage prepaid, addressed to the parties to this Agreement.

3.9 Consultant shall procure, at their expense, all permits required by governmental authorities and shall comply with all applicable local, state and federal regulations and statutes including Cal-OSHA requirements.

3.10 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age, medical condition, marital status, ancestry, or sexual orientation.

3.11 Agency will make available to Consultant such materials from its files as may be required by Consultant to perform these services. Such materials shall remain the property of the Agency while in Consultant's possession. Upon termination of the Agreement or completion of work under the Agreement, Consultant shall turn over to the Agency any Agency property or materials in its possession and any calculations, notes, reports, electronic files or other materials prepared by Consultant in the performance of these services.

3.12 Agency may utilize any material prepared or work performed by Consultant in any manner, which Agency deems proper without additional compensation to Consultant.

Consultant shall have no responsibility or liability for any revisions, changes or corrections made by Agency or any use or reuse pursuant to this paragraph unless Consultant accepts such responsibility in writing.

3.13 Consultant shall not make public information releases or otherwise publish any information obtained or produced by it as a result of, or in connection with, the Performance of services under the Agreement withcut prior written consent of the

3.14 Consultant shall not publish or use any advertising, sales promotion or publicity in natters relating to services, equipment, products, reports, and material furnished b Consultant in which Adency's name is used or its identity is implied without prio written approval by the Agency.

3.15 At all times during the term of this Agreement, Consultant shall be deemed to be an independent contractor and not an employee of Agency.

3.16 This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein.

3.17 The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. The parties hereto do hereby

consent to the jurisdiction of the California courts in the event any dispute arises in conjunction herewith.

If any provision of this Agreement, or the application thereof under certain circumstances, is held invalid, the remainder of this Agreement, or the application of such provision under other circumstances, shall not be affected thereby and shall remain valid and enforceable.

The signatories to this Agreement represent that they have the authority to execute this Agreement.

3.20 This Agreement has been prepared jointly by the parties. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

The parties hereto have caused this Agreement to be duly executed by its authorized officers.

PUENTE BASIN WATER AGENCY WEST YOST
Ete Ite man
By. By
Erik Hitchman, Administrative Officer
(Print Name/Title)
Date June 7, 2022 Date

EXHIBIT A
23692 Birther Drive 949.420.3030 phone
Lake Forest CA 92630 530.756.5991 fax
MY WEST YOST westyost.com
Water. Engineered.

December 3, 2021 SENT VIA: EMAIL
Erik Hitchman
General Manager
Walnut Valley Water District
271 S. Brea Canyon Road
Walnut CA 91789
SUBJECT: Proposal to Develop a Groundwater Management Plan for the Puente Basin Dear Mr. Hitchman:

Thank you for the opportunity to submit this letter proposal to the Walnut Valley Water District (WVWD) to develop a Groundwater Management Plan (GMP) for the Puente Basin.

West Yost is qualified to develop this plan based on our extensive experience in developing (and implementing) groundwater management plans in southern California, such as in the Six Basins,' the Spadra Basin,? and the Chino Basin. Please feel free to review our experience and deliverables.

BACKGROUND AND PROJECT UNDERSTANDING
The Puente Basin is a relatively small groundwater basin located in eastern Los Angeles County. We understand that the Puente Basin is utilized and managed by the Puente Basin Water Agency (PBWA)-a joint powers authority between WVWD and Rowland Water District-pursuant to the Puente Basin Judgment and the Puente Narrows Agreement with the Upper San Gabriel Valley Municipal Water District.

Currently, groundwater quality in the Puente Basin is not suitable for drinking water, and hence, Puente Basin groundwater is typically utilized for non-potable uses.

We also understand that the PBWA is interested in maximizing the beneficial use of the Puente Basin in a conjunctive manner with its other water resources, which include imported water supplied from the Metropolitan Water District of Southern California, treated recycled water, and groundwater from adjacent basins. One of its main objectives is to increase its use of reliable, local water supplies and decrease its dependence on less reliable, imported water supplies. Hence, WVWD has asked West Yost to prepare this proposal to develop a GMP for the Puente Basin.

Our approach to developing groundwater management plans includes conducting two parallel processes:
an institutional process and an engineering process. The institutional process defines the management 1 Strategic Plan for the Six Basins. 2017. Prepared for the Six Basins Watermaster. 2 Groundwater Sustainability Plan for the Spadra Basin, In progress. Prepared for the Spadra Basin Groundwater Sustainability Agency.
3 Chino Basin Optimum Basin Management Program. 2000; 2020 Update. Prepared for the Chino Basin Watermaster.

Erik Hitchman
December 3, 2021

agenda, directs the engineering process, and builds institutional consensus to implement the GMP. The engineering process develops consensus on the technical understanding of the basin, develops planning data, and evaluates the technical performance of the proposed GMP activities. These two processes are iterative, will provide feedback to each other, and will ensure that the resulting GMP is institutionally and technically feasible, cost-effective, and environmentally sound.

The approach also includes establishing a stakeholder group and involving them in the development of the GMP. While the PWBA will be the ultimate decision maker, stakeholder participation is helpful to ensure that: (i) the needs and wants of all interested parties are considered; (ii) the PBWA understands the ability/authority of the stakeholders to implement best management practices and/or participate in GMP implementation; and (iii) the PBWA can identify potential cost-sharing partners and in-kind services for GMP implementation.

Our recommendation described below is to develop the GMP in a phased approach. The information developed in each phase will inform the scope of work and the associated costs for the subsequent phase.

Based on our past successes in developing groundwater management plans, this is the best and most efficient approach to this type of planning effort.

The proposed phases to develop the GMP include:
• Phase 1 - Describe the State of the Puente Basin and Establish GMP Goals. The objective of this phase is to develop an understanding of the physical state of the basin, and have an informed group of stakeholders, led by the BWA, articulate its goals for improved management of the Puente Basin. To achieve this objective, this phase includes:
- Establishing the stakeholder group and the stakeholder process. — Preparing a detailed description of the physical conditions and water-management setting of the Puente Basin, for both historical and current conditions. A solid understanding of the Puente Basin is essential for the PBWA and stakeholder education and developing consensus on the goals for basin management. — Preparing a description of the goals for improved management of the Puente Basin. • Phase 2 - Evaluate Alternatives for Basin Management. The objective of this phase is to define and evaluate management alternatives and choose a preferred basin management alternative that will become the GMP for the Puente Basin. To achieve this objective, this phase includes:
- Developing modeling tools to evaluate basin-management alternatives. These tools may include a surface-water model, groundwater model, and a water-supply cost model. The decisions on the exact tools to develop and use will be based on the results and recommendations of Phase 1.
— Preparing and evaluating a "Baseline Scenario" which represents the current water- supply plans and groundwater management activities in the Puente Basin over a defined planning horizon.
- Defining and evaluating several "Management Alternatives" over a defined planning horizon. Each alternative will include a mix of one or more projects or programs to enhance groundwater management and achieve the defined goals. — Selecting a preferred Management Alternative for the GMP.

WEST YOST
Erik Hitchman
December 3, 2021

• Phase 3 - Prepare GMP and Implementation Plan. The objective of this phase is to publish a final GMP for the Puente Basin, which will include:
— A description of all work performed to prepare the final GMP. - A GMP Implementation Plan, which will include:
• A description of the roles of the PBWA, its member agencies, and other stakeholders in GMP implementation.
• An opinion on the need for programmatic environmental review. • A description of the institutional and regulatory arrangements that will be necessary for GMP implementation.
• An implementation schedule and cost estimates.
• A description of potential funding sources.

This proposal describes the scope of services and cost estimate for West Yost to perform Phase 1 in the development of the GMP.

SCOPE OF SERVICES: PHASE 1—DESCRIBE THE STATE OF THE PUENTE

BASIN AND ESTABLISH GMP GOALS
The scope of services to Phase 1 includes the following tasks:

Task 1. Establish Stakeholder Group and Process to Obtain Input The objective of this task is to convene a Puente Basin Stakeholder Group (Stakeholder Group) of all interested stakeholders to support the PBWA in the development of the GMP. The purposes of convening the Stakeholder Group are:
• Provide the PBWA with a venue to engage interested stakeholders in the GMP development process.
• Solicit input from the Stakeholder Group as to their issues, needs, and wants. • Provide a venue to educate and inform the interested stakeholders during the GMP development process.
• Understand the ability/authority of the stakeholders to implement best management practices and/or participate in GMP implementation.
• Identify potential cost-sharing partners and in-kind services for future phases of GMP implementation.

Provide a mechanism to receive input on draft deliverables.

The PBWA and West Yost staff will organize and facilitate the Stakeholder Group via the following steps:

Task 1.1 Prepare for and conduct kickoff meeting with PBWA staff In this task, the roles and responsibilities of PBWA and West Yost staff in the execution of Phase 1 will be established. A primary focus of the kickoff meeting is stakeholder outreach and engagement. West Yost will prepare a draft plan for stakeholder outreach and engagement and will lead this meeting with PBWA

WEST YOST
Erik Hitchman
December 3, 2021

staff. The meeting outcome will be a list of action items and responsibilities to identify all potential stakeholders and inform them of the intent to form the Stakeholder Group.

Potential stakeholders include but are not limited to: the Spadra Basin Groundwater Sustainability Agency; Main San Gabriel Basin Watermaster; industrial groups and dischargers; county and city land use planning agencies; Los Angeles County Sanitation Districts; Los Angeles Regional Water Quality Control Board; other Federal, State, and county agencies; Metropolitan Water District of Southern California; Three Valley Municipal Water District; golf course industry groups; and non-governmental organizations (NGOs).

Task 1.2 Assist with preparation of website and public notices In this task, all potential stakeholders will be informed of the PBWA's intent to develop a GMP for the Puente Basin and the opportunities and venues to participate in GMP development. West Yost will assist the PBWA in the development and distribution of the website content, public notices, and email notifications. The initial notification will include the website address and information on the initial public meeting (Task 1.3).

Task 1.3 Prepare for and lead the initial public meeting In this task, West Yost and PBWA staff will prepare for and conduct an initial public meeting of interested stakeholders.* West Yost will assist PBWA staff in preparing the meeting agenda and presentation, in conducting the meeting, and in the collection of stakeholder contact information and input.

A primary purpose of the initial public meeting is to solicit stakeholder input on their issues, needs, and wants in the Puente Basin. This information is collected up front so the PBWA and West Yost can proactively address stakeholder concerns, and potentially incorporate them in the GMP development process.

Task 1.4 Prepare public meeting minutes and stakeholder contact list In this task, West Yost will prepare the public meeting minutes to document stakeholder input, particularly the stakeholder issues, needs, and wants and their desires to participate in the GMP development and its . implementation.

In addition, West Yost will compile a contact list for the Stakeholder Group and prepare an email listserve.

The website and email listserve will be used to keep the Stakeholder Group informed of GMP development progress and opportunities to review and comment on draft deliverables.

Task 2. Describe Conceptual Understanding of the Puente Basin The objective of this task is to achieve consensus amongst the PBWA and stakeholders on the current and historical physical condition and water-management setting within the Puente Basin. The physical condition of the Puente Basin includes but is not limited to: surface-water hydrology; hydrogeology; groundwater production; groundwater levels and storage; historical land use; water use and water disposal; water quality; and land subsidence. The water-management setting of the Puente Basin includes but is not limited to: water demands; water supplies to meet the demands; water use and disposal; and the regulatory setting.

A solid understanding of the Puente Basin is essential for education and developing consensus on the goals for basin management. In addition, this understanding will be useful in the selection of the 4 Meeting will be virtual or in-person at the discretion of the PBWA.

