CITY OF INDUSTRY
CITY COUNCIL
REGULAR MEETING CAT OF MOUSERE
AGENDA
Mayor Cory C. Moss
* 1957
JULY 11, 2024 ANGELES GONN
9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
Califomia
Addressing the City Council:
< 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 one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Public Comments (Non-Agenda Items): 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 one-minute time limit per person for the Public Comments portion of the Agenda. prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.
Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement.
www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 294 017 888 441
Meeting Passcode: X24mii
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 623 628 257#
n compliance with SB 343, staff reports and other public records permissible for disclosure related to ope ession agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at th office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. 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
JULY 11, 2024
PAGE NO. 1
Call to Order
Flag Salute
AB 2449 Vote on Emergency Circumstances (if necessary)
Roll Call
Presentation
CONSENT CALENDAR
6.1 Consideration of the Register of Demands for July 11, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2 Consideration of Resolution No. CC 2024-32 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO LOS ANGELES SHERIFF'S ATHLETIC
ASSOCIATION IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED
DOLLARS ($1,200.00) FOR THE COMMUNITY PARTNERSHIPS
BUREAU'S FIRST ANNUAL GOLF TOURNAMENT, IN MEMORY OF
JACK THOMAS WOLAK
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-32.
6.3 Consideration of Resolution No. CC 2024-33 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
AUTHORIZING CITY STAFF TO EXECUTE CITY AGREEMENTS AND
ANY AMENDMENTS WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, ON BEHALF OF THE CITY OF INDUSTRY
RECOMMENDED ACTION: Adopt Resolution No., CC
2024-33.
6.4 Consideration of Resolution No. CC 2024-34 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
CONFIRMING THE CONTINUED EXISTENCE OF AN EMERGENCY
CONDITION AT TONNER CANYON, AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE CERTAIN WORK TO
BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO
CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 AND
SECTION 3.52.110 OF THE CITY'S MUNICIPAL CODE, AND
ADOPTING A NOTICE OF COMPLETION FOR THE PROJECT
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-34.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JULY 11, 2024
PAGE NO. 2
Consideration of Amendment No. 3 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2027, revising the scope of services, revising the rate schedule, increasing compensation by $50,000.00, and updating the address for WKE
RECOMMENDED ACTION: Approve the Amendment.
ACTION ITEMS-NONE
PUBLIC HEARINGS-NONE
CLOSED SESSION
9.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of
Industry, CA, 91744 also known as
Assessor Parcel Numbers (portion of)
8247-014-900, (portion of) 8247-013-
8262-001-900, 8262-001-902,
(portion of) 8262-011-930, 8262-011-
931, 8262-012-270, 8262-012- 271,
8262-012-272, 8262-012-273, (portion
of) 8262-012-274, (portion of) 8262-012-
275, 8262-012-276, (portion of) 8262-
015-900, (portion of) 8262-015-901,
8262-015-902, 8262-015-904, (portion
of) 8262-015-905, 8263-008-270, 8263-
008-271, 8263-008-904 and 8263-027-
270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 1123-1135 Hatcher Ave, Industry CA
Assessor Parcel Number 8264-004-908
City Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Puente Hills Ford LLC
Under Negotiation: Price and terms of payment
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JULY 11, 2024
PAGE NO. 3
9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa
LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is Thursday, July 25, 2024, at 9:00 a.m.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
JULY 11, 2024
PAGE NO. 4
CITY COUNCIL
ITEM NO. 6.1
CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF JULY 11, 2024
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 4,726,209.69
103 PROP A FUND 22,954.52
107 MEASURE W FUND 38,944.52
120 CAPITAL IMPROVEMENTS 935,666.20
TOTAL ALL FUNDS 5,723,774.93
BANK RECAP:
BANK NAME DISBURSEMENTS
BANK OF AMERICA - CKING ACCOUNT 2,410,982.66
PROP/A PROP A - CKING ACCOUNT 22,954.52
MEASURE W - CKING ACCOUNT 38,944.52
WFBK WELLS FARGO - CKING ACCOUNT 3,250,893.23
TOTAL ALL BANKS 5,723,774.93
APPROVED PER CITY MANAGER DATE
7/3/24
CITY OF INDUSTRY P. 1
BANK OF AMERICA
July 11, 2024
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1378 06/26/2024 CAL-PERS $60,982.66
Invoice Date Description Amount
JUL-24 06/26/2024 CALPERS MEDICAL PREMIUM FOR JULY 2024 $60,982.66 24594 06/27/2024 CITY OF INDUSTRY $2,150,000.00
Invoice Date • Description Amount
6/27/2024 06/2712024 TRANSFER FUNDS-CITY REG 6/27124 $2,150,000.00 24595 06/26/2024 CITY OF INDUSTRY $200,000.00
Invoice Date Description Amount
6/26/2024 06/26/2024 ADD'L TRANSFER TO COVER HAND CKS $200,000.00 Checks Status Count Transaction Amount
Total 3 $2,410,982.66
CITY OF INDUSTRY P. 2
PROP A
July 11, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90596 06/26/2024 WALNUT VALLEY WATER DISTRICT $268.18
Invoice Date Description Amount
5016482 06/10/2024 5/1-5/31/24 SVC-IRR METROLINK STA-SPANISH LN $243.04 5017438 06/11/2024 5/1-5/31/24 SVC-PLATFORM METROLINK BREA CYN $25.14 90597 07/02/2024 SOUTHERN CALIFORNIA EDISON $189.24
Invoice Date Description Amount
2024-00002150 06/20/2024 5/21-6/19/24 SVC-600 S BREA CYN RD B $189.24 90598 07/11/2024 CNC ENGINEERING $14,447.50
Invoice Date Description Amount
510483 06/27/2024 METROLINK STATION COMMUTER RAIL STATION $3,095.00 510484 06/27/2024 FULLERTON RD GRADE SEPARATION $9,665.00 510485 06/27/2024 FAIRWAY DR GRADE SEPARATION $1,687.50 90599 07/11/2024 INDUSTRY SECURITY SERVICES $8,049.60
Invoice Date Description Amount
1333 06/07/2024 SECURITY SVC-METROLINK $2,683.20
1346 06/14/2024 SECURITY SVC-METROLINK $2,683.20
1362 06/21/2024 SECURITY SVC-METROLINK $2,683.20
Checks Status Count Transaction Amount
Total 4 $22,954.52
CITY OF INDUSTRY P. 3
MEASURE W
July 11, 2024
Checks Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300099 07/11/2024 CASC ENGINEERING AND CONSULTIN $3,750.00 Invoice Date Description Amount
51340 05/31/2024 NPDES CONSULTING SVC $3,750.00
300100 07/11/2024 CITY OF INDUSTRY $15,880.47
Invoice Date Description Amount
6/27/2024-A 06/27/2024 REIMBURSE GF FOR MEASURE W QUALIFYING EXPEN $15,880.47 300101 07/11/2024 CNC ENGINEERING $10,202.50
Invoice Date Description Amount
510481 06/27/2024 NDES STORM WATER $2,422.50
