Agenda — Industry City Council, November 14, 2024

CITY OF INDUSTRY

CITY COUNCIL

REGULAR MEETING

AGENDA CUT OF LOUSED
Mayor Cory C. Moss
* 1957
Mayor Pro Tem Michael Greubel
COT Council Member Steve Marcucci
NOVEMBER 14, 2024
ANGELES CONS Council Member Mark D. Radecki
9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
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. ublic Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not oi ne Agenda may do so during the "Public Comments" penod. In order to conduct a timely meetina. ther 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: 217 741 502 316
Meeting Passcode: 2cuZDf
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 829 300 27#
Americans with Disabilities Act:

In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.

Agendas and other writings:

In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at the 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
NOVEMBER 14, 2024
PAGE NO. 1
Call to Order

2. Flag Salute

3. AB 2449 Vote on Emergency Circumstances (if necessary)

4. Roll Call
Presentations-SGVCOG Roadshow

6. CONSENT CALENDAR

6.1 Consideration of the Register of Demands for November 14, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 Consideration of a Professional Services Agreement with Mark Thomas & Company, Inc., to provide structural engineering design services for the Follows Camp Ecological Design and Implementation Project, through June 30, 2026
RECOMMENDED ACTION: Approve the Agreement.

6.3 Consideration of a Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences, to provide environmental consulting and design services, for the Follows Camp Ecological Design and Implementation Project, in an amount not-to-exceed $877,200.00, through June 30, 2026
RECOMMENDED ACTION: Approve the Agreement.

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

CITY-1531, Grand Avenue Slope Reconstruction and Pavement Rehabilitation from Baker Parkway to Ferrero Parkway, for an estimated cost of $1,860,500.00
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising and receipt of electronic bids.

6.5 Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to utilize for a fundraising event
RECOMMENDED ACTION: Approve the Facilities Use
Agreement.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 14, 2024
PAGE NO. 2
Consideration of Amendment No. 5 to the Professional Services Agreement with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., for Lanatill Operation, Monitoring and Maintenance Consulting Services, extending the term through December 31, 2027, revising the rate schedule, and increasing compensation by $650,000.00 RECOMMENDED ACTION: Approve the Amendment.

6.7 Consideration of a Reimbursement Agreement with Rowland Water District for water line relocation services on the Fullerton Road Reconstruction project, in the amount of $548,327.00 (MP 17-05#2) RECOMMENDED ACTION: Approve the Agreement.

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

CITY-1528, Annual Pavement Rehabilitation FY 23, for an estimated cost of $7,501,000.00
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising and receipt of electronic bids.

Consideration of a Joint Exercise of Powers Agreement for First Public Hydrogen Authority with the City of Lancaster, California RECOMMENDED ACTION: Approve the Agreement.

ACTION ITEMS-NONE

PUBLIC HEARINGS - NONE

CLOSED SESSION

9.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 555 S. El Encanto Road, City of
Industry, California 91745, also known
as Assessor Parcel Numbers 8208-27-
901, 902, 906, 907, and 918.

Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: El Encanto Healthcare & Habilitation Center
Under Negotiation: Price and terms of payment

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 14, 2024
PAGE NO. 3

9.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Golden State Environmental Justice Alliance v. City of Industry, et Case No.: Los Angeles County Superior Court Case No. 24STCP03186

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, December 12, 2024, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 14, 2024
PAGE NO. 4

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF NOVEMBER 14, 2024
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 3,550,017.19
103 PROP A FUND 33,337.24
107 MEASURE W FUND 42,751.59
120 CAPITAL IMPROVEMENTS 178,075.50
TOTAL ALL FUNDS 3,804,181.52
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BANK OF AMERICA - CKING ACCOUNT 140,041.30
PROP/A PROP A - CKING ACCOUNT 33,337.24
MAN MEASURE W - CKING ACCOUNT 42,751.59
WELLS FARGO - CKING ACCOUNT 3,588,051.39
TOTAL ALL BANKS 3,804,181.52

APPROVED PER CITY MANAGER DATE
1/6/24
CITY OF INDUSTRY P. 1

BANK OF AMERICA
November 14, 2024
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1388 10/17/2024 MIDAMERICA ADMINISTRATIVE & RET $67,399.56 Invoice Date Description Amount
NOV/DEC2024 10/17/2024 RETIREE HEALTH PREMIUM REIMBURSEMENTS $67,399.56 WT1389 10/21/2024 CAL-PERS $66,275.22
Invoice Date Description Amount
NOV-24 10/21/2024 CALPERS MEDICAL PREMIUM FOR NOVEMBER 2024 $66,275.22 WT1390 10/24/2024 JOHN HANCOCK USA S6,366.52
Invoice Date Description Amount
9/28/24-10/11/24 10/24/2024 PARS CONTRIBUTIONS FOR 9/28/24-10/11/24 $6,366.52 Checks Status Count Transaction Amount
Total 3 $140,041.30
CITY OF INDUSTRY P. 2
PROP A
November 14, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90626 10/23/2024 WALNUT VALLEY WATER DISTRICT $435.35
Invoice Date Description Amount
5127955 10/07/2024 9/1-9/30/24 SVC-PLATFORM METROLINK BREA CYN RD $25.14 5127000 10/07/2024 9/1-9/30/24 SVC-IRR-METROLINK STN SPANISH LN $410.21 90627 10/30/2024 SOUTHERN CALIFORNIA EDISON $276.79
Invoice Date Description Amount
2025-00000664 10/21/2024 9/20-10/20/24 SVC-600 S BREA CYN RD B $276.79 90628 11/14/2024 CNC ENGINEERING $21,392.50
Invoice Date Description Amount
511282 10/24/2024 ANNUAL BUS STOP ADA IMPROVEMENTS $487.50 511283 10/24/2024 METROLINK STATION COMMUTER RAIL STATION $315.00 511284 10/24/2024 FULLERTON RD GRADE SEPARATION $8,557.50 511285 10/24/2024 FAIRWAY DR GRADE SEPARATION $3,175.00 511286 10/24/2024 TURNBULL CYN RD GRADE SEPARATION $8,857.50 90629 11/14/2024 INDUSTRY SECURITY SERVICES $11,129.60
Invoice Date Description Amount
SG-ML-2008 10/18/2024 SECURITY SVC-METROLINK $2,782.40
SG-ML-2007 10/11/2024 SECURITY SVC-METROLINK $2,782.40
SG-ML-2010 11/01/2024 SECURITY SVC-METROLINK $2,782.40
SG-ML-2009 10/25/2024 SECURITY SVC-METROLINK $2,782.40
90630 11/14/2024 SO CAL INDUSTRIES $103.00
Invoice Date Description Amount
716191 10/29/2024 RR RENTAL-METROLINK $103.00
CITY OF INDUSTRY P. 3
PROP A
November 14, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
Checks Status Count Transaction Amount
Total 5 $33,337.24
CITY OF INDUSTRY P. 4