WEST YOST
Erik Hitchman
December 3, 2021

appropriate modeling tools to evaluate basin-management alternatives in Phase 2. West Yost will execute Task 2 via the following steps:

Task 2.1 Prepare hydrologic database and library of reports In this task, a data management system (DMS) will be developed that can store and report information relevant to the development and implementation of the GMP and ongoing monitoring of the basin. West Yost possesses and maintains a DMS, Hydrologic Database and Visual Explanations (HydroDaVEM), that is robust enough to meet these requirements and is practical for the end-users. HydroDaVE is an online, password-protected, environmental database with a map-based user-friendly interface which allows end- users to view and download environmental data. HydroDaVE has the following features and advantages:
• Web-enabled
• Password-protected for security and to allow for custom user-profiles (level of access) • Can house all data necessary for the development and implementation of the GMP • Allows for collaborative management of watershed-scale environmental data sets • Supports advanced data analyses, such as groundwater-levels contouring, modeling studies, etc. • Exports standardized and custom reports/graphical outputs for CASGEM and other programs All historical and current data that are necessary to prepare the GMP will be collected, checked, and uploaded to HydroDaVE, including: GIS layers; well and borehole information; groundwater elevations; groundwater quality; surface-water discharge and quality; and precipitation, among others. A database expert from West Yost will meet with PBWA staff and define user profiles and passwords for PBWA staff and stakeholders during the development of the GMP. HydroDaVE is fully capable of serving the long- term DMS needs of the PBWA during GMP implementation.

All relevant reports that have been published on the Puente Basin will be collected, reviewed, digitized as PDF files if necessary, and uploaded to a project library. These reports include but are not limited to:
scientific publications on the hydrology/hydrogeology of the Puente Basin; legal documents; water- management plans; and regulatory documents.

Task 2.2 Describe GMP Area and Basin Setting
In this task, the data and information collected and reviewed in Task 2.1 will be used to describe the area subject to the GMP (GMP Area) and the Basin Setting. The process to describe the GMP Area and the Basin Setting is summarized below and will include descriptions of the associated basin management challenges.

GMP Area. A description of the GMP Area will be prepared and used to describe the interaction of the GMP with existing jurisdictions, monitoring and management plans, and land use. The description will include:
• Jurisdictional areas and other features. A map will be prepared to display the GMP Area, adjudications, the water supply agencies within basin, and Federal and State land use boundaries.

Existing monitoring and groundwater management programs. A map will be prepared to display all current well locations and the current groundwater/surface-water monitoring network.

WEST YOST
Erik Hitchman
December 3, 2021

• Historical and current land use, water use, and disposal. Maps will be prepared to display the historical and current land use across the Puente Basin, the associated water use, and the current facilities for water supply, conveyance, and disposal. • Water demands and water-supply plans. The historical and future water demands and water-supply plans will be collected from the water purveyors within the GMP Area, and described in tables and charts.

Basin Setting. The Basin Setting is a detailed description of the surface-water and groundwater hydrology of the Puente Basin over a long-term historical period to current conditions, including the identification of data gaps and levels of uncertainty of the description. The Basin Setting description will become the basis for the construction and calibration of modeling tools to evaluate basin management alternatives in Phase 2. Key work efforts of this task include:
• Description of the hydrogeologic conceptual model. Maps will be prepared to display: the surface water system and source/point of imported water supplies; topography and surficial geology; the bottom of the aquifer; soil types and characteristics; areas of recharge and discharge; and aquifer geometry and initial aquifer properties, among others. Up to four profile-view hydrogeologic cross sections will be prepared to illustrate the aquifer geometry, composition, and hydrostratigraphic layering.

Description of the current and historical groundwater conditions. Maps, tables, and charts will be prepared to display: groundwater production; groundwater elevations and groundwater flow directions and how they have changed over time; groundwater quality (TDS, nitrate, other constituents of concern); historical land subsidence; and the location of interconnected groundwater/surface water systems and groundwater dependent ecosystems. A time-series chart will be prepared to reveal the relationships between climate, groundwater production, and groundwater levels.

Description of the current and historical water budget. Initial estimates of the basin's water budget will be made based on the conceptual model. [lt is likely that the water budget will be updated based on the model calibration results over the historical calibration period in Phase 2. The final water budget will be a table that will list, on an annual time-step, the individual recharge and discharge terms for the Puente Basin, the change in storage, and the resultant basin yield.]
• Identification of data gaps. The results of the work described above will be analyzed to identify any data gaps that cause significant uncertainty in the conceptual model.

Task 2.3 Prepare TM 1 - Conceptual Understanding of the Puente Basin In this task, a technical memorandum (TM 1) will be prepared titled Conceptual Understanding of the Puente Basin to describe the GMP Area and Basin Setting. The outline of TM 1 will be:

1. Introduction

2. GMP Area

3. Basin Setting and Data Gaps

4. Summary of Basin Management Challenges

5. Appendix A - Comments and Responses-to-Comments
An administrative draft TM 1 will be prepared by West Yost for internal technical review. A draft TM 1 will be subsequently prepared and provided to PBWA staff and the Stakeholder Group in electronic format

WEST YOST
Erik Hitchman
December 3, 2021

for review and comment. Two weeks following the distribution of draft TM 1, West Yost will prepare for and lead a public meeting to present the draft TM 1 to PBWA staff and the Stakeholder Group. PBWA staff and stakeholder feedback will be recorded at the meeting. PBWA staff and stakeholders will have two weeks following the public meeting to submit written comments and suggested revisions to the draft TM 1. In coordination with PBWA staff, West Yost will update the draft TM 1 to a final TM 1 based on the comments received and will prepare an appendix to the TM that documents all comments and responses- to-comments. The final TM 1 will be distributed to PBWA staff and the Stakeholder Group as an electronic document and will be published on the PBWA website.

Task 2.3 Deliverables
• TM 1 - Conceptual Understanding of the Puente Basin
Task 3. Describe Goals and Concepts for Improved Basin Management The objective of this task is to: (i) prepare an "objective statement" for the GMP and (ii) articulate concepts for improving the management of the Puente Basin.

Task 3.1 Describe goals, basin-management concepts, and next steps In this task, the results of Task 1 will produce a list of the issues, needs, and wants of the PBWA and other stakeholders. The results of Task 2 will include a summary of the basin-management challenges in the Puente Basin. In this task, West Yost will use this information from Tasks 1 and 2 to:
• Prepare a draft GMP objective statement
• Describe various concepts for improving basin management Prepare a draft Scope of Services and cost estimate for Phase 2, which is the process to evaluate various basin-management alternatives and their relative effectiveness at achieving the goals of the objective statement
Task 3.2 Prepare TM 2 -Goals and Concepts for Improved Basin Management A technical memorandum (TM 2) will be prepared titled Goals and Concepts for Improved Basin Management. The outline of the TM will be:

1. Introduction

2. GMP Objectives

3. Concepts for Improved Basin Management

4. Scope of Work and Cost Estimate for Phase 2

5. Appendix A - Comments and Responses-to-Comments
An administrative draft TM 2 will be prepared by West Yost for internal technical review. A draft TM 2 will be subsequently prepared and provided to PBWA staff and the Stakeholder Group in electronic format for review and comment. Two weeks following the distribution of the draft TM, West Yost will prepare for Meeting will be virtual or in-person at the discretion of the PBWA.

WEST YOST
Erik Hitchman
December 3, 2021

and lead a public meeting to present the draft TM 2 to PBWA staff and the Stakeholder Group.® PBWA staff and stakeholder feedback will be recorded at the meeting. PBWA staff and stakeholders will have two weeks following the public meeting to submit written comments and suggested revisions to the draft TM. In coordination with PBWA staff, West Yost will update the draft TM 2 to a final TM 2 based on the comments received and will prepare an appendix to the TM that documents all comments and responses- to-comments. The final TM 2 will be distributed to PBWA staff and the Stakeholder Group as an electronic document and will be published on the PBWA website.

Task 3.2 Deliverables
• TM 2 - Goals and Concepts for Improved Basin Management Task 4. Ad Hoc Meetings and Project Administration
In this task, West Yost will: prepare for and conduct up to five virtual coordination meetings with PBWA staff; coordinate staffing over the duration of the project; and provide monthly invoices and progress reports to PBWA staff of project progress, schedule, and budget status.

PROJECT BUDGET
West Yost's proposed level of effort and fee for each of the tasks and subtasks described for Phase 1 above is shown in Table 1 (Attachment A) with a not-to-exceed budget of $192,212. Table 2 summarizes the cost and total person days by task.

Table 2. Summary of Fee and Labor by Task
Labor - Person
Task Days Fee, dollars
Task 1. , Establish Stakeholder Group and Process to Obtain Input 11.3 22,263 Task 2. Describe Conceptual Understanding of the Puente Basin 62.5 115,216 Task 3. Describe Stakeholder Goals and Concepts for Improved 17.7 36,834 Basin Management
Task 4. Ad Hoc Meetings and Project Administration 8.0 17,799 Total: 99.5 $192,212
The services will be billed on a time-and-materials basis at the billing rates set forth in West Yost's attached 2022 Billing Rate Schedule (Attachment B).
& Meeting will be virtual or in-person at the discretion of the PBWA.

WEST YOST
Erik Hitchman
December 3, 2021

PROJECT SCHEDULE
We estimate that this scope of work can be completed within ten months of a notice-to-proceed. Task 1| will take about two months; Task 2 will take about five months; and Task 3 will take about three months.

Task 4 will occur through the project duration.

STAFFING
Veva Weamer will serve as the lead scientist and project manager and will be responsible for implementing the project per the final approved scope and budget. Ms. Weamer will be supported by West Yost geologists, engineers, and scientists for the implementation of the scope of services. Andy Malone will serve as the technical reviewer and will provide technical support to the project team and QA/QC of all project deliverables. Samantha Adams will serve as the Principal-in-Charge and will also perform technical review.

We appreciate the opportunity to submit this proposal to be of continued service to the WVWD in your efforts to maximize the beneficial use of local water supplies. Please call if you would like to discuss any portion of this proposal or if you require additional information Sincerely,

WEST YOST
Neu Wean ahEme
Veva Weamer Andy E. Malone, PG
Supervising Scientist Principal Geologist
CC: Sherry Shaw, Walnut Valley Water District
Attachment A: Table 1. Line-Item Fee Estimates
Attachment B: West Yost 2022 Billing Rate Schedule

WEST YOST
Attachment Al
Table 1 - Line Item Fee Estimate
Table 1. Line-Item Fee Estimate to Perform Phase 1 of the Development of a Groundwater Management Plan for the Puente Basin Reimbursable Expenses Total Costs
Labor
dollars dollars
Labor Cost
Total
dollars
Task and Subtask
Total
Descriptions Task and
Principal Hydrogeologist II Task Repetition Multiplier Person Travel Sub-Task Scientist Manager I/PIC Days Task Sub-Task Project
Scientist/Engineer! Scientist/Engineer Il Scientist/Engineerl Sub-Task Task Technical Review (Malone) Senior Scientist I| (Weamer) Associate Administrative IV Adams)
Task 1. Establish Stakeholder Group and Process $22,263 $100 $22,363

1.1 Prepare for and conduct kickoff meeting with PBWA staff 1.00 1.00 1.00 3.0 $6,098 $0 $6,098

1.2 Assist with preparation of website and public notices 1.00 0.50 0.50 2.0 $3,749 $0 $3,749

1.3 Prepare for and lead the initial public meeting 1.25 1.75 0.75 0.75 4.5 $9,127 $100 $100 $9,227

1.4 Prepare public meeting minutes and stakeholder contact list 0.25 0.50 0.50 0.50 1.8 $3,289 $0 $3,289 Task 2. Describe Conceptual Understanding of the Puente Basin $115,115 $100 $115,216

2.1 Prepare hydrologic database and library of reports
Collect and review historical reports on Puente Basin 1.00 1.00 2.0 $4,491 $4,491 Collect, compile, and review data (GIS and tabluar data) 1.00 1.50 1.50 4.0 $6,596 $6,596 QA/QC and upload data to database (HydroDaVE) 0.50 1.00 1.00 3.00 5.5 $9,060 $9,060 Prepare project GIS and map templates 0.20 0.50 1.25 2.0 $3,539 so $3,539 Create user profiles for PBWA staff access to online database (HydroDaVE) 0.20 0.2 $422 $422