510482 06/27/2024 FOUR GRADE SEPARATION PUMP STATIONS $7,780.00 300102 07/11/2024 LOS ANGELES COUNTY PUBLIC WORI $9,111.55 Invoice Date Description Amount
PW-24061007404 06/10/2024 PUMP HOUSE MAINT $4,540.99
PW-24061007422 06/10/2024 PUMP HOUSE MAINT-AZUSA NORTH OF GALE AVE $4,570.56 Checks Status Count Transaction Amount
Total 4 $38,944.52
CITY OF INDUSTRY P. 4
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83191 06/25/2024 QUADIENT LEASING USA, INC. $1,500.15
Invoice Date Description Amount
Q1371825 06/09/2024 MAIL EQUIPMENT RENTAL 7/11/24-10/10/24 $1,500.15 83192 06/25/2024 SPECTRUM $938.99
Invoice Date Description Amount
0362894061024 06/10/2024 BUSINESS INTERNET-JUN 2024 $938.99 83193 06/25/2024 WELLS FARGO $25,285.57
Invoice Date Description Amount
5/3-6/3/24-J 06/03/2024 CREDIT CARD EXPENSE P/E 6/3/24-JOSH $12,209.40 5/3-6/3/24-S 06/03/2024 CREDIT CARD EXPENSE P/E 6/3/24-SAM $7,810.40 5/3-6/3/24-V 06/03/2024 CREDIT CARD EXPENSE P/E 6/3/24 VERONICA $5,265.77 83194 06/26/2024 FRONTIER $406.58
Invoice Date Description Amount
2024-00002127 06/10/2024 6/10-7/9/24 SVC-600 BREA CYN RD $309.53 2024-00002149 06/19/2024 6/19-7/18/24 SVC-FOLLOWS CAMP-23400 E FORK AZUS $97.05 83195 06/26/2024 INDUSTRY PUBLIC UTILITY COMMISSI $14,542.12 Invoice Date Description Amount
2024-00002120 06/14/2024 5/1-6/1/24 SVC-600 BREA CYN $7,411.27 2024-00002121 06/14/2024 5/1-6/1/24 SVC-600 S BREA CYN RD CHARGING STN $7,130.85 83196 06/26/2024 SAN GABRIEL VALLEY WATER CO. $1,762.94 Invoice Date Description Amount
2024-00002115 06/11/2024 5/9-6/10/24 SVC-13756 VALLEY BLVD $221.43 2024-00002116 06/11/2024 5/9-6/10/24 SVC-132 PUENTE (IRRIG) $540.64 2024-00002117 06/11/2024 5/9-6/10/24 SVC-123 (IRRIG) WORMAN MILL $327.84 CITY OF INDUSTRY P. 5
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00002122 06/13/2024 5/13-6/12/24 SVC-336 EL ENCANTO $48.38 2024-00002123 06/12/2024 5/10-6/11/24 SVC-14329 VALLEY $624.65 83197 06/26/2024 SOCALGAS $34.11
Invoice Date Description Amount
2024-00002118 06/14/2024 5/13-6/12/24 SVC-610 S BREA CYN $19.32 2024-00002119 06/14/2024 5/13-6/12/24 SVC-1004 U FAIRWAY DR $14.79 83198 06/26/2024 SOUTHERN CALIFORNIA EDISON $6,316.05
Invoice Date Description Amount
2024-00002106 06/10/2024 5/7-6/9/24 SVC-VARIOUS SITES $127.14 2024-00002107 06/10/2024 5/9-6/9/24 SVC-122 N PUENTE AVE U1 $142.20 2024-00002108 06/11/2024 5/10-6/10/24 SVC-504 S 6TH AVE U TC1 $92.26 2024-00002109 06/11/2024 5/10-6/10/24 SVC-490 S 7TH U $108.65 2024-00002110 06/10/2024 5/9-6/9/24 SVC-575 BALDWIN PARK BLVD U $118.05 2024-00002111 06/14/2024 5/15-6/13/24 SVC-1341 FULLERTON RD $150.37 2024-00002112 06/14/2024 5/15-6/13/24 SVC-VARIOUS SITES $82.16 2024-00002113 06/14/2024 5/15-6/13/24 SVC-PECK RD S/O PELISIER $12.29 2024-00002124 06/17/2024 5/16-6/16/24 SVC-900 NOGALES U $1,823.69 2024-00002125 06/14/2024 5/15-6/13/24 SVC-17635 GALE AVE $3,345.50 2024-00002126 06/14/2024 5/15-6/13/24 SVC-1023 U FAIRWAY DR $230.60 2024-00002148 06/18/2024 5/15-6/13/24 SVC-VARIOUS SITES $83.14 83199 06/26/2024 VERIZON BUSINESS $188.72
Invoice Date Description Amount
68513852 06/10/2024 5/1-5/31/24 SVC-VARIOUS SITES $141.78 68513851 06/10/2024 5/1-5/31/24 SVC-VARIOUS SITES $46.94 83200 06/26/2024 WALNUT VALLEY WATER DISTRICT $3,455.47 CITY OF INDUSTRY P. 6
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
5016630 06/10/2024 511-5/31/24 SVC-BAKER PKWY METER #1 $121.52 5016631 06/10/2024 5/1-5/31/24 SVC-BAKER PKWY METER #2 $187.26 5016637 06/10/2024 5/1-5/31/24 SVC-GRAND AVE CROSSING $119.38 5016638 06/10/2024 5/1-5/31/24 SVC-GRAND AVE CROSSING $119.38 5016640 06/10/2024 5/1-5/31/24 SVC-22002 VALLEY BLVD $399.17 5016698 06/10/2024 5/1-5/31/24 SVC-21627 GRAND CROSSING PKWY #3 $119.38 5016699 06/10/2024 5/1-5/31/24 SVC-21627 GRAND CROSSING PKWY #4 $141.53 5016511 06/10/2024 5/1-5/31/24 SVC-IRR 820 FAIRWAY DR $75.90 2999L09 06/10/2024 5/1-5/31/24 SVC-LEMON AVE N OF CURRIER RD $57.96 9499L09 06/10/2024 5/1-5/31/24 SVC-60 FWY INTERCHANGE FAIRWAY DR $25.14 9699L09 06/10/2024 5/1-5/31/24 SVC-BREA CYN RD & OLD RANCH RD $62.54 5016612 06/10/2024 5/1-5/31/24 SVC-FERRERO & GRAND EAST RAMP $833.89 L999L09 06/10/2024 5/1-5/31/24 SVC-21350 VALLEY-MEDIAN $144.98 8999L09 06/10/2024 5/1-5/31/24 SVC-GRAND CROSSING EAST $69.41 6999L09 06/10/2024 5/1-5/31/24 SVC-GRAND CROSSING WEST $39.64 0999L09 06/10/2024 5/1-5/31/24 SVC-BAKER PKWY & GRAND NAW CNR $387.34 1999LOS 06/10/2024 5/1-5/31/24 SVC-E/S GRAND S/O BAKER PKWY $103.38 EL99L09 06/10/2024 5/1-5/31/24 SVC-BREA CYN N OF RR TRKS $222.08 5016674 06/10/2024 5/1-5/31/24 SVC-BREA CYN N OF CURRIER $36.59 5017684 06/11/2024 5/1-5/31/24 SVC-1004 U FAIRWAY DR GRADE SEP $39.64 5017419 06/11/2024 5/1-5/31/24 SVC-PUMP STN NAW CHERYL LN/MAYO $39.64 68T409 06/11/2024 5/1-5/31/24 SVC-PUMP STN BREA CYN $33.82 06/11/2024 5/1-5/31/24 SVC-NOGALES PUMP STN $75.90
83201 06/27/2024 CITY OF INDUSTRY - PETTY CASH $602.37
Invoice Date Description Amount
06/27/2024 REIMBURSE PETTY CASH FOR PERIOD 2/1/24-6/27/24 S602.37 CITY OF INDUSTRY P. 7
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83202 07/02/2024 FIDELITY SECURITY LIFE INSURANCE $1,275.16 Invoice Date Description Amount
166363637 07/01/2024 VISION PREMIUM FOR JULY 2024 $1,275.16 83203 07/02/2024 HUMANA INSURANCE COMPANY $6,804.00
Invoice Date Description Amount
389690473 06/13/2024 DENTAL PREMIUM FOR JULY 2024 $6,804.00 83204 07/02/2024 L A COUNTY REGISTRAR-RECORDER $75.00
Invoice Date Description Amount
6/27/2024 06/27/2024 FILING FEE-NOTICE OF EXEMPTION FOR MP 02 31 8 $75.00 83205 07/02/2024 MUTUAL OF OMAHA - PAYMENT PROC $8,323.41 Invoice Date Description Amount
1719846100 06/14/2024 LIFE INS PREMIUM FOR JULY 2024 $8,323.41 83206 07/02/2024 SPARKLETTS $250.87
Invoice Date Description Amount
21654939 062824 06/28/2024 WATER DELIVERY $250.87
83207 07/02/2024 UNUM LIFE INSURANCE COMPANY OF $7,336.40 Invoice Date Description Amount
7/1-7/31/24 06/18/2024 LONG TERM CARE PREMIUM FOR JULY 2024 $7,336.40 83208 07/02/2024 AT & T $383.72
Invoice Date Description Amount
2024-00002163 06/17/2024 6/17-7/16/24 SVC-TONNER-GUARD SHACK $383.72 83209 07/02/2024 FRONTIER $322.31
CITY OF INDUSTRY P. 8
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2024-00002161 06/16/2024 6/16-7/15/24 SVC-PH AUTO PLAZA $223.63 2024-00002162 06/16/2024 6/16-7/15/24 SVC-BREA CYN PUMP STN $98.68 83210 07/02/2024 SOCALGAS $86.52
Invoice Date Description Amount
2024-00002151 06/20/2024 5/17-6/18/24 SVC-13756 VALLEY BLVD $21.82 2024-00002152 06/21/2024 5/20-6/19/24 SVC-15415 E DON JULIAN RD. $64.70 83211 07/02/2024 SOUTHERN CALIFORNIA EDISON $23,110.09
Invoice Date Description Amount