MEASURE W
November 14, 2024
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300120 11/14/2024 CASC ENGINEERING AND CONSULTIN $4,440.00 Invoice Date Description Amount
52105 09/30/2024 NPDES CONSULTING SVC $4,440.00
300121 11/14/2024 CIVILTEC ENGINEERING, INC $1,205.50
Invoice Date Description Amount
51627 10/09/2024 FOUR GRADE SEPARATION PUMP STATIONS $1,205.50 300122 11/14/2024 CNC ENGINEERING $10,853.75
Invoice Date Description Amount
511279 10/24/2024 NDES STORM WATER $6,871.25
511280 10/24/2024 REPAIRS/UPGRADES TO CITY OWNED PUMP STATION $195.00 511281 10/24/2024 FOUR GRADE SEPARATION PUMP STATIONS $3,787.50 300123 11/14/2024 LOS ANGELES COUNTY PUBLIC WORI $26,252.34 Invoice Date Description Amount
PW-24100701825 10/07/2024 PUMP HOUSE MAINT $25,436.37
PW-24100701816 10/07/2024 PUMP HOUSE MAINT $815.97
Checks Status Count Transaction Amount
Total 4 $42,751.59
CITY OF INDUSTRY P. 5

WELLS FARGO WIRE TRANSFERS
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10062 10/03/2024 WELLS FARGO $12,016.23
Invoice Date Description Amount
9/2-10/3/24-J2 10/03/2024 CREDIT CARD EXPENSE P/E 10/3/24-JOSH $3,397.49 9/2-10/3/24-S2 10/03/2024 CREDIT CARD EXPENSE P/E 10/3/24-SAM $1,225.98 9/2-10/3/24-V2 10/03/2024 CREDIT CARD EXPENSE P/E 9/3/24-V $7,392.76 Checks Status Count Transaction Amount.