2.2 Describe GMP Area and Basin Setting
Prepare map of jurisdictional areas and other features 0.20 0.50 0.7 $1,114 $1,114 Prepare map of monitoring and groundwater management programs 0.20 0.50 0.7 $1,114 $2,114 Prepare maps of historical/current land use, water use, and disposal 0.50 0.50 0.50 1.5 $2,583 50 $2,583 Prepare charts/tables of historical/current demands and supply plans 1.00 0.50 1.5 52,945 50 52,945 Prepare map of watersheds tributary to the Puente Basin 0.20 0.50 1 0.7 $1,258 50 $1,258 Prepare charts/graphics to characterize historical precipitation 0.20 0.50 0.7 $1,114 $0 $1,114 Prepare map of surface geology and well locations 0.20 0.50 0.7 $1,114 $0 $1,114 Prepare map of hydrologic soil types 0.20 0.50 0.7 $1,114 $0 $1,114 Prepare map of depth to the bottom of the aquifer 0.20 0.75 1.00 2.0 $3,730 $0 $3,730 Prepare map of aquifer-bottom elevation and hydrogeologic cross sections 0.20 0.50 0.7 $1,258 $0 $1,258 Prepare up to four hydrogeologic cross sections 0.20 1.00 1.50 2.7 $5,094 $5,094 Prepare map of specific yield of aquifer sediments 0.50 1.00 1.5 $2,727 $2,727 Prepare map hydrulic conductivity of aquifer sediments 0.50 1.00 1.5 $2,727 38 8 $2,727 Prepare up to four maps of groundwater elevations and flow directions 0.20 1.00 1.00 1 2.2 $4,258 Prepare table of historical pumping by well 0.20 0.50 1 0.7 $1,258 50 l

WEST YOST
Western Municipal Water District
Proposal
Table 1. Line-Item Fee Estimate to Perform Phase 1 of the Development of a Groundwater Management Plan for the Puente Basin Reimbursable Expenses Total Costs
Labor
dollars dollars
Labor Cost Total
dollars
Task and Subtask Total
Descriptions Task and
Principal Hydrogeologist Il Task Repetition Multiplier Person Travel Sub-Task Scientist Manager I/PIC Project
Scientist/Engineer 1 Scientist/Engineer I| Scientist/Engineer | Days Sub-Task Task Sub-Task Task Technical Review (Malone) Senior Scientist 11 (Weamer) Administrative IV (Adams)
Prepare chart of precipitation, groundwater pumping, groundwater levels 0.20 1.00 1.00 $4,258 $0 $4,258 Prepare map of historical change in groundwater levels 0.20 1.00 1.00 $4,258 $0 $4,258 Prepare up to six maps of current groundwater quality 1.00 0.50 $2,802 $0 $2,802 Prepare table of exceedances of groundwater-quality standards 0.20 0.50 $1,114 so $1,114 Prepare map of point-source groundwater contamination sites 0.20 0.50 $1,114 so $1,114 Prepare map of historical vertical ground motion 0.20 0.20 0.50 $1,702 $o 52,702 Prepare map of shallowest historical depth-to-groundwater and GDEs 0.50 1.00 1 $2,439 so $2,439

2.3 • Prepare TM1 - Conceptual Understanding of the Puente Basin Prepare admin-draft TM1 0.50 5.00 5.00 10.5 $19,772 $O $19,772 Perform internal technical review of admin-draft TM1 1.00 1.0 $2,381 $0 $2,381 Prepare draft TM1 based on internal technical review 1.00 1.00 0.75 2.8 $4,606 $0 $4,606 Distribute draft TM1 to PBWA staff and stakeholders for review/comment 0.20 0.2 $422 $422 Conduct public meeting to review draft TM1 and receive feedback 1.00 1.50 0.50 3.0 $6,349 $100 $100 $6,449 Catalog comments; prepare responses-to-comments 0.50 1.00 0,50 2.0 $4,104 $0| 54,104 Prepare final TM1 with comments/responses as an appendix 0.50 0.50 1.0 $1,858 $0 $1,858 Publish final TM1 to PBWA website and notify all stakeholders 0.20 1 0.2 $422 $0 $422 Task 3. Describe Stakeholder Goals and Concepts for Improving Basin Management $36,734 $100 $36,834

3.1 Describe goals, basin-management concepts, and next steps Prepare a draft GMP objective statement 0.50 0.50 1 1.0 $2,245 $0 $2,245 Describe various concepts for improving basin management 1.00 1.00 1 2.0 $4,491 $O $4,491 Prepare a draft scope-of-work and cost estimate for Phase 2 1.00 2.00 1.00 1 4.0 $8,272 50 $8,272

3.2 Prepare TM2 - Stakeholder Goals & Concepts for Improved Basin Management Prepare admin-draft TM2 0.50 2.00 1.00 3.5 $7,082 $7,082 Perform internal technical review of admin-draft TM2 0.75 1 0.8 $1,786 $1,786 Prepare draft TM2 based on internal technical review 0.20 0.50 0.50 1.2 $1,851 5 8 8 $1,851 Distribute draft TM2 to PBWA staff and stakeholders for review/comment 0.20 0.2 $422 $422 Conduct public meeting to review draft TM2 and receive feedback 1.00 1.50 0.50 3.0 $6,382 $100 $100 $6,482 Catalog comments; prepare responses-to-comments 0.20 0.75 0.20 1 1.2 $2,393 $0 $2,393

WEST YOST
Western Municipal Water District
Proposal
Table 1. Line-Item Fee Estimate to Perform Phase 1 of the Development of a Groundwater Management Plan for the Puente Basin Reimbursable Expenses Total Costs
Labor
dollars dollars
Labor Cost
Total
dollars
Task and Subtask
Total
Descriptions Task and
Principal Hydrogeologist Il Task Repetition Multiplier Person Travel Sub-Task Scientist Manager 1/PIC Project
Technical Review Senior Scientist I| Scientist/Engineer l Scientist/Engineer Il Scientist/Engineer| Administrative IV Days Sub-Task Task Sub-Task Task (Adams) Malonel (Weamer) Associate
Prepare final TM2 with comments/responses as an appendix 0.50 0.20 0.7 $1,389 $0 $1,389 Publish final TM2 to PBWA website and notify all stakeholders 0.20 0.2 $422 $0 $422 Task 4. Ad Hoc Meetings and Project Administration $17,799 $O $17,799 Quarterly coordination with PBWA staff 0.25 0.25 1.5 $3,368 $0 $3,368 Two ad hoc meetings with PBWA staff 0.50 0.50 2.0 $4,491 $4,491 Prepare monthly invoices and progress reports for PBWA staff 0.15 0.30 10 4.5 $9,940 $0 $9,940 Project Totals 2 16 41 15 10 1 99.5 $191,912 | $191,912 $300 $300 $300 $192,212 $192,212

WEST YOST
Western Municipal Water District
nim/c)Wktwr7/3021 3022 Adaptive Prannes
Attachment B
2022 West Yost Billing Rate Schedule
W
2022 Billing Rate Schedule WEST • YOST
(Effective January 1, 2022 through December 31, 2022)* Water. Engineered.

LABOR CHARGES

POSITIONS
(DOLLARS PER HOUR)

ENGINEERING
Principal/Vice President $318
Engineer/Scientist/Geologist Manager 1 / II $301 / $315 Principal Engineer/Scientist/Geologist 1 / I| $272 / $289 Senior Engineer/Scientist/Geologist 1 / II $244 / $256
Associate Engineer/Scientist/Geologist 1 / I| $209 / $224 Engineer/Scientist/Geologist 1 / II $168 / $195
Engineering Aide $98
Field Monitoring Services $90
Administrative I/II /I|I/IV $86 / $109 / $130 / $144

ENGINEERING TECHNOLOGY
Engineering Tech Manager 1 / I| $313 / $315
Principal Tech Specialist I / I| $287 / $297
Senior Tech Specialist I / I| $263 / $275
Senior GIS Analyst $238
GIS Analyst $225
Technical Specialist 1 / 1| / III / IV $168 / $191 / $215 / $240 Technical Analyst | / I| $120 / $144
Technical Analyst Intern $97
Cross-Connection Control Specialist 1 / 1I / III / IV $125 / $136 / $152 / $170 CAD Manager $189
CAD Designer 1 / I| $147 / $166

CONSTRUCTION MANAGEMENT
Senior Construction Manager $304
Construction Manager 1/ II / III / IV $185 / $199 / $211 / $267 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $162 / $180 / $201 / $209 Apprentice Inspector $147
CM Administrative I/ll $79 / $106
Field Services $209
• Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. • Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. • The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost.

Subconsultants will be billed at actual cost plus 10%.

Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. • A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
W
2022 Billing Rate Schedule WEST YOST
(Effective January 1, 2022 through December 31, 2022)* Water. Engineered.

Equipment Charges

EQUIPMENT BILLING RATES
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS - Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
* This schedule is updated annually Page 2 of 2
GMP Cost Sharing Agreement

Exhibit B

AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT

WITH WEST YOST
{084300-01/000/00606145}

AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT Puente Basin Water Agency, a public corporation organized and existing under the provisions of the California Government Code ("Agency") and West Yost ("Consultant") hereby amend the provisions of the Professional Consultant Services Agreement dated May 25, 2022 ("Agreement") into which they previously entered.

The Agreement is amended as follows:

Section 3.2.4(a) is amended with the newly added language underlined and deletion marked as stricken, as follows:
"(a) Additional Insured Status: Agency and the City of Industry, and their respective its commissioners, council members, officers, employees and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations." B. Section 3.3 is amended with the newly added language underlined and deletion marked as stricken, as follows:
"3.3_Indemnification. To the extent permitted by law, Consultant shall hold harmless and indemnity the Agency and the City of Industry ("City"), and their respective its commissioners, council members, officers, employees and authorized volunteers, against any and all liability, claims, demands, losses, damages or expenses, including reasonable attorney's fees and costs, to the extent caused by the negligent, reckless or willful misconduct of Consultant and its officers, agents or employees in rendering services under this Agreement; but this indemnity does not apply to liability for damages rising from the sole negligence, active negligence or willful acts of the Agency and/or the City; and does not apply to the passive negligence of the Agency and/or the City unless caused at least in part by Consultant. Notwithstanding any language to the contrary in this Agreement, Consultant shall only be required to reimburse Agency and/or the City for defense fees and costs (including reasonable attorney's fees), in proportion to Consultant's proven acts of negligence and further, only to the extent such fees and costs were directly attributable to Agency's and/or the City's defense of a suit based on Consultant's proven negligence. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.
084300-01/000/006061497
"Consultant's obligation to indemnify shall not be limited to insurance proceeds, if any, received by Agency or the City or any of ts their respective commissioners, officers, employees, agents, o C. Except as amended by Paragraphs A and B, above, the Agreement shall remain unchanged and in full force and effect.

The parties hereto have caused this Amendment to be duly executed by their respective authorized officers.

PUENTE BASIN WATER AGENCY WEST YOST
He Dth man
By
Erik Hitchman, Administrative Officer
Jeffrey D. Pelz, Vice President
(Print Name/Title)
Date Oct. 4, 2022 Date September 28, 2022
(084300-01/000/00606149)

CITY COUNCIL
ITEM NO. 5.5

CITY OF INDUSTRY
ANGELES 0DU

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager On
STAFF: Mathew Hudson, Engineering Manager
Justin Aguilar, Field Operations, CNC Engineering
DATE: November 10, 2022
SUBJECT: Consideration of Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc., for arborists services, approving a one year extension and increasing compensation by $800,000.00 Background:

On November 12, 2020, the City Council ("City") approved a Maintenance Services Agreement ("Agreement") with WCA for urban forestry tree maintenance services in an amount not-to-exceed $1,200,000.00, through November 12, 2022. The Agreement term was approved for two (2) years, with an option to extend the contract for three (3) additional one (1) year periods.

At the time of the Agreement, WCA offered a baseline tree service, referred to as a standard prune, which it currently had in place for other cities. It was soon realized that the level of tree service provided would not be adequate to service many of the trees in the City that had not received the appropriate level of trimming needed in prior years. The City had to request heavier trimming/pruning of many trees to bring them to a more manageable fullness. The additional work led to additional costs not initially budgeted for.

On December 21, 2022, the City Council approved Amendment No. 1 to the Agreement in order to account for the heavier trimming that was required with an increase in compensation by $1,000,000.00.

Discussion:

The full inventory of City trees is complete now and all trees needing a full prune will have been identified through GPS. At this point, WCA is still working through heavy trimming and pruning throughout the City and should be completed within one year. The Agreement expires on November 12, 2022, however the City may at its sole and exclusive option, grant three, one year extensions. Staff recommends approving the extension along with a companion increase in compensation of $800,000.00, to continue providing the heavy trimming and pruning. Once that this complete, the baseline service should return to standard pruning.