2024-00002153 06/20/2024 5/21-6/19/24 SVC-1007 LAWSON ST TC1 $79.41 2024-00002154 06/20/2024 5/21-6/19/24 SVC-1004 U FAIRWAY DR $622.68 2024-00002155 06/21/2024 5/20-6/18/24 SVC-1015 NOGALES ST $1,085.01 2024-00002156 06/19/2024 5/20-6/18/24 SVC-VARIOUS SITES $94.64 2024-00002157 06/20/2024 5/2-6/19/24 SVC-VARIOUS SITES $724.55 2024-00002158 06/14/2024 5/15-6/13/24 SVC-VARIOUS SITES $8,808.16 2024-00002159 06/14/2024 5/10-6/13/24 SVC-VARIOUS SITES $1,804.96 2024-00002160 06/18/2024 5/15-6/13/24 SVC-VARIOUS SITES $9,890.68 83212 07/02/2024 SUBURBAN WATER SYSTEMS $82.48
Invoice Date Description Amount
180032567800 06/20/2024 5/22-6/20/24 SVC-205 HUDSON $82.48 83213 07/11/2024 100% AUTO CARE & DETAILED $580.00
Invoice Date Description Amount
133 06/03/2024 CAR WASH SVC-CITY VEHICLES $330.00
134 06/17/2024 CAR WASH SVC-CITY VEHICLES $250.00
CITY OF INDUSTRY P. 9
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83214 07/11/2024 ADVANTEC CONSULTING ENGINEERS $9,687.50 Invoice Date Description Amount
9803-0230-20 06121/2024 INTELLIGENT TRANSPORTATION SYSTEM-MAY 2024 $9,687.50 83215 07/11/2024 AIRESPRING INC $1,354.11
Invoice Date Description Amount
186009478 06/16/2024 INTERNET SVC-HOMESTEAD $1,354.11
83216 07/11/2024 ANTHONY SAUCEDO $50.00
Invoice Date Description Amount
6/18/2024 06/18/2024 REFUND CITATION # ID152589 $50.00
83217 07/11/2024 ARCADIS $11,002.50
Invoice Date Description Amount
10018906 06/20/2024 DESIGN SVC FOR EW BICYCLE PATH $11,002.50 83218 07/11/2024 AVANT-GARDE, INC $9,903.75
Invoice Date Description Amount
10372 06/21/2024 E-W BICYCLE PATH PROJECT $9,395.00
10406 06/18/2024 STIMSON AVE IMPROVEMENT $508.75
83219 07/11/2024 B2 PRINT, LLC $239.95
Invoice Date Description Amount
0012863 06/25/2024 #10 ENVELOPES-COI $239.95
83220 07/11/2024 BCN TELECOM, INC. $101.73
Invoice Date Description Amount
23754721 06/15/2024 PHONE LINE FOR ELEVATOR-CITY HALL $101.73 CITY OF INDUSTRY P. 10
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83221 07/11/2024 BLAKE AIR CONDITIONING COMPANY $1,156.76 Invoice Date Description Amount
66249 06/13/2024 REPLACE MOTOR PULLEY-EL ENCANTO $455.43 66233 06/11/2024 REPAIR WATER LEAK-CITY HALL $701.33
83222 07/11/2024 CAL-PERS $1,612.00
Invoice Date Description Amount
100000017581632 06/24/2024 SURVIVOR BENEFIT FY 23/24-PLAN 1226 $124.80 100000017581976 06/24/2024 SURVIVOR BENEFIT FY 23/24-PLAN 15030 $374.40 8662892 0000001 06/24/2024 SURVIVOR BENEFIT FY 23/24-PLAN 26791 $1,112.80 83223 07/11/2024 CALIFORNIA ASSOCIATION OF PUBLIC $95.00 Invoice Date Description Amount
200014013 06/13/2024 SCOPE OF WORK SEMINAR-YVETTE PADILLA $95.00 83224 07/11/2024 CASC ENGINEERING AND CONSULTIN $16,174.30 Invoice Date Description Amount
0051363 05/31/2024 IS/MND FOR 20701 CURRIER RD $11,724.00 0051364 05/31/2024 APN 15940-16012 AMAR RD/15940-16065 KAPLAN AVE $1,531.00 0051377 05/31/2024 14940 PROCTOR AVE $2,194.75
0051378 05/31/2024 IS/MND FOR 17969 RAILROAD ST $724.55 83225 07/11/2024 CINTAS CORPORATION LOC 693 $223.54
Invoice Date Description Amount
4196003062 06/17/2024 DOOR MATS $111.77
4196725786 06/24/2024 DOOR MATS $111.77
83226 07/11/2024 CITY OF INDUSTRY $324.42
Invoice Date Description Amount
CITY OF INDUSTRY P. 11
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00000063 05/31/2024 IH FUELS PUMP-CITY HALL VEHICLES $324.42 83227 07/11/2024 CITY OF INDUSTRY-PAYROLL ACCT $185,000.00 Invoice Date Description Amount
PR P/E 6/21/24 06/25/2024 REPLENISH PAYROLL P/E 6/21/24 $185,000.00 83228 07/11/2024 CNC ENGINEERING $225,752.50
Invoice Date Description Amount
510406 06/27/2024 SOLAR INSTALLATION AT CITY HALL $2,067.50 510407 06/27/2024 FULLERTON RD RECONSTRUCTION $1,975.00 510408 06/27/2024 GALE AVE REALIGNMENT $815.00
510409 06/27/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $1,361.25 510410 06/27/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $17,970.00 510412 06/27/2024 GENERAL ENG SVC-TRAFFIC $3,457.50
510413 06/27/2024 GENERAL ENG SVC 6/10-6/23/24 $10,592.50 510414 06/27/2024 GENERAL ENG SVC-COUNTER SERVICE $3,527.50 510415 06/27/2024 GENERAL ENG SVC-PERMITS $26,167.50
510416 06/27/2024 GENERAL ENG SVC-PLAN APPROVAL $14,708.75 510417 06/27/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAC $1,025.00 510418 06/27/2024 GENERAL ENG SVC 6/10-6/23/24 $92,697.50 510419 06/27/2024 SEWER MANAGEMENT SYSTEM $4,080.00
510420 06/27/2024 TONNER CYN PROPERTY $3,727.50
510421 06/27/2024 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $712.50 510422 06/27/2024 MISC DRAINAGE IMPROVEMENTS AT TONNER CYN $10,807.50 510423 06/27/2024 PUENTE VALLEY OPERABLE UNIT GROUNDWATER RE $337.50 510424 06/27/2024 CHINO RANCH #1 DAM RENOVATION $647.50 510425 06/27/2024 SALT LAKE AVE IMPROVEMENTS $5,107.50
510426 06/27/2024 NELSON AVE RESURFACING $14,075.00
510427 06/27/2024 CIVIC CENTER PLANNING AND IMRPOVEMENTS $225.00 CITY OF INDUSTRY P. 12
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
510428 06/27/2024 CIVIC CENTER PLANNING AND IMRPOVEMENTS $427.50 510429 06/27/2024 CITY ADMINISTRATIVE OFFICES $1,712.50 510430 06/27/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $632.50 510431 06/27/2024 CITY COUNCIL CHAMBER & IBC BUILDING IMPROVEME $735.00 510432 06/27/2024 ELECTRIC VEHICLE CHARGING STATIONS-CITY HALL $285.00 510433 06/27/2024 HOMESTEAD MUSEUM IMPROVEMENTS $1,010.00 510434 06/27/2024 HOMESTEAD MUSEUM IRRIGATION RETROFIT TO REC $1,575.00 510435 06/27/2024 STIMSON AVE CROSSING $1,031.25
510436 06/27/2024 CALIFORNIA AVE CROSSING IMPROVEMENTS $225.00 510437 06/27/2024 METROLINK-MAINT OF PARKING LOT $912.50 510438 06/27/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $380.00 510439 06/27/2024 EL ENCANTO IMPROVEMENTS AND MAINT $618.75 510440 06/27/2024 SAN JOSE AVE RECONSTRUCTION $122.50
83229 07/11/2024 CNC ENGINEERING $134,121.25
Invoice Date Description Amount
510441 06/27/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $1,750.00 510442 06/27/2024 605 FWY AND VALLEY BLVD INTERCHANGE $1,105.00 510443 06/27/2024 HIGHWAY BRIDGE PROGRAM FUNDING $1,125.00 510444 06/27/2024 NELSON AVE OVER PUENTE CREEK $281.25
510445 06/27/2024 HIGHWAY BRIDGE AZUSA AVE OVER VALLEY BLVD RE $337.50 510446 06/27/2024 FISCAL YEAR BUDGET $367.50
510447 06/27/2024 BIXBY DR PCC PAVEMENT $3,375.00
510448 06/27/2024 VARIOUS ASSIGNMENTS RELATED TO SA $622.50 510449 06/27/2024 TURNBULL CYN PROPERTIES $217.50
510450 06/27/2024 NELSON AVE INTERSECTION $12,440.00
510451 06/27/2024 MAINT OF 1123 HATCHER AVE $1,045.00
510452 06/27/2024 MISC IMPROVEMENTS AT 1123 HATCHER AVE $2,615.00 510453 06/27/2024 15559-15650 RAUSCH RD (POST OFFICE) $72.50 CITY OF INDUSTRY P. 13
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
510454 06/27/2024 2024 CITYWIDE SPEED SURVEY $225.00
510455 06/27/2024 CARTEGRAPH MGMT $39,850.00
510456 06/27/2024 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $6,082.50 510457 06/27/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $450.00 510458 06/27/2024 TURNBULL CYN PROPERTIES $490.00
510459 06/27/2024 GALE AVE RESURFACING $10,115.00