Total 1 $12,016.23
CITY OF INDUSTRY P. 6
• WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83975 10/21/2024 CITY OF INDUSTRY - PETTY CASH $734.08
Invoice Date Description Amount
10/21/2024 10/21/2024 REIMBURSE PETTY CASH FOR PERIOD 6/28/24-10/20/2. $734.08 83976 10/21/2024 CITY OF INDUSTRY-PAYROLL ACCT $200,000.00 Invoice Date Description Amount
PR P/E 10/11/24 10/21/2024 REPLENISH PAYROLL P/E 10/11/24 $200,000.00 83977 10/21/2024 CODE 3 CREATIONS $97.46
Invoice Date Description Amount
2231 09/28/2024 WALL OF FAME (9X12) PLAQUE $97.46
83978 10/21/2024 SAN GABRIEL VALLEY CITY MANAGEF $120.00 Invoice Date Description Amount
10/16/2024 10/16/2024 POST-ELECTION SEMINAR-JOSH, BING, SAM $120.00 83979 10/21/2024 SPARKLETTS $277.97
Invoice Date Description Amount
21654939 101824 10/18/2024 WATER DELIVERY $277.97
83980 10/21/2024 STATE COMPENSATION INSURANCE F $2,530.65 Invoice Date Description Amount
1002369307 10/01/2024 WORKERS COMP PREMIUM FOR OCTOBER 2024 $2,530.65 83981 10/23/2024 FRONTIER $585.48
Invoice Date Description Amount
2025-00000659 10/10/2024 10/10-11/9/24 SVC-600 BREA CYN RD $359.00 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY. WF.CHK - City General Wells Fargo
2025-00000660 10/02/2024 10/2-11/1/24 SVC-IH GOLF COURSE FUEL PUMP $148.48 2025-00000661 10/02/2024 10/2-11/1/24 SVC-1015 NOGALES ST $78.00 83982 10/23/2024 SAN GABRIEL VALLEY WATER CO. $8,561.86 Invoice Date Description Amount
2025-00000641 10/14/2024 9/11-10/14/24 SVC-123 IRRIG WORKMAN MILL $340.36 2025-00000642 10/14/2024 9/11-10/11/24 SVC-132 IRRIG PUENTE $599.23 2025-00000643 10/14/2024 9/11-10/11/24 SVC-13756 VALLEY $5,060.62 2025-00000644 10/16/2024 9/13-10/15/24 SVC-336 EL ENCANTO RD $45.02 2025-00000645 10/15/2024 9/12-10/14/24 SVC-14329 VALLEY $2,516.63 83983 10/23/2024 SOCALGAS $33.15
Invoice Date Description Amount
2025-00000646 10/17/2024 9/13-10/15/24 SVC-610 S BREA CYN $17.37 2025-00000647 10/17/2024 9/13-10/15/24 SVC-1004 U FAIRWAY DR $15.78 83984 10/23/2024 SOUTHERN CALIFORNIA EDISON $7,844.91
Invoice Date Description Amount
2025-00000648 10/16/2024 9/17-10/15/24 SVC-900 NOGALES U $1,516.27 2025-00000649 09/17/2024 8/16-9/16/24 SVC-900 NOGALES U $2,231.20 2025-00000650 10/10/2024 9/11-10/9/24 SVC-504 S 6TH AVE U TC1 $8.38 2025-00000651 10/10/2024 9/11-10/9/24 SVC-490 S 7TH U $107.20 2025-00000652 10/09/2024 9/10-10/8/24 SVC-122 N PUENTE AVE U1 $118.85 2025-00000653 10/09/2024 9/6-10/8/24 SVC-VARIOUS SITES $139.98 2025-00000654 10/09/2024 9/10-10/8/24 SVC-575 BALDWIN PARK BLVD U $102.20 2025-00000655 10/15/2024 9/16-10/14/24 SVC-17635 GALE AVE $3,411.70 2025-00000656 10/15/2024 9/16-10/14/24 SVC-VARIOUS SITES $8.76 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000657 10/15/2024 9/16-10/14/24 SVC-1341 FULLERTON RD $57.34 2025-00000658 10/15/2024 9/16-10/14/24 SVC-1023 U FAIRWAY DR $143.03 83985 10/23/2024 VERIZON BUSINESS $192.41
Invoice Date Description Amount
06975719 10/10/2024 9/1-9/30/24 SVC-VARIOUS SITES $145.24 06975718 10/10/2024 9/1-9/30/24 SVC-VARIOUS SITES $47.17 83986 10/23/2024 WALNUT VALLEY WATER DISTRICT $6,128.04 Invoice Date Description Amount
5127936 10/07/2024 9/1-9/30/24 SVC-PUMP STN N/ CHERYL LN/MAYO $39.64 5127956 10/07/2024 9/1-9/30/24 SVC-PUMP STN BREA CYN $64.20 5128186 10/07/2024 9/1-9/30/24 SVC-NOGALES PUMP STN $75.90 5127028 10/07/2024 9/1-9/30/24 SVC-IRR 820 FAIRWAY DR $75.90 5127079 10/07/2024 9/1-9/30/24 SVC-LEMON AVE N OF CURRIER RD $135.82 5127193 10/07/2024 9/1-9/30/24 SVC-60 FWY INTERCHANGE FAIRWAY DR $32.01 5127113 10/07/2024 9/1-9/30/24 SVC-BREA CYN RD & OLD RANCH RD $90.02 5127129 10/07/2024 9/1-9/30/24 SVC-FERRERO & GRAND EAST RAMP $955.26 5127174 10/07/2024 9/1-9/30/24 SVC-21350 VALLEY/MEDIAN $211.39 5127175 10/07/2024 9/1-9/30/24 SVC-GRAND CROSSING EAST $57.96 5127176 10/07/2024 9/1-9/30/24 SVC-GRAND CROSSING WEST $108.34 5127177 10/07/2024 9/1-9/30/24 SVC-BAKER PKWY & GRAND NAW CNR $859.08 5127184 10/07/2024 9/1-9/30/24 SVC-E/S GRAND S/O BAKER PKWY $114.83 5127190 10/07/2024 9/1-9/30/24 SVC-BREA CYN N OF RR TRKS $435.05 5127191 10/07/2024 9/1-9/30/24 SVC-BREA CYN N OF CURRIER $68.65 5128200 10/07/2024 9/1-9/30/24 SVC-1004 U FAIRWAY DR GRADE SEP $39.64 5127147 10/07/2024 9/1-9/30/24 SVC-BAKER PKWY METER #1 $278.71 CITY OF INDUSTRY P. 9