Fiscal Impact:

The fiscal impact for Amendment No. 2 is $800,000. In the adopted Fiscal Year 2022-23 General Fund budget, $4,300,000.00 is approved for this work (Account No. 100-624- 7410).

Recommendation:

It is recommended that the City Council approve Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc.

Exhibit:

A. Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc., dated November 10, 2022
JN/MH/JA:as

EXHIBIT A
Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc., dated November 10, 2022
[Attached]
AMENDMENT NO. 2

TO MAINTENANCE SERVICES AGREEMENT WITH
WEST COAST ARBORISTS, INC.

This Amendment No. 2 to the Maintenance Services Agreement (Agreement) is made and entered into this 10th day of November, 2022, ("Effective Date") by and between the City of Industry ("City"), a municipal corporation, and West Coast Arborists, Inc., a California corporation, ("Contractor"). City and Contractor are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about November 12, 2020, the City Council approved a Maintenance Services Agreement ("Agreement") with Contractor for arborist services; and WHEREAS, on or about December 21, 2021, Amendment No. I was approved due to the unforeseen need to provide heavy trimming and pruning of the trees throughout the City, and an increase in compensation by $1,000,000.00 was needed. It was also necessary to update the address of the City; and
WHEREAS, the Agreement expires November 12, 2022, and the City at its sole and exclusive option may grant a one year extension, therefore the Parties desire to grant a one year extension to allow Contractor to continue to provide arborist services throughout the City.

Additionally, due to the continued need to provide heavy trimming and pruning of the trees, the Parties desire to amend the Agreement to increase the compensation by $800,000.00; and WHEREAS, for the reasons set forth herein, City and Contractor desire to enter into this Amendment No. 2, as set forth below.

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

The first sentence of Section 1, Term, is hereby revised to read in its entirety as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 12, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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

This amount shall not exceed Three Million Dollars ($3,000,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"CITY" "CONTRACTOR"
City of Industry West Coast Arborists, Inc.

By: By: _
Joshua Nelson, City Manager Victor Gonzalez, Vice President Attest:

By: _
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 2

MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. DATED NOVEMBER 12, 2020

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT ("Agreement"), is made and effective as of November 12, 2020 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and West Coast Arborists, Inc., a California corporation ("Contractor"). City and Contractor are hereinafter collectively referred to as the "Parties"

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

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

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 12, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

Notwithstanding the foregoing, City at its sole and exclusive option, may grant three, one (1) year extensions to the Agreement.

2. SERVICES
(a) Contractor shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of City. The Services shall be performed by Contractor, unless prior written approval is first obtained from City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Contractor shall perform all Services in a manner reasonably satisfactory to City served by an entity providing arborist service
Contractor shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not

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

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

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

4. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Million Two Hundred Thousand Dollars ($1,200,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by City. Contractor shal e compensated for any additional services in the amounts and in the manner as agreed t by City and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

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

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

To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Contractor shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code.

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 Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Agreement and require the same of any subcontractors, 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 Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

6. SUSPENSION OR TERMINATION OF AGREEMENT
(a) 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If 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, City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to City pursuant to Section 5 of this Agreement.

7. OWNERSHIP OF DOCUMENTS
(a) Contractor 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. Contractor 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. Contractor 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 City and may be used, reused, or otherwise disposed of by City without the permission of the Contractor.

With respect to computer files, Contractor shall make available to City, at the Contractor's office, and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing

computer files. Contractor 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 Contractor in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Contractor in the performance of the Services pursuant to this Agreement, shall be and remain the property of City.

8. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Contractors Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or SubContractors (or any agency or individual that Contractor 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, Contractor 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 Contractor or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) DUTY TO DEFEND. In the event 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, Contractor shall have an immediate duty to defend City at Contractor's cost or at City's option, to reimburse City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

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

9. INSURANCE
Contractor 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 CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractors exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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 City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Contractor represents and warrants that it is aware of the requirements of Assembly Bill 5, Worker Status: Employees and Independent Contractors, effective January 1, 2020, including the provisions set forth in California Labor Code Section 2750.3.

Contractor agrees to fully comply with the provisions of AB 5 and Labor Code Section 2750.3. Contractor shall indemnify, defend and hold harmless, City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Contractor's or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, failure or alleged failure to comply with the provisions of AB 5 and/or Labor Code Section 2750.3.

11. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

12. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of 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 City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, 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 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 Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from 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 City, unless otherwise required by law or court order. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors 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 City, unless Contractor is prohibited by law from informing City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Contractor 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 Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. 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 (i) mailing in the United States Mail certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To COI: City of Industry
15625 E. Stafford Street
City of Industry, CA 91744
Attention: Troy Helling, City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Contractor: West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Attention: Victor Gonzalez, Vice President

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

Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor 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 subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.

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

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

17. GOVERNING LAWATTORNEYS' FEES
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County,

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

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

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

20. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be 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 Contractor 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 Contractor 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 Contractor represents and warrants that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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" "CONTRACTOR"
City of Industry West Coast Arborists, Inc
By: By_
Troy Helling, City Manager Patrick Mahoney, President
Julie Gutierrez-Robles, City Cterk
Approved as to form:

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

EXHIBIT A

SCOPE OF SERVICES
Contractor shall perform the following arborists services:

The work to be done consists of furnishing all materials, equipment, tools, labor and ncidentals as required for tree pruning, tree removal, tree stump removal and tre eplacement as specified. The minimum number of trees to be pruned annually will be on thousand (1,000). In general, all right-of-way trees on specified streets or neighborhoods will be pruned, with limited exceptions, commonly known as grid pruning. The City will be broken into grids or zones as determined by the City. WCA would be assigned to prune all the trees within that grid/zone before proceeding into the next grid or zone. Rather than assigned one street/block at a time grids help establish larger work areas. At this time the grids/zones have not be determined by the City. Grid pruning services will occur each year on a start date determined by the City, during the month of October after bird nesting season, and be completed prior to the start of bird nesting each February. Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by the City. Contractor will be available for tree removals, stump removals, tree replacements, emergency call-out services, and specialty tree crew rental services on a limited, as-needed basis throughout each year. Contractor will maintain and annually update a digital tree maintenance inventory, which will be the property of the City.

Contractor shall also be required to report to the City any condition that could pose a threat to the public or result in a poor aesthetic such as, but not limited to, low or hanging limbs, and dead, dying or structurally deficient trees.

Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute (ANSI) criteria and the standards and requirements described herein in providing tree services. All of Contractor's personnel engaged in the actual trimming of the trees shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g. ground workers) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner.

Contractor shall conduct all work outlined in this Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from injury or damage to their property.

Contractor shall cooperate fully with the City in the investigation of any accident, injury or death occurring on the property set forth in this Agreement, including a complete

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written report to the City Manager within 24 hours following the incident.

Any damage caused by Contractor shall be repaired or restored at Contractor's expense to a condition similar or equal to that existing before such damage, o Contractor shall repair such damage in a manner acceptable to the City.

GENERAL PROVISIONS

SUPERVISION

CONTRACTOR MUST HAVE A CERTIFIED ARBORIST ON STAFF WHO WILL

SUPERVISE ALL TREE MAINTENANCE SERVICES WORK CONDUCTED AT ANY TIME. Contractor will be required to provide continual supervision for all operations at the job site and will be subject to administrative direction by the City.

INSPECTION
When work in specified areas is completed and ready for final inspection, the Contractor will be required to notify the City. As soon as possible thereafter, City will make the necessary inspection, and determine whether the work has been properly performed and completed in accordance with this Agreement.

WORK SCHEDULE
Contractor will be required to submit a complete schedule of work to be performed to the City at least one (1) week prior to the beginning of the work. Normal working hours will be an eight (8) hour day between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.

Any adjustments to this schedule must be approved by City. Roads known to have heavy traffic periods may be restricted to work between the hours of 9:00 a.m. and 2:00 p.m.

EQUIPMENT
Equipment supplied and used by the Contractor will be maintained in a mechanically sound and safe condition, free from infectious disease or materials. When pruning infected or diseased trees, the Contractor will sterilize pruning tools prior to beginning work on the following tree.

SAFETY
(1) Whenever streets are to be blocked off, City along with the Los Angeles County Sheriffs and Fire Departments will all be notified by Contractor of the locations and length of time the street will be blocked.
(2) Suitable street, sidewalk barriers, signs, traffic cones and other such equipment will be used by the Contractor.

(3) Construction signs: The Contractor will supply each crew of workers, for each work zone, with the California Manual on Uniform Traffic Control Devices ("MUTCD") temporary traffic control elements, at least sign 36 inches by 36 inches, with an appropriate stand for each work site. The sign(s) and traffic controls will be approved by City, prior to commencing work, and follow the information applicable in the Watchbook: Work Area Traffic Control Handbook (latest edition).
(4) It is the sole responsibility of the Contractor to insure the safety of his work. The Contractor will observe all arborist and industrial safety standards.

DAMAGED PROPERTY
Plant material, irrigation systems and other facilities damaged or destroyed by the Contractor will be repaired or replaced at the Contractor's expense.

CONDUCT OF OPERATIONS
(1) Cooperation with others: The Contractor will endeavor to maintain good public relations at all times. The work will be conducted in a manner which will cause the least possible interference with or annoyance to the public. Work will be performed by competent workers supervised by a competent supervisor with experience and training in tree trimming and removal.
(2) Contractor will notify residents) and business(es) of tree removal or trimming a minimum of 24 hours before commencing work.
(3) Complaints: Complaints resulting from the Contractor's operation will be referred to the Contractor for prompt handling and satisfactory adjustment. All such adjustments will be at the Contractor's expense, whether said complaints arise from City authorities, or from private property owners and others.

EXTRA WORK
Extra work will not be performed without prior written approval by City.

PERMITS, FEES AND LICENSES
Contrail fees and licenses necessary for completion of the work will be paid for by the

SPECIAL PROVISIONS

PRUNING STANDARDS
All pruning will follow the Western Chapter - International Society of Arbor Culture Standards. Some exceptions may be implemented by City.

TECHNIQUES
Thinning cuts will be removed at its point of attachment or shortened to a lateral large enough to assume the terminal role.

When shortening a branch or leader, the lateral to which it is cut should be at least one-half the diameter of the cut being made.

Holding cuts, or removing branches to stubs, buds or lateral branches not large enough to assume the terminal role is not allowed.

When removing a branch, pruning cuts should be made in branch tissue close to, but outside, the branch bark ridge. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.

When removing a dead branch, the final cut should be made outside the collar of live callus issue. If the collar has grown out several inches around the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured.

When reducing the length of a branch or the height of a leader, the final cut should be close to, but beyond (not violate) the branch bark ridge of the branch being cut to. The cut should approximately bisect the angle formed by the branch bark ridge and an imaginary line perpendicular to the trunk or branch cut.

During structural pruning the diameter of the branch, at its attachment, will be less than three-fourths the diameter of the parent branch or trunk. If larger, the branch's foliage should be reduced by 15% to 25%, particularly near its terminal. The parent branch will not be thinned as much in order to allow the parent branch to grow at a faster rate and reduce the weight of the lateral branch, slow its total growth, and develop a stronger branch attachment.

If this does not appear appropriate, the branch should be shortened to a large lateral or be completely removed.

On large growing trees, branches that are more than one-third the diameter of the trunk at least 18 inches apart, on center, should have their mass reduced 15% to 25%, particularly near their terminals and/or be shortened. All pruning cuts should be clean and smooth with the bark at the edge of the cut firmly attached to the wood.

All end cuts on main branches will be cut on an angle of no less than 60 degrees so as not to restrict their natural flow of nutrients within the cambium layer.

All removals will include complete stump grinding except where noted otherwise.

TYPES OF PRUNING - MATURE TREES
Crown Cleaning: The removal of dead, dying, diseased, crowded, weakly attached, and low-vigor branches and watersprouts from a tree crown. Crown Thinning: Includes crown

cleaning and the selective removal of branches to increase light penetration and air movement into the crown. Thinning of foliage to reduce the wind-sail effect of the crown and the weight of heavy limbs.

Thinning the crown to emphasize the structural beauty of trunk and specific branches as well as improve the growth of plants beneath the tree by increasing light penetration.

When thinning the crown of mature trees, seldom should more than one-third of the live foliage be removed. At least one-half of the foliage should be on branches that arise in the lower two-thirds of the trees. When thinning laterals from a limb, the lateral branches will be left in the same distribution of foliage along the branch.