510460 06/27/2024 ANNUAL PAVEMENT REHABILITATION $2,100.00 510461 06/27/2024 2022-2023 ANNUAL PAVEMENT REHABILITATION $15,362.50 510462 06/27/2024 2022-2023 ANNUAL SLURRY SEAL $1,740.00 510463 06/27/2024 . DON JULIAN RD IMPROVEMENTS $2,250.00 510464 06/27/2024 INTELLIGENT TRANSPORTATION SYSTEM $5,662.50 510465 06/27/2024 CITYWIDE LICENSE PLATE CAMERA READER $5,420.00 510466 06/27/2024 PHYLLIS TUCKER MEMORIAL $235.00
510467 06/27/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $980.00 510468 06/27/2024 RAILROAD STREET PAVEMENT REHABILITATION $9,658.75 510469 06/27/2024 MUSEUM-HEALTHCARE CAMPUS DATA UPGRADES $245.00 510470 06/27/2024 CITYWIDE SIGNAGE UPDATE $851.25
510471 06/27/2024 CALIFORNIA AVE WIDENING $2,550.00
510472 06/27/2024 PAVEMENT MANAGEMENT PLAN 2022 $1,237.50 510473 06/27/2024 SR57/60 CONFLUENCE IMPROVEMENT $225.00 510474 06/27/2024 TURNBULL CYN RD GRADE SEPARATION 53,037.50 83230 07/11/2024 COSTCO WHOLESALE $200.00
Invoice Date Description Amount
6/20/2024 06/20/2024 OVERPAYMENT FOR PERMIT #1-278 FOR LOCATION # $200.00 83231 07/11/2024 COUNTY OF LA - DEPT OF AGRICULTI $1,542.14 Invoice Date Description Amount
241684 06/12/2024 PEST CONTROL-TONNER CYN (FIRESTONE CAMP) $530.22 CITY OF INDUSTRY P. 14
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
241685 06/12/2024 PEST CONTROL-TONNER CYN (FIRESTONE CAMP) $1,011.92 83232 07/11/2024 COUNTY OF LA - DEPT OF AGRICULTI $13,493.76 Invoice Date Description Amount
241686 06/06/2024 PEST CONTROL-TRES HERMANOS $13,493.76 83233 07/11/2024 DEPT OF ANIMAL CARE & CONTROL $6,502.29 Invoice Date Description Amount
6/25/2024 06/25/2024 SHELTER COST-MAY 2024 $6,502.29
83234 07/11/2024 DOCUSIGN, INC. $2,760.00
Invoice Date Description Amount
111100340442 06/15/2024 E-SIGNATURE BUSINESS PRO EDITION SVC $2,760.00 83235 07/11/2024 ENTERPRISE MAPS LLC $4,005.00
Invoice Date Description Amount
200 06/12/2024 AMAZON WEB SERVICES $2,955.00
201 06/26/2024 AMAZON WEB SERVICES $1,050.00
83236 07/11/2024 ENVIRONMENTAL SYSTEMS RESEARI $29,300.00 Invoice Date Description Amount
94743016 06/12/2024 ENTERPRISE AGRMT FEE SOFTWARE/MAINT $29,300.00 83237 07/11/2024 FUEL PROS, INC. 51,293.25
Invoice Date Description Amount
74357 06/13/2024 INDUSTRY HILLS FUEL STN MAINT $242.25
74484 06/17/2024 REPAIR FUEL STN-INDUSTRY HILLS $801.00 74507 06/25/2024 INDUSTRY HILLS FUEL STN MAINT $250.00
CITY OF INDUSTRY P. 15
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83238 07/11/2024 FULLERTON ELECTRIC $56,575.00
Invoice Date Description Amount
#1CITY-1508 07/01/2024 MISC ELECTRICAL IMPROVEMENTS AT 1123 HATCHEF $56,575.00 83239 07/11/2024 IDS GROUP, INC. $644.00
Invoice Date Description Amount
21X79.00-14 06/19/2024 ENGINEERING DESIGN-METROLINK $644.00 83240 07/11/2024 INDUSTRY BUSINESS COUNCIL $142,123.16
Invoice Date Description Amount
MARCH 2024 06/17/2024 EXPENSE REIMBURSEMENT-MAR 2024 $142,123.16 83241 07/11/2024 INDUSTRY SECURITY SERVICES 565,313.36
Invoice Date Description Amount
1335 06/07/2024 SECURITY SVC-VARIOUS CITY SITES $22,203.48 FEEL 06/07/2024 SECURITY SVC 5/31-6/6/24 $10,453.20
06/14/2024 SECURITY SVC-VARIOUS CITY SITES $22,203.48
1347 06/14/2024 SECURITY SVC 6/7-6/13/24 $10,453.20
83242 +202/1440 INTERIOR IMAGES, INC. $12,160.35
Date Description Amount
05/14/2024 INTERIOR DESIGN-IBC $10,660.75
3395 REV II 05/14/2024 INTERIOR DESIGN-BC CHAMBERS $1,499.60 83243 202/440 ISN GLOBAL ENTERPRISES, INC. $2,794.49
Invoice Date Description Amount
06/20/2024 REMAINING BALANCE-CAMERA IMPROVEMENTS @ TC $2,794.49 JEFF PARRIOTT PHOTOGRAPHIC SER $4,069.17
CITY OF INDUSTRY P. 16
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
CO10624 06/29/2024 PROF SVC-HOMESTEAD $4,069.17
83245 07/11/2024 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
161697 06/20/2024 LEGISLATIVE SVC-JUN 2024 $10,000.00
83246 07/11/2024 KLINE'S PLUMBING, INC. $1,850.00
Invoice Date Description Amount
13535 06/18/2024 REPAIR SINK-TONNER CYN $975.00
13536 06/18/2024 URGENT REPAIR TO DRAIN-EL ENCANTO $875.00 83247 07/11/2024 LA COUNTY AUDITOR-CONTROLLER $3,505.69 Invoice Date Description Amount
FY 24/25 06/27/2024 LAFCO OPERATING COST FY 24/25 $3,505.69 83248 07/11/2024 LA COUNTY DEPT OF PUBLIC WORKS $52,882.22 Invoice Date Description Amount
IN240001013 06/13/2024 ACCIDENT-PELLISSIER PL @ WORKMAN MILL RD $989.60 IN240001009 06/13/2024 ACCIDENT-BIXBY DR @ GALE AVE $6,267.04 IN240001008 06/13/2024 ACCIDENT-HAMBLEDON AVE @ VALLEY BLVD $3,242.54 IN240001034 06/13/2024 ACCIDENT-BAKER PKWY @ GRAND AVE $452.80 IN240001033 06/13/2024 ACCIDENT-BUSINESS PKWY @ LEMON AVE $17,539.31 IN240001026 06/13/2024 ACCIDENT-ROOKS RD @ PECKRD $455.25 IN240001022 06/13/2024 ACCIDENT-AZUSA AVE @ TEMPLE AVE $23,688.75 IN240001021 06/13/2024 ACCIDENT-TEMPLE AVE @ VINELAND AVE $246.93 83249 07/11/2024 LA COUNTY DEPT OF PUBLIC WORKS $69,315.16 Invoice Date Description Amount
CITY OF INDUSTRY P. 17
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
IN240001048 06/27/2024 BLDG & SAFETY-ONE STOP SHOP FOR APR 2024 $69,315.16 83250 07/11/2024 LA COUNTY SHERIFF'S DEPARTMENT $1,089,188.97 Invoice Date Description Amount
243337EC 06/14/2024 SHERIFF CONTRACT-MAY 2024 $1,089,188.97 83251 07/11/2024 LA PUENTE VALLEY COUNTY WATER $289.33
Invoice Date Description Amount
BS;06/24 06/18/2024 WATER MONITORING-BOY SCOUTS RESERVE $289.33 83252 07/11/2024 LEAGUE OF CALIFORNIA CITIES $1,155.00
Invoice Date Description Amount
4260 06/12/2024 MEMBERSHIP DUES FY 24/25 $1,155.00
83253 07/11/2024 LOS ANGELES COUNTY PUBLIC WORI $127,183.67 Invoice Date Description Amount
PW-24061007689 06/10/2024 TRAFFIC SIGNAL MAINT $17,394.04 PW-24061007691 06/10/2024 TRAFFIC SIGNAL MAINT $1,342.13 PW-24061007690 06/10/2024 TRAFFIC SIGNAL MAINT $2,953.98 PW-24061007396 06/10/2024 CONCRETE REPAIRS $13,950.71
PW-24061007399 06/10/2024 STREET MAINT/INSPECTION $2,294.07 PW-24061007395 06/10/2024 STORM DAMAGE RESPONSE $676.73 PW-24061007398 06/10/2024 PAVEMENT PATCHING $79,691.02
PW-24061007397 06/10/2024 INSPECTION OF SIDEWALK $675.33 PW-24061007418 06/10/2024 PAVEMENT PATCHING $5,340.43
PW-24061007394 06/10/2024 TRAFFIC SIGNING REPAIRS $62.72 PW-24061007363 06/10/2024 FLOOD CONTROL PLAN REVIEW-NELSON/SUNSET $256.94 PW-24061007426 06/10/2024 INSTALL STRIPING $2,228.11
PW-24061007409 06/10/2024 PLAN CHECK FEE-FULLERTON RD @ SAN JOSE CREE $317.46 CITY OF INDUSTRY P. 18
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83254 07/11/2024 LOS ANGELES ENGINEERING, INC. $264,800.00 Invoice Date Description Amount
#1CITY-1522 07/01/2024 MISC DRAINAGE IMPROVEMENTS AT TONNER CYN $264,800.00 83255 07/11/2024 MMASC $100.00
Invoice Date Description Amount
10046 06/13/2024 2024 SUMMER SESSION SEMINAR-YVETTE PADILLA $100.00 83256 07/11/2024 MORTISE & TENON BUILDING CORP $2,214.74 Invoice Date Description Amount
156250244 06/11/2024 MAINT SVC-BUS STOPS $900.00