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
5127148 10/07/2024 9/1-9/30/24 SVC-BAKER PKWY METER #2 $237.98 5127154 10/07/2024 9/1-9/30/24 SVC-GRAND AVE CROSSING $294.43 5127155 10/07/2024 9/1-9/30/24 SVC-GRAND AVE CROSSING $119.38 5127157 10/07/2024 9/1-9/30/24 SVC-22002 VALLEY BLVD $765.57 5127215 10/07/2024 9/1-9/30/24 SVC-21627 GRAND CROSSING PKWY #3 $538.07 5127216 10/07/2024 8/31-9/30/24 SVC-21627 GRAND CROSSING PKWY #4 $530.21 83987 10/25/2024 LAND OF THE FREE FOUNDATION $2,500.00
Invoice Date Description Amount
10/22/2024 10/22/2024 LAND OF THE FREE-VETERAN'S DAY DINNER 2024 $2,500.00 83988 10/25/2024 STATE WATER RESOURCES CONTROI $652.00
Invoice Date Description Amount
578265 10/22/2024 APPLICATION FEE-CHINO RANCH DAM NO. 1 $652.00 83989 10/25/2024 VALLEY VISTA SERVICES, INC $102.60
Invoice Date Description Amount
1360743 09/04/2024 DISP SVC-13009 VALLEY BLVD $102.60
83990 10/28/2024 NEXTIVA, INC. $2,111.73
Invoice Date Description Amount
40003844111 10/27/2024 CITY HALL PHONE SVC $1,835.54
40003582879 08/24/2024 PHONE SVC FOR YAL $276.19
83991 10/28/2024 SPECTRUM $938.99
Invoice Date Description Amount
188632001100724 10/07/2024 • BUSINESS INTERNET-OCT 2024 $938.99 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
83992 10/30/2024 Johnston & Hutchinson LLP $250,000.00
Invoice Date Description Amount
10/3/2024 10/30/2024 SETTLEMENT AGREEMENT $250,000.00
83993 10/30/2024 LA COUNTY REGISTRAR-RECORDER: $75.00
Invoice Date Description Amount
10/25/2024 10/25/2024 FILING FEE-NOTICE OF EXEMPTION FOR RESOLUTION $75.00 83994 10/30/2024 L A COUNTY REGISTRAR-RECORDER/ $75.00
Invoice Date Description Amount
10/25/2024-A 10/25/2024 FILING FEE-NOTICE OF EXEMPTION FOR ORDINANCE : $75.00 83995 10/30/2024 AT & T $385.28
Invoice Date Description Amount
2025-00000668 10/17/2024 10/17-11/16/24 SVC-TONNER GUARD SHACK $385.28 83996 10/30/2024 FRONTIER $482.40
Invoice Date Description Amount
2025-00000665 10/16/2024 10/16-11/15/24 SVC-BREA CYN PUMP STN $114.86 2025-00000666 10/16/2024 10/16-11/15/24 SVC-PH AUTO PLAZA $240.26 2025-00000693 10/19/2024 10/19-11/18/24 SVC-FOLLOWS CAMP 23400 E FORK AZI $127.28 83997 10/30/2024 ROWLAND WATER DISTRICT $1,953.85
Invoice Date Description Amount
2025-00000682 10/23/2024 9/8-10/7124 SVC-AZUSA AVE - RC $148.97 2025-00000683 10/23/2024 9/8-10/7/24 SVC-755 NOGALES AT - RC $286.57 CITY OF INDUSTRY P. 11

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000684 10/23/2024 9/8-10/7/24 SVC-909 U NOGALES ST - IRR $364.64 2025-00000685 10/23/2024 9/8-10/7/24 SVC-1100 S AZUSA AVE $193.68 2025-00000686 10/23/2024 9/8-10/7/24 SVC-1123 HATCHER ST STE D $315.68 2025-00000687 10/23/2024 9/8-10/7/24 SVC-1135 HATCHER AVE $50.48 2025-00000688 10/23/2024 9/8-10/7/24 SVC-1123 HATCHER ST STE C $128.00 2025-00000689 10/23/2024 9/8-10/7/24 SVC-1015 NOGALES ST - PUMP HOUSE $337.83 2025-00000690 10/23/2024 9/8-10/7/24 SVC-1023 NOGALES ST - IRR $128.00 83998 10/30/2024 SOCALGAS $83.13
Invoice Date Description Amount
2025-00000667 10/23/2024 9/19-10/21/24 SVC-13756 VALLEY BLVD $15.78 2025-00000692 10/24/2024 9/20-10/22/24 SVC-15415 DON JULIAN RD $67.35 83999 10/30/2024 SOUTHERN CALIFORNIA EDISON $20,124.88
Invoice Date Description Amount
2025-00000669 10/18/2024 9/19-10/17/24 SVC-VARIOUS SITES $109.50 2025-00000670 10/17/2024 9/16-10/14/24 SVC-VARIOUS SITES $4,517.82 2025-00000671 10/15/2024 9/16-10/14/24 SVC-VARIOUS SITES $7,711.53 2025-00000672 10/15/2024 9/11-10/14/24 SVC-VARIOUS SITES $2,076.35 2025-00000673 10/21/2024 9/20-20/20/24 SVC-1007 LAWSON ST TC1 $83.91 2025-00000674 10/21/2024 9/20-10/20/24 SVC-1004 U FAIRWAY DR $454.83 2025-00000675 10/22/2024 9/19-10/17/24 SVC-1015 NOGALES ST $508.29 2025-00000694 10/23/2024 9/24-10/22/24 SVC-VARIOUS SITES $334.25 2025-00000695 10/24/2024 10/15-10/23/24 SVC-VARIOUS SITES $8.96 2025-00000696 10/25/2024 9/26-10/24/24 SVC-15660 STAFFORD ST $2,459.73 2025-00000697 10/25/2024 9/26-10/24/24 SVC-205 N HUDSON AVE $308.81 2025-00000698 10/23/2024 5/15-10/14/24 SVC-VARIOUS SITES $21.53 CITY OF INDUSTRY P. 12

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000699 10/21/2024 9/3-10/20/24 SVC-VARIOUS SITES $835.78 2025-00000700 10/23/2024 9/24-10/22/24 SVC-VARIOUS SITES $693.59 84000 10/30/2024 SOUTHERN CALIFORNIA EDISON $1,159.06
Invoice Date Description Amount
2025-00000691 10/25/2024 9/26-10/24/24 SVC-15530 STAFFORD ST $1,159.06 84001 10/30/2024 SUBURBAN WATER SYSTEMS $91.42
Invoice Date Description Amount
180081421415 10/22/2024 9/25-10/22/24 SVC-205 HUDSON AVE $91.42 84002 10/30/2024 LA PUENTE VALLEY HISTORICAL SOC $2,000.00 Invoice Date Description Amount
10/24/2024 10/24/2024 DONATION FOR OUTDOOR IMPROVEMENTS TO ROWL $2,000.00 84003 11/01/2024 FIDELITY SECURITY LIFE INSURANCEI $1,181.25 Invoice Date Description Amount
166536064 11/01/2024 VISION PREMIUM FOR NOVEMBER 2024 $1,181.25 84004 11/01/2024 HUMANA INSURANCE COMPANY $6,631.31
Invoice Date Description Amount
389690487 10/13/2024 DENTAL PREMIUM FOR NOVEMBER 2024 $6,631.31 84005 11/01/2024 MUTUAL OF OMAHA - PAYMENT PROC $8,328.88 Invoice Date Description Amount
1779543312 10/17/2024 LIFE INS PREMIUM FOR NOVEMBER 2024 $8,328.88 CITY OF INDUSTRY P. 13