An effect known as "lion's-tailing" which results from pruning out the inside lateral branches is not allowed.

Crown Reduction: To reduce the height and/or spread of a tree. Thinning cuts are most eftective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be ~t least one-half the diameter of the cut being made.

Crown Restoration: To improve the structure and appearance of trees that have topped or severely pruned using heading cuts. One to three sprouts on main branch stubs will be selected to reform a more natural appearing crown. A vigorous selected sprout may be thinned to a lateral, headed, to control length growth in order to ensure adequate attachment for the size of the sprout.

Crown Raising: The removal of lower branches of a tree in order to provide clearance for buildings, a clearance of 13 feet -16 feet for vehicular traffic, 11 feet for pedestrian traffic.

The tree will have at least one-half of its foliage on branches that originate in the lower two- thirds of its crown to ensure a well-formed, tapered structure.

View Restoration Trim: The removal of specified branches of a tree in order to provide/restore unobstructed views hindered by City-owned trees.

Clearance Trim: The removal of specified branches of a tree in order to provide adequate clearance for buildings, to the property line or to a specified point.

Minimum Trim: The removal of sucker and waterspout growth and the elevation of tree limbs to City Code heights.

Removals: Trees that are to be removed will be designated by the City only. Trees removed will be cut flush to finish grade or lower. Care will be taken to protect surrounding landscape blants that will be remaining at the completion of the project. Each will be marked at breas! height with orange paint. All tree removals will include complete stump grinding except when determined unnecessary by the City.

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COMPETING PLANT MATERIALS
Competing plant material or plant material clinging to the trunk such as Ivy, volunteer trees, or woody shrubs, will be removed to provide a clear area of at least 18 feet, but not more than 24 inches around the trunk of the tree and the root crown.

CLIMBING TECHNIQUES
Climbing and pruning practices should not injure the tree except for the pruning cuts.

Climbing spurs will not be used when pruning a tree, unless the branches are more than throw-line distance apart. In such cases, the spurs should be removed once the climber is tied in.

Spurs may be used to reach an injured climber and when removing tree.

Rope injury to thin-barked trees from loading out heavy limbs should be avoided by installing a block in the tree to carry the load.

REMOVAL OF BRUSH AND DEBRIS
At the close of each day's operation, the Contractor will be required to keep all street, parkway, sidewalk and yard areas of all property free of debris. Additionally, Contractor will be required to dump all ground wood chips at a site within the City limits to be determined by City. Material that is not ground up (stumps, etc.) must be disposed of at Contractor's

ANNUAL SERVICES MEETING
A mandatory meeting will be held with the Contractor each year prior to commencement of grid pruning to coordinate the annual work program.

RECORDKEEPING
Contractor will be responsible for managing a City tree maintenance database, which will be shared with City staff.

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EXHIBIT B

RATE SCHEDULE

ANNUAL QUANTITY SERVICE DESCRIPTION UNIT PRICE
1,000 Minimum Prune various tree species $83.00
Varies Install15-gallon replacement trees $170.00
Varies Install 24-inch box replacement trees $345.00
Varies Tree removal and stump grinding based on diameter at breast height:
1 - 6 inches $120.00
7 - 12 inches $375.00
13-18 inches $495.00
19-24 inches $850.00
25 or more inches $1,125.00
Varies Stump Grinding Only per Inch $14.00
Varies Crew Hourly Rate (per man hour) $93.00
Varies Emergency Crew Hourly Rate
(per man hour) $123.00

Service Request Tree Pruning: Trees requiring pruning prior to their next regularly scheduled prune will be performed at the following rates based on tree size.

O - 6" DBH PER TREE $89.00
7-12" DBH PER TREE $150.00
13-18" DBH PER TREE $250.00
19-24" DBH PER TREE $395.00
25" DBH & OVER PER TREE $550.00
Pruning for Crown Reduction or Crown Restoration: Crown Reduction is used to reduce vegetation from buildings or other structures, or to improve the appearance of the tree.

Pruning for Crown Restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. The goal of restoration is to improve a tree structure, form, or appearance.

O - 6" DBH PER TREE $89.00
7-12" DBH PER TREE $195.00
13-18" DBH PER TREE $345.00
19-24" DBH PER TREE $495.00
25" DBH & OVER PER TREE $695.00
PALM TREE SKINNING Per Linear Foot $20.00
TREE ONLY REMOVAL Per diameter inch $35.00
Caliper of trees to be measured at 4 feet above soil level. County prepares list of trees to be removed, marks trees, notifies homeowners and submits lists to WCA. WCA prepares internal work order. Crew removes tree and hauls all debris.

TREE PLANTING BASED ON SIZE
Planting includes the tree, stakes, ties and complete installation. Planting lists should be compiled by the Inspector and submitted monthly or as needed. WCA will guarantee the life of the tree for a period of THIRTY (30) calendar days, excluding vandalism and extreme weather conditions. After THIRTY (30) days, the tree will be the responsibility of the City and/or resident.
36-INCH BOX Each $1,200.00
48-INCH BOX Each $2,600.00

TREE WATERING SERVICES per man hour $94.00
A standard tree planting crew consists of 1 person with water truck. Cost of water not included. Price includes traffic control.

EMERGENCY RESPONSE SERVICES per man hour $115.00
(Monday through Friday, 7:00am to 5:00pm; if Contractor is not performing scheduled work in the City)
Price includes personnel required for the response and standard equipment such as an aerial tower, chipper dump truck, a Vermeer chipper, small hand tools, and chainsaws. Cost also includes traffic control, cleanup, hauling away debris and recording the work history.

Insurance, fuel, wages and disposal fees are included as well. Price based on paying the State Prevailing Wage for Tree Maintenance Laborer and providing certified payroll to the City and the State DIR.

EMERGENCY RESPONSE SERVICES per man hour $129.00
(Evenings 5:01pm to 6:59am, Weekends & Holidays)
Price includes personnel required for the response and standard equipment such as an aerial tower, chipper dump truck, a Vermeer chipper, small hand tools, and chainsaws. Cost also includes traffic control, cleanup, hauling away debris and recording the work history.

Insurance, fuel, wages and disposal fees are included as well. Price based on paying the State Prevailing Wage for Tree Maintenance Laborer and providing certified payroll to the City and the State DIR.

Contractor is available for emergency calls on a 24-hour basis. Contractor has a toll-free emergency telephone number to call in the event of an emergency. The City can call 866- LIMB-DOWN (866-546-2369) and one of Contractor's Area Managers will respond to the call. Should an emergency call-out occur during evening hours, weekends and/or holidays, Contractor shall respond and begin work on-site within 90 minutes from the time notification was given. Contractor's emergency response team will do what is necessary to leave the tree site safe until the following workday. No minimum call-out required.

SPECIALTY EQUIPMENT RENTAL per hour $175.00
Contractor can dispatch a variety of specialty equipment including 100-foot crane, 95-foot aerial tower, and/or roll-off trucks with loaders. These pieces of equipment include one operator.

ARBORIST SERVICES INCLUDING REPORT WRITING
(3-hour minimum)
On occasion, the City may require tree evaluations including written reports. Contractor shall provide an hourly rate for an Arborist that can respond to the City's requests) for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations and/or

site inspections. Reporting can be generated on one tree or many trees and is handled on a case-by-case basis. The arborist services set forth herein exclude the arborist services set forth under Exhibit A, Supervision, which are included at no additional cost to the City.

Written Arborist Reports, Per hour $160.00
Level 1 or 2 Risk Assessments, Per Hour $195.00
Level 3 Risk Assessment By proposal
Presentation to City Council, etc., Per Hour $160.00
Laboratory testing (i.e., Soil, limb, etc.) each at cost GPS TREE DATA COLLECTION (Optional)
Collect and record GPS tree inventory data for each City-owned tree. Contractor agrees to provide use of its software program (ArborAccess) at no additional cost, while under an agreement for tree maintenance services. Data will be downloaded from ArborAccess periodically for all tree information and progress updates directly into City's software, Cartegraph. After Contractor is finished, the City shall own all the data in Cartegraph.

Collect 1 - 5,000 trees, Per tree site $5.00
Collect over 5,000 trees, Per tree site $4.00

PLANT HEALTH CARE SERVICES
Tree Canopy Spraying from ground level, per diameter inch $6.00 Tree Canopy Spraying from aerial tower, per diameter inch $6.00 Description: Foliar hydraulic spraying of recommended material.

Insecticide or Fungicide Trunk Banding, per diameter inch $6.00 Description: Trunk spray of recommended material.

PGR Trunk Banding, per diameter inch $6.00
Description: Trunk spray of recommended material to regulate plant growth.

Insecticide or PGR Soil Application (Cambistat), per diameter inch $6.00 Description: Recommended insecticide soil injection or drench material to regulate plant growth.

Insecticide or Fungicide Soil Application, per diameter inch $6.00 Description: Soil applied drench of recommended material.

Soil Injection Fertilization, per diameter inch $6.00
Description: Soil applied injection of recommended material.

Soil Drenching Fertilization, per diameter inch $6.00
Description: Soil application of recommended material.

Trunk Injection (Insecticide/Miticide), per diameter inch $6.00 Description: Trunk injected recommended material.

Trunk Injection (Fungicide), per diameter inch $6.00
Description: Trunk injected recommended material.

Trunk Injection (Insecticide & Fungicide Combo), per diameter inch $8.00 Description: Combination of one time trunk injection of two recommended materials.

Avermectin Class Insecticide Injection, per diameter inch $6.00 Description: Recommended trunk injection of Emamectin benzoate active ingredient.

EXHIBIT C

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

General liability insurance. Contractor shall maintain commercial general liability liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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

Professional liability (errors & omissions) insurance. Contractor 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 Contractor 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. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

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

Proof of insurance. Contractor 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. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise

from or in connection with the performance of the Services hereunder by Contractor, his agents, representatives, employees or subContractors.

Primary/noncontributing. Coverage provided by Contractor 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 City's own insurance or self- 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 Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the altemative, City may cancel this Agreement.

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

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

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

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

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

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, 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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.

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

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

City's right to revise specifications. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor additional
compensation.

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

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

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

CITY COUNCIL
ITEM NO. 5.6

OF INDUSTAY

CITY OF INDUSTRY

ANGELES CO

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: November 10, 2022
SUBJECT: Consideration of Amendment No. 2 to the Agreement with the California Department of Transportation, for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision, north of Gale Avenue, increasing compensation by $260,315.00 (MP 06-11 #21)
Background:

The Los Angeles subdivision railroad crossing at Stimson Avenue is a double-track crossing. Stimson Avenue is a north-south roadway with two lanes in each direction, a center two-way left-turn lane, and sidewalks along both sides. The immediate surrounding area of the crossing is industrial. There are approximately 12 passenger and 38 freight trains a day with a maximum speed of 79 miles per hour. According to the Union Pacific Railroad ("UPRR"), there were seven unsafe motorist behaviors that occurred at this crossing. It is currently equipped with a curb and median-mounted California Public Utilities Commission ("CPUC") Standard 9 (flashing light signal assembly with automatic gate) warning devices, railroad advanced warning signage, and pavement markings on each approach.

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

Section 130 funding can reimburse the actual and direct costs of the design and construction of the improvements recommended which are done subsequent to Caltrans executing a contract and issuing the notice to proceed. The CPUC Rail Crossing Engineering Section staff itemized the safety improvements to be funded under the Section 130 program for the above noted crossing, as developed by the diagnostic team.

The diagnostic team analyzed the existing situation with respect to vehicular travel, bicycle travel, pedestrian pathways and rail traffic, and determined the identified improvements will increase safety and that these improvements are 100% fundable by the Section 130 Program after the issuance of the contract.

The recommended work is contracted through Caltrans. On April 25, 2019, the City Council approved an Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue in an amount of $465,750.00. The City is responsible to perform the project work that includes preparation of final plans, specifications and estimates ("PS&E") and the completion of the project construction.

On February 24, 2022, the City Council approved Amendment No. 1 to increase the funds by $130,000.00, making the total contract value $595,750.00, which Caltrans agreed to reimburse to the City.

Discussion:

On August 29, 2022, the City requested additional funds due to the impacts of the COVID pandemic resulting in the current increases of the cost of materials, labor, and transportation. Caltrans agreed to increase the funds by $260,315.00, making the total contract value $856,065.00.