156250238 06/07/2024 MAINT SVC-BUS STOPS $1,314.74
83257 07/11/2024 MR PLANT & INTERIOR BOTANICAL DI $850.00 Invoice Date Description Amount
JULY 22101 07/01/2024 PLANT MAINT-JULY 2024 $850.00
83258 07/11/2024 MX GRAPHICS, INC. $412.27
Invoice Date Description Amount
31453 06/13/2024 BLUEPRINT SVC-MP 06 18 11 $182.32
31394 06/05/2024 BLUEPRINT SVC-JN 6201 $229.95
83259 07/11/2024 NEXTIVA, INC. $2,101.31
Invoice Date Description Amount
40003185863 06/24/2024 PHONE SVC FOR YAL $275.91
40003212239 06/27/2024 CITY HALL PHONE SVC $1,825.40
83260 07/11/2024 NINYO & MOORE GEOTECHNICAL COI $3,342.50 CITY OF INDUSTRY P. 19
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
288743 06/20/2024 MATERIAL TESTING-FULLERTON RD RECONSTRUCTI $3,342.50 83261 07/11/2024 ODP BUSINESS SOLUTIONS, LLC $1,861.52
Invoice Date Description Amount
371908793001 06/12/2024 OFFICE SUPPLIES $1,671.92
371918080001 06/13/2024 OFFICE SUPPLIES $8.62
371918081001 06/12/2024 OFFICE SUPPLIES $22.58
371918082001 06/12/2024 OFFICE SUPPLIES $102.76
371918088001 06/12/2024 OFFICE SUPPLIES $19.32
371918095001 06/12/2024 OFFICE SUPPLIES $15.53
371918096001 06/11/2024 OFFICE SUPPLIES - $20.79
83262 07/11/2024 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
501-A 06/26/2024 JANITORIAL SVC-CITY HALL $5,500.00
502-A 06/26/2024 JANITORIAL SVC-IBC $1,467.00
503-A 06/26/2024 JANITORIAL SVC-YAL $1,815.00
83263 07/11/2024 ON TRACK SOLUTIONS LLC $6,200.00
Invoice Date Description Amount
1207 06/21/2024 ON-CALL RAILROAD COORDINATION $6,200.00 83264 07/11/2024 ONLINE SOLUTIONS, LLC $16,800.00
Invoice Date Description Amount
5534 05/23/2024 ANNUAL SUBSCRIPTION (7) USERS 9/1124-8/31/25 $16,800.00 83265 07/11/2024 OPENGOV, INC. $49,214.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 20
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
INV13659 05/17/2024 ONLINE PERMITTING & LICENSING SVCS $49,214.00 83266 07/11/2024 PATHAK, YAMINI $3,296.18
Invoice Date Description Amount
6/7/2024 06/07/2024 REIMBURSE FOR TRAVEL EXPENSE-GOA CONFEREN $3,296.18 83267 07/11/2024 SAN GABRIEL VALLEY COUNCIL OF G $25,611.58 Invoice Date Description Amount
2512 06/13/2024 ANNUAL DUES FY 24/25 $25,611.58
83268 07/11/2024 SAN GABRIEL VALLEY REGIONAL HOI $8,228.79 Invoice Date Description Amount
FY25-RHT-24 06/13/2024 MEMBERSHIP DUES FY 24/25 $8,228.79 83269 07/11/2024 SEQUEL CONTRACTORS, INC 5401,021.15
Invoice Date Description Amount
#2CITY-1500 07/01/2024 GALE AVE RESURFACING FROM FIELDGATE AVE TO A $422,127.54 83270 07/11/2024 SO CAL INDUSTRIES $195.89
Invoice Date Description Amount
695640 06/19/2024 WC ACCESS RENTAL-TONNER CYN/57 FWY $195.89 83271 07/11/2024 SOUTH COAST A.Q.M.D. $7,404.41
Invoice Date Description Amount
4370610 06/04/2024 LANDFILL GAS COLLECTIONS-IND HILLS $6,590.84 4371004 06/04/2024 LIQUID FUEL DISPENSING SYSTEM-16200 TEMPLE AVE $319.84 4374341 06/04/2024 FLAT FEE EMISSION FY 24/25-16200 TEMPLE AVE (FUE $165.96 4372309 06/04/2024 FLAT FEE EMISSION FY 24/25-IND HILLS $165.96 4350008 04/16/2024 HOT SPOTS PROGRAM FOR GENERATORS-CITY HALL $161.81 CITY OF INDUSTRY P. 21
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83272 07/11/2024 SOUTHERN CALIFORNIA ASSOCIATIOI $156.00 Invoice Date Description Amount
SCAG FY25 0085 07/01/2024 DUES FOR 2024/2025 $156.00
83273 07/11/2024 SPECIAL T WATER SYSTEMS, INC. $958.31
Invoice Date Description Amount
233831 06/19/2024 SALT DELIVERY-EL ENCANTO $958.31
83274 07/11/2024 STAPLES BUSINESS ADVANTAGE $646.89
Invoice Date Description Amount
7001011823 06/15/2024 OFFICE SUPPLIES $646.89
83275 07/11/2024 STILLWATER SCIENCES $8,133.25
Invoice Date Description Amount
9180028 06/21/2024 FOLLOW'S CAMP PROJECT $8,133.25
83276 07/11/2024 THOMSON REUTERS WEST - PAYMEN $341.64
Invoice Date Description Amount
850364534 06/18/2024 WEST'S ANNO CALIF CODE BOOKS $341.64 83277 07/11/2024 TOWN SQUARE PUBLICATIONS LLC $1,590.00 Invoice Date Description Amount
286985 04/29/2024 AD FOR SGV CHAMBER OF COMMERCE $1,590.00 83278 07/11/2024 TYLER TECHNOLOGIES, INC. $525.00
Invoice Date Description Amount
045-472037 06/12/2024 SERVICE AGRMT-CITY'S ERP $525.00
CITY OF INDUSTRY P. 22
WELLS FARGO BANK
July 11, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83279 07/11/2024 UNION PACIFIC RAILROAD COMPANY $104.48 Invoice Date Description Amount
90135798 06/11/2024 PLAN REVIEW-BRIDGE PAINTING PROJ $104.48 33280 07/11/2024 UNITED PARCEL SERVICES, INC $449.98
Invoice Date Description Amount
0000V435E4254 06/22/2024 MESSENGER SVC $71.22
0000V435E4264 06/29/2024 MESSENGER SVC $378.76
83281 07/11/2024 VALLEY VISTA SERVICES, INC $990.09
Invoice Date Description Amount
972585 05/14/2024 DISP SVC-17405 GALE AVE $990.09
83282 07/11/2024 WEST COAST ARBORISTS, INC. $35,952.90
Invoice Date Description Amount
215396 05/31/2024 TREE MAINT FY 23/24 $20,238.90
215739 06/15/2024 TREE MAINT FY 23/24 $15,714.00
Checks Status Count Transaction Amount
Total 92 53,250,893.23
CITY COUNCIL
ITEM NO. 6.2
CITY OF INDUSTRY
CELES
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: July 11, 2024
SUBJECT: Consideration of Resolution No. CC 2024-32 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A
DONATION TO LOS ANGELES SHERIFF'S ATHLETIC ASSOCIATION IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00)
FOR THE COMMUNITY PARTNERSHIPS BUREAU'S FIRST ANNUAL GOLF
TOURNAMENT, IN MEMORY OF JACK THOMAS WOLAK
BACKGROUND
The Los Angeles Sheriffs Athletic Association ("LASAA") is a membership-based 501(c)(3) organization that consists of employees of the Los Angeles County Sheriff's Department ("LASD") or employees of other law enforcement agencies as the Board of Directors approves. LASAA organizes and sponsors a wide variety of athletic events geared towards the law enforcement community and supports other LASD divisions and bureaus.
DISCUSSION
The Community Partnerships Bureau ("CPB") is a division of the LASD that provides a holistic approach to proactively reducing violent crime and enhancing the quality of life for residents throughout Los Angeles County. CPB announced its first annual Golf Tournament to be held on Monday, August 19, 2024, in memory of Jack Thomas Wolak, son of Chief Wolak who oversees the Countywide Services Division of the LASD. The City's donation of $1,200 to LASAA will sponsor the Golf Tournament and a portion of the proceeds from the event will be donated to Suicide Prevention.
Due to the deadline to register for the event, this will be a retroactive donation.
FISCAL IMPACT
In the Fiscal Year 2024/2025 budget, $371,000.00 was approved for Donations. No appropriations are required at this time (Account No. 100-621-5602).
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2024-32, approving a retroactive donation of $1,200.00 to Los Angeles Sheriff's Athletic Association.