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84006 11/01/2024 UNUM LIFE INSURANCE COMPANY OF $8,334.00 Invoice Date Description Amount
11/1-11/30/24 10/18/2024 LONG TERM CARE PREMIUM FOR NOVEMBER 2024 $8,334.00 84007 11/06/2024 HAGERTY, MARIA L. $785.41
Invoice Date Description Amount
11/4/2024 11/04/2024 REIMBURSE FOR TRAVEL EXPENSE-CALPERS CONFEI $785.41 84008 11/06/2024 HARDT, JULIE $877.25
Invoice Date Description Amount
11/4/2024 11/04/2024 REIMBURSE FOR TRAVEL EXPENSE-CALPERS CONFEI $877.25 84009 11/06/2024 AT & T $179.00
Invoice Date Description Amount
3434684903 10/23/2024 9/19-10/18/24 SVC-600 S BREA CYN-METROLINK $179.00 84010 11/06/2024 LA PUENTE VALLEY COUNTY WATER $44,001.53 Invoice Date Description Amount
2025-00000703 11/01/2024 8/19-10/16/24 SVC-15660 STAFFORD ST $369.40 2025-00000717 11/01/2024 8/19-10/16/24 SVC-1 AZUSA WAY (IRRI) $922.82 2025-00000718 11/01/2024 8/19-10/16/24 SVC-285 HACIENDA BLVD (IRRI) $215.68 2025-00000719 11/01/2024 8/19-10/16/24 SVC-HACIENDA & STAFFORD ST (1) $678.52 2025-00000720 11/01/2024 8/19-10/16/24 SVC-HACIENDA & STAFFORD (IRR) $939.34 2025-00000721 11/01/2024 8/19-10/16/24 SVC-211 HACIENDA BLVD (IRRI) $312.28 2025-00000722 11/01/2024 8/19-10/16/24 SVC-HUDSON AVE (IRRI) $630.22 2025-00000723 11/01/2024 8/19-10/16/24 SVC-STAFFORD ST (IRRI) $1,328.96 2025-00000724 11/01/2024 8/19-10/16/24 SVC-220 HACIENDA BLVD (IRRI) $807.32 CITY OF INDUSTRY P. 14

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000725 11/01/2024 8/19-10/16/24 SVC-NELSON AVE (IRRI) $4,049.86 2025-00000726 11/01/2024 8/19-10/16/24 SVC-SOTRO ST (IRRI) $2,655.60 2025-00000727 11/01/2024 8/19-10/16/24 SVC-15651 STAFFORD ST $3,447.72 2025-00000728 11/01/2024 8/19-10/16/24 SVC-RAUSCH RD (IRRI) $769.52 2025-00000729 11/01/2024 8/19-10/16/24 SVC-RAUSCH RD (IRRI) $837.14 2025-00000730 11/01/2024 8/19-10/16/24 SVC-STAFFORD & OLD VALLEY (1) $2,072.78 2025-00000731 11/01/2024 8/19-10/16/24 SVC-15716 RAUSCH RD $238.22 2025-00000732 11/01/2024 8/19-10/16/24 SVC-ALONG RAILROAD TRACK (1) $591.58 2025-00000733 11/01/2024 8/19-10/16/24 SVC-PROCTOR & EL ENCANTO (I) $382.28 2025-00000734 11/01/2024 8/19-10/16/24 SVC-HACIENDA BLVD (IRRI) $86.88 2025-00000735 11/01/2024 8/19-10/16/24 SVC-15415 DON JULIAN RD (IRRI) $8,488.51 2025-00000736 11/01/2024 8/19-10/16/24 SVC-15415 DON JULIAN RD (IRRI) $2,716.78 2025-00000737 11/01/2024 8/19-10/16/24 SVC-15415 DON JULIAN RD $250.26 2025-00000738 11/01/2024 8/19-10/16/24 SVC-201 STAFFORD ST (IRRI) $4,340.44 2025-00000739 11/01/2024 8/19-10/16/24 SVC-VALLEY BLVD (IRRI) $160.94 2025-00000740 11/01/2024 8/19-10/16/24 SVC-15415 DON JULIAN RD (IRRI) $2,914.69 2025-00000741 11/01/2024 8/19-10/16/24 SVC-DON JULIAN RD $3,067.09 2025-00000742 11/01/2024 8/19-10/16/24 SVC.PARRIOTT & DON JULIAN RD 1) $237.38 2025-00000758 11/01/2024 8/19-10/16/24 SVC-15625 MAYOR DAVE WAY $112.64 2025-00000759 11/01/2024 8/19-10/16/24 SVC-15625 MAYOR DAVE WAY $376.68 84011 11/06/2024 ROWLAND WATER DISTRICT $2,065.02
Invoice Date Description Amount
2025-00000705 10/23/2024 9/8-10/7/24 SVC-AZUSA AVE $88.03 2025-00000706 10/23/2024 9/8-10/7/24 SVC-AZUSA AVE - CENTER $107.60 2025-00000707 10/23/2024 9/8-10/7/24 SVC-930 S AZUSA AVE $338.66 2025-00000708 10/23/2024 9/8-10/7/24 SVC-17401 E VALLEY BLVD $933.51 CITY OF INDUSTRY P. 15