Fiscal Impact:

There is no direct fiscal impact to the City. The City will pay $856,065.00 to the project and be reimbursed by Caltrans.

Recommendation:

It is recommended that the City Council approve Amendment No. 2 to the Agreement with the Caltrans.

Exhibits:

A. Amendment No. 2 to Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue B. Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019
JN/MH/UJ:as

EXHIBIT A
Amendment No. 2 to Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated November 10, 2022
[Attached]
STATE OF CALIFORNIA Industry Stimson Ave
DEPARTMENT OF TRANSPORTATION Amendment 2
Sheet 1 of 1
September 23, 2022
Item Chapter Budget Act Caltrans Project ID Unit Amount State Fiscal Year 2660-102-0890 2021 0017000245 $260,315.00 2021-22
The funds listed above are available for the period and purpose of the expenditure stated herein and appliable to this amendment.

SERVICE CONTRACT: 75LX320
CONTRACT AMENDMENT 2 PROJECT NUMBER: STPLR-7500(258)
Stimson Avenue, City of Industry CA LOCODE: 5342
The numbers above shall be included with all invoices submitted to Caltrans Caltrans Division of Local Assistance
Office of Federal Programs
P.O. Box 942874, MS 1 Highway Railroad Grade Crossing Safety Program (Section 130) Sacramento, CA 94274-0001
Effective Date of Contract: March 29, 2019
LOCAL AGENCY: City of Industry Expiration Date June 30 2023 ADDRESS: 15625 Mayor Dave Way
Industry, CA 91744 Contract $595,750.00
Phone: (626) 333-2211 Additional Funds Amend #2 $260,315.00 Total Contract $856,065.00
WHEREAS: Service Contract 75LX320 through Amendment 1, provides $595,750 for the design and construction of roadway and pedestrian safety improvements at the grade crossing and intersection of Stimson Avenue and the Union Pacific Railroad Company's tracks; CPUC No. 003-18.30 / LA-2546 / Federal DOT No. 810871U; WHEREAS, the City of Industry received 3 competitive bids for the project on August 17, 2022 and; WHEREAS, the program provides 100% fundings, lowest responsive bidder was about 30% higher than the original engineers estimate and;
WHEREAS, the City has requested additional funding (August 29, 2022) in the amount of $260,315.00.00.

NOW THEREFORE, that all terms and conditions of amended Service Contract No. 75L X320, shall remain in full force and effect except: it is mutually agreed by the parties hereto; the contract dollar amount shall be increased by $260,315.00 of additional funds and total contract value of $856,065.00 for the construction and engineering oversight necessary to compete the safety improvements at Stimson Avenue.

IN WITNESS WHEREOF, the parties have duly executed this contract as of the dates shown below with the effective date shown above.

CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF INDUSTRY By. By.

Bruce Roberts
Cattrans Local A stances
Title_ Section 130 Program Manager Title
Date Date

EXHIBIT B
Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019 [Attached]
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 1 of 12
March 29, 2019
Project ID Object Amount Encumbrance Doc No.

Unit Phase
0017000245 S 049 $465,750 2017/2018 75LX320
3811
Iteni Chapter Statutes Fiscal Yenr
2660-102-0890 14 2017 2017/2018
PROGRAM SUPPLEMENT NO: 75LX320
PROJECT NUMBER: STPLR-7500(258)
Signature of Accounting Offic Date mailed ob: above are to bo placed o livoices which sill be 5117/19 C.0.Bos 942874, MEal and Mass Transportation
Snernmento, CA 94274-0001
LOCAL AGENCY: City of Industry Effective Date of Contract: March 29, 2019 ADDRESS: 225 North Hacienda Boulevard, Suite 222 Or upon signature, whichever is later Industry, CA 91744
Phone: (626) 333-2211 Expiration Date of Contract: March 29, 2022 The City of Industry (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of California. Department of Transportation (hereinafter referred to as Caltrans) in accordance with all applicable laws includin ut not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 an regulations and the provisions of this form including the attached sheets and Exhibits A - D. This Agreement shall be effective March 29, 2019, the date herein as listed or when executed by all parties, whichever is later and is subject to all the terms and conditions thereof. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. All project costs must also comply with the corresponding Exhibit D, E-76 approval dated December 7, 2017. The work is locatec in the City of Industry, at the grade crossing located at the intersection of Stimson Avenue and the Union Pacific Railroad (hereinafter referred to as Railroad) tracks, CPUC No. 003-18.30, Federal DOT No. 810871U. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project).

Total Cost Estimate: $345,000
Engineering/Administration $85,250
Contingency/Inflation Factor: $34,500
TOTAL PROJECT COST: $465,750

TOTAL AMOUNT OF THIS
CONTRACT: $465,750
It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Caltrans.

Further, Caltrans hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and Caltrans, this contract may be modified or terminated at any time.

IN WITNESS WHEREOF, the parties to this contract have hereunto set their hand the year and date first above written.

CITY OF INDUSTRY
AGENT DEPARTNENT OF TRANSPORTATION 4222
By.
4-25-19
STATE OF CALIFORNIA Contract No: 751.X:320
DEPARTMENT OF TRANSPORTATION Sheet 2 of 12
March 29, 2019

1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that might occur if the contract were executed after appropriations are actually made.

2. This contract is valid and enforceable only if sufficient funds are made available to Caltrans bye. the sation, bient the Cal in at eate for to impose of this. conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction of funds.

3. This service contract is for the elimination of hazards at Railroad-Highway intersections (crossings) with funds provided to Caltrans under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Caltrans, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary; Caltrans acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC.

4. The total actual allowable costs reimbursable by Caltrans under this Service Contract, shall not exceed $465,750. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. All Project costs must also comply with the corresponding Exhibit D, E-76 approval dated December 7, 2017.

5. The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Caltrans. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Caltrans until sufficient State or Federal funds have been obligated for the project. State liability pursuant to this contract is limited to the amount set forth in this contract.

6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Caltrans and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. Local Agency agrees to perform its work in accordance with FHWA-1273, a true and correct copy of which is attached hereto. Caltrans is acting as a conduit for disbursement of Federal Surtace Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways.

7. The Local Agency shall comply with the Buy America provisions set forth in 23 CFR 635.410 for the Project, for steel, iron and manufactured goods produced in the United States, subject to the conditions therein set forth.

STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 3 of 12
March 29, 2019

8. Any person, company or corporation who performs construction work authorized under terms of this contract must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement.

9. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located.

10. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction.

11. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to federal law regulation and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad-highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Caltrans by Local Agency as soon as it is executed.

12. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Caltrans' Audits and Investigations.

13. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto.

14. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted.

15. Local Agency invoice procedures shall conform to the California State Department of Transportation, Division of Rail and Mass Transportation, Railroad Crossing Safety Branch's Invoice Guidelines for Local Agencies. Correspondence and/or invoices are to be sent to:

California Department of Transportation, Division of Rail and Mass Transportation, P. O. Box 942874, MS 74, Sacramento, California 94274, if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail and Mass Transportation, 1415 11' Street, MS 74, Sacramento, California 95814.

16. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Caltrans invoices for actual allowable costs incurred consistent with the Exhibit A attached STATE OF CALIFORNIA Contract No: 751.X320
DEPARTMENT OF TRANSPORTATION Sheet 4 of 12
March 29, 2019
hereto. Caltrans will review the invoice for compliance with this contract. Payment will be made by Caltrans to Local Agency within forty-five (45) days of the date of receipt of an invoice by Caltrans, unless disputed. Invoices which are determined not in compliance, or include unallowable costs will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Caltrans as prescribed above.

17. The Local Agency, upon completion of the Project work, will provide to Caltrans a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Caltrans will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that Caltrans previously paid more than its share of said project, Local Agency shall refund the difference between Caltrans' share and the amount paid by Caltrans. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the State of California and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Caltrans' Auditors for a period of three years from Caltrans' date of final payment of aforementioned final invoice. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

18. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Caltrans in the manner hereinafter set forth.

19. Local Agency agrees that the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular 2 CFR 200.

20. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein and made a part hereof.

21. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit B and made a part hereof.

22. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto.

23. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Caltrans for verification and payment.

24. In accordance with the California Public Utilities Commission General Orders, and in cooperation with the Railroad, the Local Agency shall maintain the Project improvements located in its right of way.

STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 5 of 12
March 29, 2019

25. Subject to the availability of labor and material and securing the required and necessary permits and approvals, it is the intent of the parties hereto that all construction work under this service contract shall be completed within three years after the effective date of this contract, unless a time extension is requested by Local Agency and approved in writing by Caltrans. The expiration date of this contract is shown on the face sheet. Costs incurred prior to the effective date of contract or after the expiration date of contract are unallowable and shall not be billed by the Local Agency to Caltrans.

26. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties.

27. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of Caltrans in the form of a formal written amendment.

28. AUDIT: Local Agency agrees that Caltrans or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Local Agency agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

29. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed, injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Caltrans.

30. DISPUTES: Local Agency shall continue to perform under this Contract during any dispute.

31. TERMINATION FOR CAUSE: Caltrans may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination Caltrans may proceed with the work in any manner deemed proper by Caltrans. All costs to Caltrans shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand.

32. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of Caltrans or State.

33. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, STATE OF CALIFORNIA Contract No: 75L•X320
DEPARTMENT OF TRANSPORTATION Sheet 6 of 12
March 29, 2019
national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

34. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

35. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:

1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bil is accepted, it i may a to the realing bod thal rigion it is is sec. 1 or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 7 of 12
March 29, 2019
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

36. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that:
a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."

37. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby.

38. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Public Contract Code Section 10353.

This contract will expire on March 29, 2022. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein.

STATE OF CALIFORNIA Contract No: 75L.X320
DEPARTMENT OF TRANSPORTATION Sheet 8 of 12
March 29, 2019
Exhibit A
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Scope of Work
Reconstruct approximately 50 feet of concrete sidewalk in each of the four approach quadrants.
• Install detectable warning (tactile strips) on all sidewalk approaches.

Replace existing AC pavement with Concrete pavement for approximately 150 feet on both approaches.

Note the CPUC Std 8 and Concrete Panel Surfacing shown on Exhibit C are not part of the work for this contract.

STATE OF CALIFORNIA Contract No: 75LX320
•. ' Sheet 9 of 12

DEPARTMENT OF TRANSPORTATION
March 29, 2019
Exhibit B
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Cost Estimate
Unit
Quantity Unit Cost Total
Work Item
Cold Mill Asphalt Concrete 18000 SF 5 90000
Concrete Pavement 500 TON 75000
Sidewalk (4" PCC) 1600 SF 50 80000
Curb and Gutter 200 LF 75 15000
Striping & Signage 1 LS 15000
Permit and Flagging Fees 1 LS 30000
Mobilization 1 LS 15000
Traffic Control 1 LS 25000
Subtotal $345,000
Contingency 10% 34500
C'onstruction Administration & Inspection 10% 34500
Construction Engineering 15% 51750
Total Cost Estimate $465,750
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 10 of 12
March 29, 2019
Exhibit C
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Drawing
Reconstruct Sidewalk
& Detectable
Warning
- Install CPUC Std S
Install CPUC Std 8
Install Concrete
Panel Surfacing
Repave Approaches
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)

FEDERAL AID PROGRAM ICALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT LOCATION:

PREFIX: STIMSON AVENUE AT THE UPRR CROSSING
PROJECT NO: 7550(258) TYPE OF WORK:

GRADE CROSSING HAZARD ELIMINATION PREV AUTH/ AGREE DATES:

STATE PROJ NO: 0017000245L-N FED RR NO'S: 810871 PE:

AGENCY: INDUSTRY PUC CODES: 003- RAW:

ROUTE: PROJ OVERSIGHT: ASSUMED/LOCAL ADMIN CON:

DISASTER NO: ENV STATUS / DT: CAT EXCL-PROG 11/28/2017 SPR:

TIP DATA RW STATUS / DT: 1 11/28/2017 MCS:

MPO: SCAG INV RTE: OTH:

FSTIP YR: 17/18 BEG MP:

STIP REF END MP:

ESTIP ID NO: null
BRIDGE NO:

PROG CODE LINE NO IMPV TYPE FUNG SYS URBAN AREA URB/RURAL DEMO ID MSSE 30 22
ZS40 30 22

FUNDING SUMMARY

PHASE PROJECT COST FEDERAL COST AC
PREV. OBLIGATION $0.00 $0.00
PE THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
PREV. OBLIGATION $0.00 $0.00
RW THIS REQUEST $0.00 $0.00 DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA SUBTOTAL $0.00 $0.00
PREV. OBLIGATION $0.00 $0.00 E-76 CPUC ID: 003-18.30 Fed Xing ID: 810871U Exhibit D CON THIS REQUEST $1,310,750.00 $1,310,750.00
SUBTOTAL $1,310,750.00 $1,310,750.00
PREV. OBLIGATION $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
TOTAL: $1,310,750.00 $1,310,750.00

STATE REMARKS
11/28/2017 Sequence 1 obligates federal funds to a Section 130 Grade Crossing Hazard Elimination project on the CPUC priority list.