Attachments
A. Resolution No. CC 2024-32
ATTACHMENT A
RESOLUTION NO. CC 2024-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO LOS
ANGELES SHERIFF'S ATHLETIC ASSOCIATION, IN THE
AMOUNT OF ONE THOUSAND TWO HUNDRED DOLLARS
($1,200.00), FOR THE COMMUNITY PARTNERSHIPS BUREAU'S
FIRST ANNUAL GOLF TOURNAMENT, IN MEMORY OF JACK
THOMAS WOLAK
RECITALS
WHEREAS, the Los Angeles Sheriff's Athletic Association ("LASAA") is a membership-based 501(c)(3) organization that consists of employees of the Los Angeles County Sheriff's Department ("LASD") or employees of other law enforcement agencies as the Board of Directors approves; and
WHEREAS, LASAA organizes and sponsors a wide variety of athletic events geared towards the law enforcement community and supports other LASD divisions and bureaus; and
WHEREAS, The Community Partnerships Bureau ("CPB") is a division of the LASD that provides a holistic approach to proactively reducing violent crime and enhancing the quality of life for residents throughout Los Angeles County; and WHEREAS, CPB announced its first annual Golf Tournament to be held Monday, August 19, 2024, in memory of Jack Thomas Wolak, son of Chief Wolak, who oversees the Countywide Services Division of the LASD; and
WHEREAS, the City's donation of $1,200.00 will sponsor the Golf Tournament and a portion of the proceeds from the event will be donated to Suicide Prevention; and WHEREAS, this will be a retroactive donation due to the deadline to register for the event.
WHEREAS, the City's donation serves a public purpose by contributing to an organization that supports the law enforcement community, and sponsoring an event where proceeds will be donated towards suicide prevention; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City's donation serves a public purpose by contributing to an organization that supports the law enforcement community, and sponsoring an event where proceeds will be donated towards suicide prevention.
SECTION 3: The City Council hereby approves the donation of One Thousand Two Hundred Dollars ($1,200.00) to the Los Angeles Sheriff's Athletic Association.
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 aftect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
CITY COUNCIL
ITEM NO. 6.3
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Upendra Joshi, Sr. Project Manager, CNC Engineering
DATE: July 11, 2024
SUBJECT: Consideration of Resolution No. CC 2024-33 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AUTHORIZING CITY
STAFF TO EXECUTE CITY AGREEMENTS AND ANY AMENDMENTS WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, ON BEHALF OF
THE CITY OF INDUSTRY
BACKGROUND
The City has been working with Caltrans on several projects that are within the City's jurisdiction. For each projects City needs to enter agreements with Caltrans to define the scope of the work.
DISCUSSION
The City receives several Federal and/or State funding for certain Transportation Projects, through Caltrans and to secure these funds, the City needs to sign agreements with Caltrans, like Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements. In order to sign these agreements, Caltrans requires the City Council to approve a resolution that authorizes City staff to execute the agreements on behalf of the City. All agreements with Caltrans will still be presented to the City Council for approval, however, this resolution is intended to provide Caltrans with those who are authorized to sign the agreements.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution CC 2024-33.
Attachments
A. Resolution No. CC 2024-33
ATTACHMENT A
RESOLUTION NO. CC 2024-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, AUTHORIZING CITY STAFF TO EXECUTE CITY
AGREEMENTS AND ANY AMENDMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE CITY OF
INDUSTRY
RECITALS
WHEREAS, the City is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any agreements required by Caltrans need to be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City desires to authorize the following individuals to execute these Agreements and any Amendments thereto: Mayor, City Manager, Assistant City Manager, Engineering Manager, upon approval of the agreements by the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.
SECTION 2. The City Council hereby authorizes the following City Staff (Mayor/City Manager/Assistant City Manager/Engineering Manager) to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, any Amendments and any agreements required by Caltrans thereto with California Department of Transportation.
SECTION 3. 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 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 11, 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
CITY COUNCIL
ITEM NO. 6.4
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; James Cramsie, Director of Engineering, CNC Engineering
DATE: July 11, 2024
SUBJECT: Consideration of Resolution No. CC 2024-34 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, CONFIRMING THE
CONTINUED EXISTENCE OF AN EMERGENCY CONDITION AT TONNER
CANYON, AND DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE CERTAIN WORK TO BE PERFORMED WITHOUT
COMPETITIVE BIDDING PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 AND SECTION 3.52.110 OF THE CITY'S MUNICIPAL
CODE, AND ADOPTING A NOTICE OF COMPLETION FOR THE PROJECT
BACKGROUND
The City retains title to approximately 3,126 acres of land commonly known as "Tonner Canyon", at 15550 Tonner Canyon Road, Brea, California ("Property"). The Property is situated in a portion of unincorporated Los Angeles County, adjacent to the cities of Chino Hills and Diamond Bar, and unincorporated Orange County to the south. The Property is currently served by a single, narrow, paved access road. The road provides access for and to the Boy Scouts' campsites, the Los Angeles County Sheriff's department training facilities, and City owned water tanks. Running along and crossing the road at multiple locations is Brea Creek. At these crossings, there are culverts, that range in size from a single 24" diameter pipe to two-60" diameter pipes. Many of these culverts were installed back in the 1950s or before.
During a rain event in early December 2023, one of the culvert locations failed, causing the roadway to collapse and become impassable. The culvert consisted of two-60" Corrugated Metal Pipes ('CMP"). The collapse was caused by the deterioration of the flowline of one of the CMPs, and the road was not able to support the weight of traffic. Subsequent storms further washed away the roadway and in addition, caused an existing waterline that crossed over the culvert to break.
The emergency work is necessary because the roadway is the only paved access as noted above.
Access to the City water tanks is necessary as those tanks provide water supply to the whole Tonner Property, including fire hydrants located along Tonner Canyon Road. These tanks needs to be inspected frequently and must also be accessible for maintenance. A stable water supply is necessary not only for providing water for uses such as Boy Scout campsite and the Sheriff's training, but also for potential fire suppression and we enter the fire season. Because the deterioration of the culver pipes was not visible from the roadway, it was not discovered until it had partially collapsed during a storm event and the flow of water in Brea Creek from that storm event continued to erode at the roadway.
Due to the number of storm events during this past rainy season, the condition made it challenging to perform the work in a safe manner. In addition, since the entire culvert needed to be replaced, an engineered plan needed to be prepared to ensure the new culvert would be stable for as long as the one that collapsed, if not longer. Finally, the City requested quotes from multiple contracts which required time.
The work consists of the items noted below:
Removal of the existing culvert pipes, including upstream PCC headwall; Excavate and install two new 60" diameter High Density Polyethylene Pipe (HDPE); Construct new PCC upstream headway;
Backfill and compact around new culvert pipe;
Construction slurry backfill around existing waterline; and Regrade roadway and construct 6" thick AC pavement.
On April 25, 2024, the City Council adopted Resolution No. CC 2024-14, making the findings needed pursuant to the California Public Contract Code Section 22050 to allow the City Manager to immediately retain the services necessary to complete the work. Additionally, a notice of exemption was adopted for the project.
On June 13, 2024, the City Council adopted Resolution No. CC 2024-28, confirming the continued existence of an emergency at Tonner Canyon. The project updates included the pre-construction meeting that was held on May 29 and that the emergency work began on June 3.
On June 27, 2024, the City Council adopted Resolution No. CC 2024-31, confirming the continued existence of an emergency at Tonner Canyon. The project updates included most of the work being completed to date. Additionally, the final cost of the contract was ratified in the amount of $264,800.00.
DISCUSSION
Pursuant to California Public Contracts Code Section 22050, the City Council will be provided project updates at every regularly scheduled Council meeting until the project is completed. The emergency work is complete. The completed work included:
• Removed the existing culvert pipes, including upstream PCC headwall • Excavated and installed two new 60" diameter HDPE Pipes • Constructed the new PCC upstream headway
• Backfilled and compacted around the new culvert pipe
• Installed construction slurry backfill around the existing waterline • Regraded the roadway and constructed 6" thick AC pavement
FISCAL IMPACT
The cost of the Tonner Canyon Culvert Emergency Repair project is $264,800.00, (Account No. 120- 714-5205, MP 00-20 #22). This work was necessary to repair the damage sustained during the early February winter storms, which was a declared state and federal disaster event. Staff will seek reimbursement for this work through FEMA's Public Assistance program.
RECOMMENDATION
A. Staff recommends that the City Council adopt Resolution CC 2024-34; and B. Accept the work performed by LA Engineering, Inc. in the amount of $264,800.00; and C. Authorize the Mayor or her designee to execute the Notice of Completion; and D. Authorize the City Clerk to file a Notice of Completion for the project.
Attachments
A. Resolution No. CC 2024-34
B. Notice of Completion, dated July 11, 2024
ATTACHMENT A
RESOLUTION NO. CC 2024-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, CONFIRMING THE CONTINUED EXISTENCE OF AN
EMERGENCY CONDITION AT TONNER CANYON, AND DECLARING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE CERTAIN
WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION
22050 AND SECTION 3.52.110 OF THE CITY'S MUNICIPAL CODE, AND
ADOPTING A NOTICE OF COMPLETION FOR THE PROJECT
RECITALS
WHEREAS, the City retains title to approximately 3,126 acres of land commonly known as Tonner Canyon, at 15550 Tonner Canyon Road, Brea, California ("Property").
The Property is situated in a portion of unincorporated Los Angeles County (adjacent to the cities of Chino Hills and Diamond Bar), and unincorporated Orange County to the south; and
WHEREAS, the Property is currently served by a single, narrow, paved access road. The road provides access for and to the Boy Scouts' campsites, the Los Angeles County Sheriff's department training facilities, and City owned water tanks. Running along and crossing the road at multiple locations is Brea Creek. At these crossings, there are culverts, that range in size from a single 24" diameter pipe to two-60" diameter pipes.