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2025-00000709 10/23/2024 9/8-10/7/24 SVC-18044 ROWLAND ST $91.28 2025-00000710 10/23/2024 918-10/7124 SVC-HURLEY ST & VALLEY BLVD $505.94 84012 11/06/2024 SAN GABRIEL VALLEY WATER CO. $12,297.26 Invoice Date Description Amount
2025-00000704 10/29/2024 9/24-10/24/24 SVC-IRRIG SALT LAKE/SEVENTH $274.26 2025-00000743 10/29/2024 9/24-10/24/24 SVC-CROSSROADS PKWY S $1,838.51 2025-00000744 10/29/2024 9/24-10/24 SVC-STA 103-80 CROSSROADS PKWY S $290.92 2025-000000745 10/29/2024 9/24-10/24/24 SVC-CROSSROADS PKWY S $2,719.77 2025-00000746 10/29/2024 9/24-10/24/24 SVC-CROSSROADS PKWY N $1,827.49 2025-00000747 10/29/2024 9/24-10/24124 SVC-STA 129-00 CROSSROADS PKWY N $1,695.44 2025-00000748 10/29/2024 9/24-10/24/24 SVC-STA 111-50 CROSSROADS PKWY N $621.39 2025-00000749 10/29/2024 9/24-10/24/24 SVC-PELLISSIER $467.04 2025-00000750 10/29/2024 9/24-10/24/24 SVC-PELLISSIER $246.87 2025-00000751 10/29/2024 9/24-10/24/24 SVC-PECK/UNION PACIFIC B $230.20 2025-00000752 10/29/2024 9/24-10/24/24 SVC-S/E COR OF PELLISSIER $1,882.57 2025-00000753 10/29/2024 9/24-10/24/24 SVC-PELLISSIER $202.80 84013 11/06/2024 SOCALGAS $33.96
Invoice Date Description Amount
2025-00000756 10/31/2024 9/27-10/29/24 SVC-1015 NOGALES ST $18.18 2025-00000757 10/31/2024 9/27-10/29/24 SVC-710 NOGALES ST $15.78 34014 11/06/2024 SOUTHERN CALIFORNIA EDISON $7,551.69
Invoice Date Description Amount
2025-00000754 10/31/2024 10/2-10/30/24 SVC-15625 MAYOR DAVE WAY $7,188.59 2025-00000755 11/01/2024 10/1-10/31/24 SVC-600 S BREA CYN METROLINK STN $363.10 CITY OF INDUSTRY P. 16

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84015 11/06/2024 SUBURBAN WATER SYSTEMS $2,196.25
Invoice Date Description Amount
180071743174 10/23/2024 9/26-10/23/24 SVC-AZUSA & GEMINI $2,196.25 84016 11/14/2024 100% AUTO CARE & DETAILED $1,290.00
Invoice Date Description Amount
141 09/23/2024 CAR WASH SVC-CITY VEHICLES $330.00
142 10/07/2024 CAR WASH SVC-CITY VEHICLES $250.00
143 10/21/2024 CAR WASH SVC-CITY VEHICLES $380.00
144 11/04/2024 CAR WASH SVC-CITY VEHICLES $330.00
84017 11/14/2024 3SI SECURITY SYSTEMS $1,080.00
Invoice Date Description Amount
INV1225970 09/24/2024 TRACKING SVC-SHERIFF'S VEHICLES $1,080.00 84018 11/14/2024 ACORN TECHNOLOGY SERVICES $19,200.00
Invoice Date Description Amount
11825 11/01/2024 NETWORK MAINT $19,200.00
34019 11/14/2024 AIRESPRING INC $1,356.74
Invoice Date Description Amount
190008922 10/16/2024 INTERNET SVC-HOMESTEAD $1,356.74
84020 11/14/2024 ALHAMBRA UNIFIED SCHOOL DISTRIC $200.00 Invoice Date Description Amount
10/28/2024 10/28/2024 BUSING STIPEND FOR 4TH GRADE PROGRAM-THINK L $200.00 CITY OF INDUSTRY P. 17

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF:CHK - City General Wells Fargo
84021 11/14/2024 AMAZON WEB SERVICES, INC $4,184.60
Invoice Date Description Amount
1904418569 11/01/2024 AWS SVC-OCT 2024 $4,184.60
84022 11/14/2024 AVANT-GARDE, INC $1,595.00
Invoice Date Description Amount
10792 10/18/2024 BIP APP TO WIDEN BRIDGE-ANAHEIM-PUENTE RD/SAN $1,595.00 84023 11/14/2024 BASK $22,483.03
Invoice Date Description Amount
21561 10/24/2024 REMAINING BALANCE FOR OFFICE CHAIRS-CITY HALL $22,483.03 84024 11/14/2024 BING HYUN $420.92
Invoice Date Description Amount
10/27/2024 10/27/2024 REIMBURSE FOR TRAVEL EXPENSE-LEAGUE OF CITIE $420.92 84025 11/14/2024 BUSINESS LIFE MAGAZINE $4,000.00
Invoice Date Description Amount
102369 10/15/2024 AD FOR WOMEN ACHIEVERS 2024 $4,000.00 84026 11/14/2024 CASC ENGINEERING AND CONSULTIN $32,315.88 Invoice Date Description Amount
0052173 09/30/2024 IS/MND FOR 17969 RAILROAD ST $12,226.20 0052122 09/30/2024 IS/MND FOR 20701 CURRIER RD $10,137.50 0052128 09/30/2024 14940 PROCTOR AVE $9,952.18
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84027 11/14/2024 CELEBRATION HOLIDAY STUDIO $30,000.00
Invoice Date Description Amount
#1CITY-1530 11/01/2024 2024-2025 CIVIC CENTER DECORATIVE LIGHTING $30,000.00 84028 11/14/2024 CHEM PRO LLC $1,083.20
Invoice Date Description Amount
IN167862 10/01/2024 WATER TREATMENT-VARIOUS SITES $1,083.20 84029 11/14/2024 CINTAS CORPORATION LOC 693 $1,107.09
Invoice Date Description Amount
4208201766 10/14/2024 DOOR MATS $116.77
4208942022 10/21/2024 DOOR MATS $116.77
5237100202 10/29/2024 FIRST AID SUPPLIES $395.65
4209672422 10/28/2024 DOOR MATS $116.77
9294497646 10/31/2024 LEASE FOR AED MACHINE-HOMESTEAD $123.19 9294528461 10/31/2024 LEASE FOR AED MACHINE-CITY HALL $118.26 4210358419 11/04/2024 DOOR MATS $119.68
84030 11/14/2024 CITIES DIGITAL, ING -CDI $6,506.66
Invoice Date Description Amount
61738 10/17/2024 LASERFICHE RENEWAL JAN 2025-JAN 2026 $6,506.66 84031 11/14/2024 CITY OF INDUSTRY-PAYROLL ACCT $200,000.00 Invoice Date Description Amount
PR P/E 10/25/24 11/04/2024 REPLENISH PAYROLL P/E 10/25/24 $200,000.00 84032 11/14/2024 CNC ENGINEERING $184,132.50
CITY OF INDUSTRY P. 19