FEDERAL REMARKS

AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST: CON PREPARED IN FADS BY: RIOS, NOEMI ON • Contract No: 75L320 FOR: REVIEWED IN FADS BY: RUIZ, CARLOS
DOCUMENT TYPE: AAGR SUBMITTED IN FADS BY: RUIZ, CARLOS February 28, 2019- PROCESSED IN FADS BY: FOGLE, JERILYNN Sheet 11 of 12
E-76 AUTHORIZED DATE IN FMIS BY: JIYOUNG AHN • ON
SIGNATURE HISTORY FOR PROJECT NUMBER 7500(258) AS OF 05/24/2018

FHWA FMIS SIGNATURE HISTORY
•MOD # SIGNED BY SIGNED ON
JERILYNN FOGLE 12/06/2017
LAMIN WILLIAMS 12/07/2017
JIYOUNG AHN 12/07/2017
• FHWA FMIS 3.0 SIGNATURE HISTORY

CALTRANS SIGNATURE HISTORY

DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE RUIZ, CARLOS 12/01/2017
Note the total amount for this contract is $465,750 DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA E-76 CPUC ID: 003-18,30 Fed Xing ID: 810871U Exhibit D
February 28, 2019 Sheet 12 of 12 Contract No: 75LX320
FHWA-1273 - Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
General 3. A breach of any of the stipulatlons contained in these == Nondiscrimination
III. Nonsegregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions
VI. Subletting or Assigning the Contract
VII. Safely: Accident Preventior Selection of Labor: During the performance of this contra /Ill. False Statements Concerning Highway Projects e contractor shall not use convict labor for any purpos IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.

Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts (Included in Appalachian contracts only) related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

I. GENERAL
In addition, the contractor and all subcontractors must comply

1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR subcontracts (excluding purchase orders, rental agreements Parts 200,230, and 633. and other agreements for supples or services).

The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-lier subcontractor or service provider.

Note: The U.S. Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, In all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29 subcontracts (excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compllance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as for compliance by any subcontractor, lower-tler subcontractor amended (29 USC 794), and Tille VI of the Civil Rights Act of or service provider. 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

Contracting agencles may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the The following provislon is adopted from 23 CFR 230, Appendix Form FHWA-1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S. referenced) in all contracts, subcontracts and lower-tier Department of Labor (US DOL) and FHWA requirements. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth

2. Subject to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35, sections, these contract provisions shall apply to all work 29 FR 1630,29 FR 1625-1627, 41 CR 60 and 49 FR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein, and Imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework, station work, or by subcontract. aclion standards for the contractor's project activities under 1 this contracl. The provisions of the Americans with Disabllities 4. Recrultment: When advertising for employees, the Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer." All such contract. In the execution of this contract, the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systemalic and direc good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of Its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement, the contractor will identify sources of potentlal minority group employees, and establish with such b. The contractor will accept as its operating policy the dentified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration.
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the national origin, age or disability. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, Implementation of such an agreement has the effect of including apprenticeship, pre-apprenticeship, and/or on-the- discriminating against minorilies or women, or obligates the lob training." contractor to do the same, such implementation violates Federal nondiscrimination provisions.

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees lo the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authorty and responsibility to do applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and

3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, nalional cognizant of, and will implement, the contractor's EEO pollcy origin, age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to Insure that working conditions and employee facilities do not indicate discriminatory trealment of project site a. Periodic meelings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months, at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its Implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer.
c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer, covering discrimination. Where evidence is found, the contractor will all major aspects of the contractor's EEO obligatlons within promply take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer In the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action d. Notices and posters selling forth the contractor's EEO within a reasonable lime. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such correclive aclion shall include such other persons. Upon completion of each investigation, the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the altention of employees by means of meetings, employee handbooks, or 6. Training and Promotion:
other appropriate means.
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be almed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, l.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship, and on-the-job training programs for the and Leasing of Equipment: The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex, special provision for training is provided under this contract, national origin, age or disabllity in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potentlal of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion.

10. Assurance Required by 49 CFR 26.13(b):

7. Unions: If the contractor relles in whole or in part upon unions as a source of employees, the contractor will use good a. The regurements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by Increase opportunities for minorities and women. Actions by reference. the contractor, either directly or through a contractor's association acting as agent, will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions, joint training programs aimed administration of DOT-assisted contracts. Failure by the toward quallying more minorities and women for membership contractor to carry out these requirements is a material breach in the unlons and increasing the skills of minorities and women of this contract, which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracling agency deems appropriate.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor, the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have been made to oblain such information. (1) The number and work hours of minority and non- minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, (2) The progress and efforts being made in cooperation through Independent recruitment efforts, fill the employment with unions, when applicable, to increase employment vacancies without regard to race, color, religion, sex, national opportunities for minorities and women; and origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3) The progress and efforts being made in locating, hiring, to provide sufficient referrals (even though it is obligated to training, qualifying, and upgrading minoritles and women; provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project, indicating the number of minority, women, and pursuant to Executive Order 11246, as amended, and these non-minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of

8. Reasonable Accommodation for Applicants / the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision, the contractor 3 will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs July. which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to This provision is applicable to all Federal-aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specifled for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately sel forth the employees are provided In such a manner that segregation on time spent in each classification in which work is performed. the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this use by written or oral policies nor tolerate such use by section) and the Davis-Bacon poster (WH-1321) shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location, under the contractor's control, where it can be easily seen by the workers. the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, b.(1) The contracting officer shall require that any class of time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, Including helpers, which is not listed in storage or dressing areas, parking lots, drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas, transportation, and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate delerminalion. The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criterla have been met:

IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification requested is not performed by a classificallon in the wage determination; and
This section is applicable to all Federal-ald construction projects exceeding $2,000 and to all related subcontracls and lower-lier subcontracts (regardless of subcontract size). (il) The classification Is utilized in the area by the requirements apply to all projects located within the right-of- construction Industry; and way of a roadway that is functionally classified as Federal-ald highway. This excludes roadways functionally classified as (ill) The proposed wage rate, including any bona fide local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contalned in the wage determination. other projects.
(2) If the contractor and the laborers and mechanics to be The following provisions are from the U.S. Department of employed in the classification (if known), or their Labor regulations in 29 CFR 5.5 "Contract provisions and representatives, and the contracting officer agree on the related matters" with minor revisions to conform to the FHWA- classification and wage rate (Including the amount 1273 formal and FHWA program requirements. designaled for fringe benefits where appropriale), a report of the action taken shall be sent by the contracting officer to the

1. Minimum wages Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized a. All laborers and mechanics employed or working upon representative, will approve, modify, or disapprove every the site of the work, will be paid unconditionally and not less additional classification aclion within 30 days of receipt and often than once a week, and without subsequent deduction or so advise the contracting officer or will notify the contracting rebate on any account (except such payroll deductions as are officer within the 30-day period that additional time is permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate (including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the and mechanics. contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for Contributions made or costs reasonably anticipated for bona determination. The Wage and Hour Administrator, or an fide fringe benefits under section 1(b)(2) of the Davis-Bacon authorized representative, will Issue a determination within Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or paid to such laborers or mechanics, subject to the provisions 4 will notify the contracting officer within the 30-day period that Bacon Act, the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the (4) The wage rate (including fringe benefits where laborers or mechanics affected, and records which show the appropriate) determined pursuant to paragraphs 1.b.(2) or costs anticipated or the actual cost incurred in providing such

1.b.(3) of this section, shall be paid to all workers performing benefits. Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification. registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and c. Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination b. (1) The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall sel out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social other third person, the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits Include an individually Identifying number for each employee ( under a plan or program, Provided, That the Secretary of e.g., the last four digits of the employee's social security Labor has found, upon the written request of the contractor, number). The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH-347 Is been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.hlm obligations under the plan or program. or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social

2. Withholding security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevalling wage the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject lo Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements, which is held by the same prime contractor, so records, without weekly submission to the contracting agency... much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a including apprentices, trainees, and helpers, employed by the "Statement of Compliance," signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic, including any apprentice, trainee, or certify the following:
helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under §5.5 (a)(3)(ii) of payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and
complete;

3. Payrolls and basic records
(il) That each laborer or mechanic (Including each
a. Payrolls and basic records relating thereto shall be helper, apprentice, and trainee employed on the contract naintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records hall contain the name, address, and social security number o directly from the full wages earned, other tha ach such worker, his or her correct classification, hourly rate:
of wages pald (including rates of contributions or costs ermissible deductions as sel forth in Regulations, 29 CF anticipated for bona fide fringe benefits or cash equivalents hereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked deductions made and actual.wages pald. Whenever the
Secrefary of Labor has found under 29 CFR 5.5(a)(1)(iv) that he wages of any laborer or mechanic include the amount of ny costs reasonably anticipated in providing benefits under :
5 (3) The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be pald fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance" required by paragraph 3.b.(2) of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classificalion. If the Administrator determines that a different (4) The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, sublect the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
c. The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an required under paragraph 3.a. of this section available for apprenticeship program, the contractor will no longer be inspeclion, copying, or transcription by authorized permitted to ullize apprentices at less than the applicable representatives of the contracting agency, the State DOT, the predetermined rate for the work performed until an acceptable FHWA, or the Department of Labor, and shall permit such program is approved. representatives to interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them avallable, the FHWA may, b. Trainees (programs of the USDOL). after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be cause the suspension of any furlher payment, advance, or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore, failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may Individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training

4. Apprentices and trainees Administration.
a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of In the approved program for the trainee's level of progress, Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services, or with specifled in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certifled by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program assocated with the Apprenticeship Agency (where approprlate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan The allowable ralio of apprentices to journeymen on the job approved by the Employment and Training Administration shall sile In any craft classification shall not be greater than the ratio be pald not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classification of work actually performed. the registered program. Any worker Ilsted on a payroll at an In addition, any trainee performing work on the job site in apprentice wage rate, who is not registered or otherwise excess of the ratio permitted under the registered program employed as stated above, shall be paid not less than the shall be paid not less than the applicable wage rale on the applicable wage rate on the wage determinalion for the wage determination for the work actually performed. classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program, the contractor will no for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an hat in which its program is registered, the ratlos and wage acceptable program is approved. rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered c. Equal employment opportunily. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29 specified in the registered program for the apprentice's level of CFR part 30. progress, expressed as a percentage of the journeymen hourly •
d. Apprentices and Trainees (programs of the U.S. DOT).

V. CONTRACT WORK HOURS AND SAFETY
Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Seclion IV. contract in an amount in excess of $100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safely trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics the particular program.

5. Compliance with Copeland Act requirements. 1. Overtime requirements. contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any
workweek in which he or she is employed on such work to

6. Subcontracts. The contractor or subcontractor shall insert work in excess of forly hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier than one and one-half times the basic rate of pay for all hours subcontracts. The prime contractor shall be responsible for the worked in excess of forly hours in such workweek. compllance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

2. Violation; liability for unpald wages; liquidated
damages. In the event of any violation of the clause set forth

7. Contract termination: debarment. A breach of the in paragraph (1) of this section, the contractor and any contract clauses in 29 CFR 5.5 may be grounds for termination subcontractor responsible therefor shall be liable for the of the contract, and for debarment as a contractor and a unpaid wages. In addition, such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. shall be llable to the United States (in the case of work done under contract for the District of Columbla or a territory, to such

8. Compllance with Davis-Bacon and Related Act District or to such territory), for liquidated damages. Such requirements, liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parls 1, 3, and 5 individual laborer or mechanic, including watchmen and are herein Incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or

9. Disputes concerning labor standards. Disputes arising permilted to work in excess of the standard workweek of forty out of the labor standards provisions of this contract shall not hours without payment of the overtime wages required by the be subject to the general disputes clause of this contract. Such clause set forth In paragraph (1) of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and

7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages. belween the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own action contracting agency, the U.S. Department of Labor, or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any

10. Certification of eligibility. other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work a. By entering into this contract, the contractor certifies that Hours and Safely Standards Act, which is held by the same neither it (nor he or she) nor any person or firm who has an b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). c. The penally for making false statements is prescribed in the subcontracis. The prime contractor shall be responsible for U.S. Criminal Code, 18 Ü.S.C. 1001.