Many of these culverts were installed back in the 1950s or before; and WHEREAS, during a rain event in early December 2023, one of the culvert locations failed, causing the roadway to collapse and become impassable. The culvert consisted of two-60" Corrugated Metal Pipes ("CMP"). The collapse was caused by the deterioration of the flowline of one of the CMPs, and the road was not able to support the weight of traffic. Subsequent storms further washed away the roadway and in addition, caused an existing waterline that crossed over the culvert to break; and WHEREAS, the emergency work is necessary because the roadway is the only paved access as noted above. Access to the City water tanks is necessary as those tanks provide the water supply to the whole Tonner Property, including fire hydrants located along Tonner Canyon Road. These tanks need to be inspected frequently and must also be accessible for maintenance. A stable water supply is necessary not only for providing water for uses such as Boy Scout campsite and the Sheriff's training, but also for potential fire suppression and we enter the fire season. Because the deterioration of the culver pipes was not visible from the roadway, it was not discovered until it had partially collapsed during a storm event and the flow of water in Brea Creek from that storm event continued to erode at the roadway; and
WHEREAS, the City has adopted the Uniform Public Construction Cost Accounting Act ("Act"), and under the provisions of the Act (California Public Contract Code Section 22035(b)), and Section 3.52.110 of the City's Municipal Code, in the event of an emergency, upon a four-fifths vote by the City Council, the City may procure any necessary equipment, services and supplies for the emergency without engaging in the competitive bidding process; and
WHEREAS, in February 2024, Governor Newsom proclaimed a state of emergency for eight counties in Southern California, including Orange and Los Angeles counties as a result of the series of winter storms that yielded damaging rains in the region; and
WHEREAS, the emergency will not permit a delay resulting from a competitive solicitation for bids, and immediate action is necessary to respond to the emergency.
WHEREAS, there is a need for continued emergency action at the Property to ensure safe access to the City water tanks through the repair of the damaged culvert pipes and roadway.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.
SECTION 2. The emergency work is necessary because the roadway is the only paved access to the Property. Access to the City water tanks is necessary as those tanks provide water supply to the whole Property, including fire hydrants located along Tonner Canyon Road. These tanks need to be inspected frequently and must also be accessible for maintenance. A stable water supply is necessary not only for providing water for uses such as Boy Scout campsite and the Sheriff's training, but also for potential fire suppression and we enter the fire season. Because the deterioration of the culver pipes was not visible from the roadway, it was not discovered until it had partially collapsed during a storm event and the flow of water in Brea Creek from that storm event continued to erode at the roadway. Further, due to the number of storm events during this past rainy season, the condition made it challenging to perform the work in a safe manner. In addition, since the entire culvert needed to be replaced, an engineered plan needed to be prepared to ensure the new culvert would be stable for as long as the one that collapsed, if not longer.
SECTION 3. Based on the foregoing, pursuant to California Public Contract Code Section and 22050 and Section 3.52.110 of the City's Municipal Code, the City Council hereby finds that an emergency situation exists, also existed on May 23, 2024, June 13, 2024, and June 27, 2024, and declares that the public interest and necessity demand the immediate expenditure of public money for such repair work to safeguard life, health, and property without complying with the competitive bidding requirements of the California Public Contract Code. The emergency will not permit a delay resulting from a competitive solicitation for bids, and the action is necessary to respond to the emergency. The City Council hereby waives competitive bidding under Public Contract Code 22050, and Section 3.52.110 of the City's Municipal Code.
SECTION 4. The City Council hereby confirms the agreement between the City and LA Engineering Inc to perform the required emergency services, and authorizes the City Manager to execute all necessary contracts and documents with a qualified contractor(s) or vendors) in addition to the aforementioned agreement, for the Tonner Canyon emergency repair project.
SECTION 5. The City Council shall review the emergency action at every regularly scheduled meeting until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
SECTION 6. As of June 24, 2024, Staff has determined that all work for the emergency drainage improvements at Tonner Canyon has been completed. The City Council hereby accepts the work performed by LA Engineering, Inc., terminates the emergency effective July 11, 2024, and authorizes the Mayor or her designee to execute the Notice of Completion for the Project.
SECTION 7. 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 8. That the City Clerk Shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 11, 2024 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
ATTACHMENT B
*
CITY OF INDUSTRY
Civic-Recreational-Industrial Authority
Industry Public Utilities Commission
X Successor Agency to the Industry Urban-Development Agency 15625 Mayor Dave Way, City of Industry, CA 91744
Notification of Construction Completion
Miscellaneous Drainage
Project: Improvements at Tonner Canyon Date: July 11, 2024 Contract Contract No.: CITY-1522
Contractor: LA Engineering.
As a result of an inspection conducted on 06/19/2024 the contractor's construction work has been completed in accordance with the contract documents, with the exception of the items noted below:
Acceptance of completed construction work shall not relieve the contractor from other requirements of the contract documents.
Accepted by
Contractor Jeff Bird Jeft Bird 06/28/2024
Printed Name signature Title Date
Recommended by
Project Engineer James Cramsie S5IC 06/28/2024
shes transie (Jun 28, 2024 09:10 PD Project Engineer
Printed Name Signature Date
Recommended by
Project Inspector Ashcon Malganji Project Inspector 06/28/2024 Printed Name Signature Title Date
Recommended by
Project Manager Chris Lum Chis Lum 06/28/2024
Printed Name Signature Sr. Construction Manager Date
Recommend by
Public Agency Mathew Hudson Engineering Manager
Printed Name Signature Title Date
Approved by
Public Agency Joshua Nelson City Manager
Printed Name Signature Title Date
CITY COUNCIL
ITEM NO. 6.5
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; James Cramsie, Director of Engineering, CNC Engineering
DATE: July 11, 2024
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2027, revising the scope of services, revising the rate schedule, increasing compensation by $50,000.00, and updating the address for WKE
BACKGROUND
On August 23, 2018, the City Council approved a Professional Service Agreement ("Agreement") with WKE, Inc. ("WKE") in the amount of $175,000.00 for the Grand Avenue Bridge over San Jose Creek. The scope of work entails widening of the Grand Avenue bridge over the San Jose Creek by approximately 18 feet. The existing bridge will be evaluated for seismic performance and be retrofitted, as required. The widening of the bridge and the approach roadway is required for operational improvements on Grand Avenue and to meet future traffic demands.
On August 26, 2021, the City Council approved Amendment No. 1 to the Agreement extending the term through August 26, 2022 as the design was ongoing. Additionally, the rate schedule was updated to reflect WKE's current rates, language was added requiring indemnity specific to independent contractors, and the addresses for the City, City Attorney's office, and WKE were also updated.
On October 27, 2022, the City Council approved Amendment No. 2 to the Agreement extending the term through June 30, 2024 along as an increase in compensation by $10,000.00 as the design remained ongoing. It was also necessary to revise the rate schedule to reflect WKE's updated rates.
DISCUSSION
The Agreement expired on June 30, 2024, and it is necessary to extend the Agreement through June 30, 2027, to allow WKE to complete the design of the bridge project. There is additional work to be added to the scope of services that includes coordination of plan reviews and comments with the U.S. Army Corps of Engineers. WKE will also provide construction support when the project is awarded. Additionally, it is necessary to update the rate schedule to reflect WKE's current rates along with a companion increase in compensation by $50,000.00 and update the address for WKE.
FISCAL IMPACT
The fiscal impact associated with Amendment No. 3 is $50,000.00. In the adopted FY 2024-2025 Capital Improvement Project budget, $100,000.00 is approved for this work and no appropriations are required (Account No. 120-705-5130) (MP 99-31 #54).
RECOMMENDATION
Staff recommends the City Council approve Amendment No. 3 to the Agreement with WKE, Inc.
Attachments
A. Amendment No. 3 to the Professional Services Agreement with WKE, Inc., dated July 11, 2024
ATTACHMENT A
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT WITH WKE, INC.
This Amendment No. 3 to the Professional Services Agreement (Agreement") is made and entered into this 11" day of July 2024, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and WKE, Inc., a California Corporation and wholly owned subsidiary of HDR Engineering, Inc., ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".
RECITALS
WHEREAS, on or about August 23, 2018, the Agreement was entered into and executed between the City and Consultant to provide general engineering design services for the Grand Avenue Bridge Widening over San Jose Creek Project; and WHEREAS, on or about August 26, 2021, Amendment No. 1 was approved to extend the Agreement through August 26, 2022, to allow Consultant to continue providing engineering design services and to amend the rate schedule in its entirety to reflect Consultant's current rates.
Additionally, it was necessary to comply with best practices and revise the indemnity provisions specific to independent contractors, as well as update the addresses for the City Attorney, the City, and the Consultant; and
WHEREAS, on or about October 27, 2022, to allow Consultant to continue providing the services, Amendment No. 2 was approved, extending the Agreement through June 30, 2024, with a companion increase in compensation of $10,000.00, and amending the rate schedule in its entirety to reflect Consultant's current rates; and
WHEREAS, the Agreement expired on June 30, 2024, and an extension is needed through June 30, 2027, to allow Consultant to complete the engineering design services for the project. Additional work is also required that includes coordination of plan reviews by the U.S.
Army Corps of Engineers. The rate schedule also needs to be amended in its entirety to reflect Consultant's current rates along with a companion increase in compensation of $50,000.00. It is also necessary to update the address for Consultant; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 3, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
1. TERM
Section 1, Term, is hereby revised to read in its entirety as follows:
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2027, unless sooner terminated pursuant to the provisions of this Agreement.