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
511200 10/24/2024 CHINO RANCH #1 DAM RENOVATION $870.00 511201 10/24/2024 SOLAR INSTALLATION AT CITY HALL $3,362.50 511202 10/24/2024 CITYWIDE ADA SELF-EVALUATION/TRANSITION PLAN $225.00 511203 10/24/2024 KELLA AVE STORM DRAIN $3,510.00
511204 10/24/2024 GALE AVE REALIGNMENT $630.00
511205 10/24/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $2,152.50 511206 10/24/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $2,805.00 511207 10/24/2024 GENERAL ENG SVC-15010 & 15100 NELSON AVE $340.00 511208 10/24/2024 GENERAL ENG SVC-1600 AZUSA AVE $975.00 511209 10/24/2024 GENERAL ENG SVC-DEV PLANS AT IBC $940.00 511211 10/24/2024 GENERAL ENG SVC-TRAFFIC $2,970.00
511212 10/24/2024 GENERAL ENG SVC-COUNTER SERVICE $4,135.00 511213 10/24/2024 GENERAL ENG SVC-PERMITS $23,300.00
511214 10/24/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAD $7,230.00 511215 10/24/2024 GENERAL ENG SVC-PLAN APPROVAL $18,957.50 511216 10/24/2024 GENERAL ENG SVC-STREET LIGHTS $1,140.00 511217 10/24/2024 GENERAL ENG SVC 10/7-10/20/24. $61,997.50 511218 10/24/2024 TONNER CYN PROPERTY $390.00
511219 10/24/2024 TREE REMOVAL ON BOY SCOUT RESERVATION AT TO $120.00 511220 10/24/2024 COLIMA RD WIDENING $860.00
511221 10/24/2024 STREET LIGHT INSTALLATION AT PROCTOR AVE $1,760.00 511222 10/24/2024 CHINO RANCH #1 DAM RENOVATION $17,321.25 511223 10/24/2024 NELSON AVE RESURFACING $3,795.00
511224 10/24/2024 CIVIC CENTER PLANNING AND IMRPOVEMENTS $2,977.50 511225 10/24/2024 CITY ADMINISTRATIVE OFFICES $1,860.00 511226 10/24/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $290.00 CITY OF INDUSTRY P. 20

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
511227 10/24/2024 CITY COUNCIL CHAMBER & IBC BUILDING IMPROVEME $1,470.00 511228 10/24/2024 HOMESTEAD MUSEUM IMPROVEMENTS $705.00 511229 10/24/2024 HOMESTEAD MUSEUM UPGRADES $120.00
511230 10/24/2024 VALLEY BLVD CORRIDOR CO-OP PROJECT WITH LA CI $112.50 511231 10/24/2024 SHERIFF TRAILER SITE $1,250.00
511232 10/24/2024 METROLINK-MAINT OF PARKING LOT $120.00 511233 10/24/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $8,047.50 511234 10/24/2024 EL ENCANTO IMPROVEMENTS AND MAINT $513.75 511235 10/24/2024 SAN JOSE AVE RECONSTRUCTION $2,495.00 511268 10/24/2024 CITYWIDE SIGNAGE UPDATE $3,995.00
511236 10/24/2024 PACIFIC PALMS LAUNDRY BUILDING SETTLEMENT ISS $390.00 8403: 11/14/2024 CNC ENGINEERING $124,701.25
Invoice Date Description Amount
511237 10/24/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $725.00 511238 10/24/2024 ROUTINE MAINT OF LANDFILL GAS COLLECTION $180.00 511239 10/24/2024 605 FWY AND VALLEY BLVD INTERCHANGE $2,407.50 511240 10/24/2024 NELSON AVE OVER PUENTE CREEK $618.75
511241 10/24/2024 SEISMIC RETROFIT ANAHEIM-PUENTE OVER SAN JOSI $4,950.00 511242 10/24/2024 FISCAL YEAR BUDGET $2,597.50
511243 10/24/2024 BIXBY DR PCC PAVEMENT $3,510.00
511244 10/24/2024 PROPERTY AT 23400-23600, 23800 EAST FORK ROAD $487.50 511245 10/24/2024 FOLLOW'S CAMP PROJECT $490.00
511246 10/24/2024 VARIOUS ASSIGNMENTS RELATED TO SA $798.75 511247 10/24/2024 NELSON AVE INTERSECTION $18,455.00
511248 10/24/2024 MAINT OF 1123 HATCHER AVE $195.00
511249 10/24/2024 15559-15650 RAUSCH RD (POST OFFICE) $435.00 CITY OF INDUSTRY P. 21