With the causes es orin in paragra ns t rough 4, o this evidenced in writing and that it contains all pertinent provisions VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.

This provision Is applicable to all Federal-ald construction 5. The 30% self-performance requirement of paragraph (1) Is contracts on the National Highway System. not applicable to design-build contracts; however, contracting agencies may establish their own self-performance

1. The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract of the total original contract price, excluding any specially items VII. SAFETY: ACCIDENT PREVENTION designated by the contracting agency. Specially items may be performed by subcontract and the amount of any such This provision Is applicable to all Federal-ald specially items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The The term "perform work with its own organization" refers contractor shall provide all safeguards, safety devices and to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, to be without operators. reasonably necessary to protect the life and health of equipment of a subcontractor or lower tler subcontractor, employees on the job and the safely of the public and to agents of the prime contractor, or any other assignees. protect properly in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract, and shall be made a employees may only be included in this term if the prime condition of each subcontract, which the contractor enters into contractor meets all of the following conditions: pursuant to this contract, that the contractor and any subcontractor shali not permit any employee, in performance (1) the prime contractor mantalns control over the of the contract, to work in surroundings or under conditions supervision of the day-lo-day activilies of the leased which are unsanitary, hazardous or dangerous to his/her employees; health or safety, as determined under construction safely and (2) the prime contractor remains responsible for the quality health standards (29 CFR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U,S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remans ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract the payment of predetermined minimum wages, the that the Secretary of Labor or authorized representative submission of payrolls, statements of compllance and all thereof, shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b. "Specially Items" shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that regures highly specialized knowledge, abilities, or Contract Work Hours and Safety Standards Act (40 equipment not ordinarily avallable in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

2. The contract amount upon which the requirements set forth in paragraph (1) of Section Vl is computed includes the cost of This provision Is applicable to all Federal-aid material and manufactured producis which are to be construction contracts and to all related subcontracts. provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high

3. The contractor shall furnish (a) a competent superintendent degree of rellability on statements and representations made or supervisor who is employed by the firm, has full authorily to by engineers, contractors, suppliers, and workers on Federal- direct performance of the work in accordance with the contract aid highway projects, it is essential that all persons concerned requirements, and is in charge of all construction operations with the project perform their functions as carefully, thoroughly, (regardless of who performs the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the engineering services) as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each

4. No portion of the contract shall be sublet, assigned or Federal-aid highway project (23 CFR 635) in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer, or authorized representative, and such with the project:
consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is "Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first ller participant shall States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be false statement, false representation, or false report as to the considered in connection with the department or agency's character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However, be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in conneclion with the certification or an explanation shall disqualify such a person submission of plans, maps, specifications, contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secrelary of Transportation; or c. The certification In this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered character, quality, quantity, or cost of any work performed or to an erroneous certification, in addition to other remedies be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide Whoever knowingly makes any false statement or false Immediate writen notice to the contracting agency to whom this proposal is submitted If any time the prospective first fler participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
and supplemented; circumstances.

Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred," years or both." "suspended," "ineligible," "participant," "person," "principal," and "voluntarlly excluded," as used in this clause, are defined In 2 CFR Parts 180 and 1200. "First Tier Covered
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transaclions" refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier Federal-ald construction contractor, or subcontractor, as Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter Into any lower tier

2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred, Included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements.
submitting this proposal that it will include the clause titled X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,' EXCLUSION provided by the department or contracting agency, entering Into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,

1. Instructions for Certification - First Tier Participants: debarred, or otherwise ineligible to participate in covered transactions. To verify the ellgibility of its principals, as well as By signing and submitting this proposal, the prospect the eligibility of any lower tier prospective participants, each st ter participant is providing the certification set out bel participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.qov/), which is compiled by the General Services Administration.
9 this transaction originated may pursue avallable remedies, rel including suspension and/or debarment.
rel
c. The prospective lower tier participant shall provide Is immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
the
d. The terms "covered transaction," "debarred,"
pe "suspended," "ineligible," "participant," "person," "principal," eX and "voluntarily excluded," as used in this clause, are defined off In 2 CFR Parts 180 and 1200. You may contact the person to de use which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction belween a grantee or
***** subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" N refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. (such as the prime or general contractor). "Lower Tier its Particinant" refers anv participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). de
pa e. The prospective lower tier participant agrees by
department or agency; submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter Into any lower tier covered transaction with a person who is pr debarred, suspended, declared ineligible, or voluntarily ag excluded from participation in this covered transaction, unless co authorized by the department or agency with which this transaction originated.
stE f. The prospective lower tier participant further agrees by bri submitting this proposal that it will include this clause titled sta "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and Civ In all solicitations for lower tier covered transactions exceeding loc the $25,000 threshold.
pa
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered ap transaction that is not debarred, suspended, ineligible, or (Fi voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, an debarred, or otherwise ineligible to participate in covered transactions, To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each ts: participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.
lov
es h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
lon
i. Except for transactions authorized under paragraph e of wa these Instructions, if a participant in a covered transaction lov knowingly enters into a lower tier covered transaction with a ce person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue avallable remedies, including suspension and/or debarment.
*••* •
Certificatlon Regarding Debarment, Suspension
nellalbillty and Voluntary Exclusion--Lower Tier
Participants:

The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals i presently debarred, suspended, proposed for debarment.
declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
*****
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and bellef, that:
a. No Federal appropriated funds have been pald or will be paid, by or on behalf of the undersigned, to any person for influencing or attempling to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be pald to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
submi standard FormiLi, Declosure oral Reele and
Lobbying," in accordance with its Instructions.

3. The prospeclive participant also agrees by submitting its bid or proposal that the particlpant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11 ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Altachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on-site work.

ROAD CONTRACTS
This provision is applicable to all Federal-ald projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualifled persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficlent execution of the contract work.

For the obligallon of the contractor to offer employment sent or former employees as the result of a lawful collecli bargaining contract, provided that the number of nonresiden! persons employed under this subparagraph (1c) shall no
xceed 20 percent of the total number of employees employer subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicaling (a) the classificalions of the laborers, mechanics and other employees required lo perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the lob order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the Information submitted by the contractor in the original Job order is substantially modified, the participant shall promplly nolify the State Employment Service.

The contractor shall give full consideration to all qualifie b applicants referred to him by the State Employmen
Service. The contractor is not regured to grant employment to any lob applicants who, In his opinion, are not qualified to perform the classification of work required.

4. If. within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon recept of this certificate, the contractor may employ persons who do not ormally reside in the labor area to fill positions covered by the ertificate, notwithslanding the provisions of subparagraph (1‹ above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
12 CITY COUNCIL
ITEM NO. 5.7

OR LOUSY

COALES BUS CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, Gily Manager On
STAFF: Mathew Hudson, Engineer Manager
Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: November 10, 2022
SUBJECT: Consideration of Amendment No. 2 to the Professional Services Agreement with Civiltec Engineering, Inc., for engineering design services for pump station upgrades, extending the term through November 9, 2024, and increasing compensation by $106,169.00
Background:

On August 11, 2017, the City released a Request for Proposals ("RFP") for Preparing Plans, Specifications and Estimate ("PS&E") for the Four Grade Separation Pump Stations project, Contract No. 2017-1031. The RFP was posted on the City's PlanetBids vendor portal, and an email notification was sent out to the pre-qualified potable water, recycled water and stormwater design engineering services bench which included: CASC Engineering and Consulting, Civilsource, Inc., Civiltec Engineering, Inc. ("Civiltec"), Cordoba Corporation, CWE Corp., HR Green, and Kimley-Horn and Associates, Inc.

On November 9, 2017, the City Council approved a Professional Service Agreement ("Agreement") with Civiltec in the amount of $250,444.05, for pump station design services. The scope of work includes the upgrade of the four pump stations listed below in order to correct deficiencies that may exist in each one. The pump stations are located at the following grade separations:

1. Peck Road

2. Hacienda Boulevard

3. Azusa Avenue

4. Grand Crossing Parkway
On July 8, 2021, the City Council approved an Amendment No. 1,extending the term through November 9, 2023, amending the scope of services to include additional hydrology studies for the four pump stations and additional design requirements, along with a companion increase in compensation of $145,818.00. It was also necessary to include language requiring indemnity specific to independent contractors, and revise the addresses for the City and City Attorney's office.

Discussion:

Subsequent plan review comments from Los Angeles County Public Works ("County") required natural gas generators on the Grand Crossing Parkway pump station. Also, coordination of comments and responses from multiple departments within the County has led to numerous revisions and changes to the plans and specifications. Therefore, it is necessary to amend the Agreement to extend the term through November 9, 2024, to allow for completion of the work, and increase compensation by $106,168.18.

Fiscal Impact:

The fiscal impact for Amendment No. 2 is $106,168.18.00. In the adopted Fiscal Year 2022-2023 Capital Improvement Project budget, $250,000.00 is approved (Account No. 120-703-5130) (CIP-GS-18-005-B).

Recommendation:

Staff recommends the City Council approve Amendment No. 2 to the Agreement with Civiltec.

Exhibit:

A. Amendment No. 2 to the Professional Services Agreement with Civiltec Engineering, Inc., dated November 10, 2022
JN/MH/UJ:as

EXHIBIT A
Amendment No. 2 to the Professional Services Agreement with Civiltec Engineering, Inc., dated November 10, 2022
[Attached]
AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING, INC.

This Amendment No. 2 to the Professional Services Agreement (Agreement") is made and entered into this 10th day of November 2022, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and Civiltec Engineering, Inc., a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about November 9, 2017, the Agreement was entered into and executed between the City and Consultant for engineering design services; and WHEREAS, on or about July 8, 2021, Amendment No. 1 was approved, extending the term of the Agreement through November 9, 2023, to allow Consultant to continue providing engineering design services. Additionally, the scope of services was amended to include additional work due to the 30 percent plan check comments from Los Angeles County, that included additional hydrology studies and design modifications to the four pump stations.

Further, a companion budget increase in the amount of $145,818.00 was approved. In order to comply with best practices, it was necessary to amend the Agreement to include indemnity language specific to independent contractors, and addresses for the City Attorney's office and the City were also revised; and
WHEREAS, subsequent plan check comments from Los Angeles County required natural gas generators on the Grand Crossing Parkway pump station. Also, coordination of comments and responses from multiple departments within the County has led to numerous revisions and changes to the plans and specifications. Therefore, it is necessary to amend the Agreement to extend the term through November 9, 2024, to allow for completion of the work and increase compensation by $106,168.18; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

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

Section 1. TERM
Section 1, Term, is hereby revised to read in its entirety as follows:

This Agreement shall commence on Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 9, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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

This amount shall not exceed Five Hundred Two Thousand Four Hundred Thirty Dollars and Twenty-Three Cents ($502,430.23) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Civiltec Engineering, Inc.

By: _ By:

Cory C. Moss, Mayor C. Shem Hawes, Principal
Attest:

By: Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
EXHIBIT A TO AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING INC.

DATED NOVEMBER 9, 2017

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as ot November 9, 2017 ("Effective Date'), between the City of Industry, a municipal corporation (City) and Civiltec Engineering, Inc., a California Corporation ('Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".

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

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

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 9, 2019, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing engineering design services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the

Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (i) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

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

4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred and Fifty Thousand, Four Hundred and Forty-Four Dollars and Five Cents ($250,444.05) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

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

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

In accordance with the requirements of Labor Code Section 1776, Consultant shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Consultant shall make all such records available for inspection at all reasonable hours.

To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Consultant shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code.