4. PAYMENT
The second sentence of Section 4 (a) is amended as follows:
This amount shall not exceed Two Hundred Thirty Five Thousand Dollars ($235,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
15. NOTICES
Section 15 is hereby revised to include the address for the Agency as follows:
To Consultant:
WKE, Inc.
3220 El Camino Real, Suite 200
Irvine, CA 92602
Attn: Daniel Weddell
Exhibit A, Scope of Services
The Scope of Services is hereby revised to include the services set forth in Attachment No. 1 attached hereto, and incorporated herein by reference.
Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 2 attached hereto, and incorporated herein by reference.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry WKE, Inc.
By: By:
Joshua Nelson, City Manager Daniel Weddell, Vice President Attest:
By:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By:
James M. Casso, City Attorney
ATTACHMENT 1
EXHIBIT A
Scope of Services
Consultant shall provide the following additional services:
• Complete plans and specifications based on the current Caltrans standards. • Coordinate project permit and plan reviews and address comments by the U.S. Army Corps of Engineers
ATTACHMENT 1
EXHIBIT B
Rate Schedule
Classification Hourly Rate
Project Manager $347.70
Senior Engineer $241.9
Project Engineer $167.40
Assistant Engineer $123.30
CADD $155.80
EXHIBIT A TO AMENDMENT NO. 3
PROFESSIONAL SERVICES AGREEMENT WITH WKE INC. DATED AUGUST 23, 2018
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of August 23r, 2018 ("Effective Date"), between the City of Industry, a municipal corporation ('City") and WKE, Inc., a California Corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".
RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 23, 2021, unless sooner terminated pursuant to the provisions of this Agreement.
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 professional engineering services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this
Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.
3. MANAGEMENT
City's Acting City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.
4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Seventy-Five Thousand dollars ($175,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.
5. LABOR CODE AND PREVAILING WAGES
(a) Consultant represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and any location where the Services are performed. Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Consultant shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Consultant shall make all such records available for inspection at all reasonable hours.
To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Consultant shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code.
(e) If the Services are being performed as part of an applicable Public works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Agreement and require the same of any subconsultants, as applicable. This Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
6. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.
OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying
and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.
8. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
9. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.
10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
13. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager
With a Copy To: James M. Casso, City Attomey
Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
To Consultant:
16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding Consultants use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.
Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.
17. GOVERNING LAW/ATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
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 Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
23. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry
By: By.
Troy Helling, Acting City Manager Wei Koo, President
Approved as to form:
Panson Caro
By:
James M. Casso, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES
1- BRIDGE GENERAL PLANS/ STRUCTURE TYPE SELECTION
The consultant will prepare the bridge general plans to reflect all the geometric, utility, foundation and bridge design changes. The bridge general plan will follow Caltrans Office of Special Funded Project Branch Information & Procedure Guide Section 4-2 "Structure Type Selection". Bridge General Plans will be based on the bridge site data such as roadway geometry, utility and drainage design. Those data will be supplied by the City. It is assumed that roadway designers will provide completed electronic format (AutoCAD) to the bridge engineers. Detailed falsework clearance calculations will be prepared by the bridge engineers to verify the proposed overhead clearance of all bridge constructions that require concrete construction on falsework. Design will follow the Caltrans LRFD Bridge Design Specification.
The existing bridge may require seismic retrofitting measures due to the proposed outside widening. We will investigate the seismic safety and structural integrity of the existing structure follows the latest direction from Caltrans on "sliver" widening and may recommend additional measure to the design of the widening to strengthen the existing structures.
Preliminary seismic analysis will be performed during the Bridge Type Selection Phase. The purpose of the seismic analysis is to confirm the structure dimension and foundation type, size and locations. Seismic analysis will be based on the preliminary geotechnical design memo produced by the project geotechnical engineer. The analysis would include dynamic analysis based on the proposed ARS curve per SDC
1.7 and estimated foundation stiffness. The analysis will determine elastic seismic displacement of the proposed structure.
The proposed structure will span over San Jose Creek, an improved concrete channel owned by maintained by Los Angeles Flood Control District. As the design of the widening is not expected to reduce the amount of the freeboard, it is assumed no additional hydraulic analysis would be required.
Bridge Type Selection Report will be prepared that contains the material as required under Caltrans Information and Procedure Guide 4-2. We will also prepare General Plan Estimates for all the structure alternatives that have been studied during the Type Selection process and will confirm the proposed foundation design following foundation recommendations contained in the Preliminary and Final Foundation Report to be supplied by the City.
Deliverables
• Bridge General Plans
• Bridge Type Selection Report
• GP Estimates
2- UNCHECKED DETAILS SUBMITTAL
The bridge design will have prepared in accordance with the codes and standards of Caltrans. The following list summarizes the key design components of the structural improvements for the proposed bridge widening and reconstruction.
1. All plans and calculations will be prepared in English Imperial units.
2. Seismic analysis will follow the procedures as outlined in Caltrans SDC and chapter 20 of the Caltrans Memo to Designers. Effect of the combined structures will be analyzed, and additional retrofit requirement in addition to the bridge widening will be evaluated.
3. Bridge structures will be designed following the latest Caltrans Seismic Design Criteria (SDC 1.7).
4. Because the bridge widening would involve a partial removal of the existing bridge overhang with raised walkway, structure will be designed with the properly coordinated construction sequence and staging plans. Construction joints will be placed and specified on the plans to indicate location of splices.
5. The bridge may require a new utility opening to accommodate a future utility line. Utility relocation will be referenced in the bridge plans.
The Unchecked Details and Specifications will be submitted to the City of Industry (City) and County of Los Angeles (County) for review comments.
Deliverables
Preliminary Estimates
Draft Structure Special Provisions
65% Unchecked Detail Plans. The list of plans is shown below:
Sheet Title No. of Sheets Comments
Bridge General Plan
Seismic Retrofit Strategy General Plan 1 (if required)
Foundation Plans 1
Grid Grades/ Deck Contour Plans 1
Abutment 1 and 2 Layout and Sections 2
Abutment Details/ Wing Wall Details 1
Abutment Retrofit Details 1 (if required)
Girder Layout Sections 1
Girder Sections and Details 1
Girder profiles and prestressing Details 1
Barrier Rail and Lighting Details 1
Miscellaneous Details 1
Log of Test Borings 1
Bridge (Widening) 12
Seismic Retrofit 2
3. INITIAL STRUCTURE PLANS
The consultant will follow the Caltrans practice and the plans will be checked independently by a registered engineer. The intent is to swap between the designers and checkers in order to maintain objectivity of the independent checking process.
Differences in the calculations will be reconciled first before the Initial Plans will be submitted to Caltrans for review and approval.
The consultant will prepare a final quantity takeoff. The based on the standard Item List developed in accordance with the Caltrans Standard Specification and Standard Special Provisions. Designer quantity take-offs will be compared with the independent quantity takeoffs following the completion of unchecked Details Plans. The consultant will also prepare a complete set of independent quantity check calculations of all structural components. The quantities will be compared with the designers quantity alectra com al ente
takeoffs, and all structure bid items will be checked in accordance with Caltrans Bridge Design Aids Section 11 "Estimating"
Suggested Work Days schedules will be prepared for the individual structures, as well as tor the group of structures to be advertised and constructed in single phase. The 2018 Caltrans Standard Specification will be the basis of the project specification.
We will develop a project specification using the Caltrans Standard Special Provisions (SSP) format.
The consultant will submit the Initial Structure Plans to the County and the City for review and approval. This stage of the submittal will include the followings:
• Bridge Plans,
• Standard Special Provisions
• Quantity and Initial Engineers estimates
Deliverables
• 90% Plans, Special Provisions and Estimates
• Design Calculations
• Check Calculations
• Check Detail Comments and Resolutions
4. FINAL PS&E SUBMITTAL
The final approval submittal will implement the design corrections as noted in the agency's review and the consultant's response comments. The consultant will also produce our final Engineers Estimates as part of the final PS&E Submittal. The consultant will also prepare the final RE pending files in accordance with Caltrans OSFP I&P Guides.
All structure plans will be submitted to Caltrans both in hardcopy format, and electronic format. All plans will be prepared in DGN formats following Caltrans
structure CAD preparation guidelines. RE pending files will be prepared in accordance with Caltrans MTD requirement, including the quantity summary sheets, MR calculations, final approved foundation report, 1=50 scale deck contour sheets, and construction notes to RE.
Deliverables
• Final 100% PS&E Submittal
• PE Pending Files
5. POST DESIGN SERVICES
The consultant Team will conduct post design services (PDS) during the construction of the structures. The post design services include the following activities:
1. Attend pre-construction meeting
2. Respond to Request for Information (RFI) generated by the Construction Manager
Review prestressing reinforcement and joint seal assembly shop drawings
4. Produce As-Built plans
EXHIBIT B
RATE SCHEDULE
Project Manager • $275.92
Senior Engineer $209.55
Project Engineer $124.24
Assistant Engineer $88.29
CAD $95.01
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satistactory to the City.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, Tor bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may
arise from or in connection with the performance of the Services herender by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, , the City and Consultant may renegotiate Consultant's compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.