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
511250 10/24/2024 2024 CITYWIDE SPEED SURVEY $281.25
511251 10/24/2024 CARTEGRAPH MGMT $24,442.50
511252 10/24/2024 FULLERTON RD RECONSTRUCTION $6,675.00 511253 10/24/2024 GRAND AVE SLOPE RECONSTRUCTION-FERRERO TO $3,037.50 511254 10/24/2024 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $540.00 511255 10/24/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $272.50 511256 10/24/2024 2024-2025 CIVIC CENTER DECORATIVE LIGHTING $680.00 511257 10/24/2024 TURNBULL CYN PROPERTIES $490.00
511258 10/24/2024 GALE AVE RESURFACING $1,200.00
511259 10/24/2024 ANNUAL SLURRY SEAL FY 22 $1,050.00
511260 10/24/2024 2022-2023 ANNUAL PAVEMENT REHABILITATION $21,775.00 511261 10/24/2024 2022-2023 ANNUAL SLURRY SEAL $2,917.50 511262 10/24/2024 DON JULIAN RD IMPROVEMENTS $6,000.00
511263 10/24/2024 INTELLIGENT TRANSPORTATION SYSTEM $787.50 511264 10/24/2024 CITYWIDE WAYFINDING DIRECTIONS SIGNAGE $245.00 511265 10/24/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $170.00 511266 10/24/2024 RAILROAD STREET PAVEMENT REHABILITATION $8,777.50 511267 10/24/2024 9TH AVE PAVEMENT REHABILITATION $1,130.00 511269 10/24/2024 2024-2025 STREETLIGHT BANNER INSTALLATION $855.00 511271 10/24/2024 HIGHWAY PERFORMANCE MONITORING SYSTEM $3,262.50 511272 10/24/2024 PAVEMENT MANAGEMENT SYSTEM $2,362.50
511273 10/24/2024 PAVEMENT MANAGEMENT PLAN 2022 $122.50 511274 10/24/2024 SR57/60 CONFLUENCE IMPROVEMENT $1,777.50 84034 11/14/2024 CONSOLIDATED ELECTRICAL DISTRIE $618.89 Invoice Date Description Amount
3301-1018245 10/15/2024 GLOBE TOPPER FOR LIGHT POLE-CIVIC CENTER $618.89 CITY OF INDUSTRY P. 22

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84035 11/14/2024 DM V RENEWAL $221.00
Invoice Date Description Amount
7PKU703-24 10/17/2024 REGISTRATION RENEWAL-LIC 7PKU703 $221.00 84036 11/14/2024 DELL MARKETING LP $1,546.73
Invoice Date Description Amount
10778050098 10/21/2024 PURCHASE (1) COMPUTER & (2) MONITORS-DEVELOPI $1,364.49 10778409195 10/23/2024 WARRANTY FOR (1) COMPUTER & (2) MONITORS-DEVE $182.24 84037 11/14/2024 DEPT OF ANIMAL CARE & CONTROL $3,809.13 Invoice Date Description Amount
10/25/2024 10/25/2024 SHELTER COST-SEP 2024 $3,809.13
84038 11/14/2024 DUTHIE POWER SERVICES $1,565.90
Invoice Date Description Amount
A132008 09/06/2024 TEST & INSPECT GENERATOR-CITY HALL $1,012.95 A133968 10/28/2024 MONTHLY MAINT-GENERATOR @CITY HALL $552.95 84039 11/14/2024 EGOSCUE LAW GROUP, INC. $150.00
Invoice Date Description Amount
14613 11/01/2024 LEGAL SVC-FOLLOW'S CAMP $150.00
84040 11/14/2024 ELEVATE PUBLIC AFFAIRS, LLC $25,500.00 Invoice Date Description Amount
4082 10/18/2024 MEDIA CONSULTING-SEP 2024 $15,000.00
4085 10/18/2024 SPECIAL EVENTS CONSULTING-SEP 2024 $10,500.00 CITY OF INDUSTRY P. 23

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84041 11/14/2024 ENTERPRISE MAPS LLC $14,203.80
Invoice Date Description Amount
226 10/07/2024 AMAZON WEB SERVICES $5,713.80
234 10/31/2024 AMAZON WEB SERVICES $390.00
232 10/22/2024 AMAZON WEB SERVICES $3,130.20
229 10/14/2024 AMAZON WEB SERVICES $4,969.80
84042 11/14/2024 ENVIRONS, INC. $8,819.15
Invoice Date Description Amount
3793 11/04/2024 LANDSCAPE DESIGN SVC-HOMESTEAD $8,819.15 34043 11/14/2024 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
20088321024 10/31/2024 PROPERTY DATA INFORMATION $200.00 84044 11/14/2024 FUEL PROS, INC. $250.00
Invoice Date Description Amount
75939 10/07/2024 INDUSTRY HILLS FUEL STN MAINT $250.00
84045 11/14/2024 GARCIA'S FENCE CORP $5,644.00
Invoice Date Description Amount
082434 08/27/2024 REPAIR FENCE-FERRERO PKWY E/O GRAND $4,329.00 102417 10/18/2024 REPAIR FENCE-INDUSTRY HILLS $565.00
102418 10/18/2024 REPAIR FENCE-AZUSA AVE & RAILROAD ST $365.00 102416 10/18/2024 REPAIR FENCE-TEMPLE & AZUSA TRAIL $385.00 CITY OF INDUSTRY P. 24

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84046 11/14/2024 GATEWAY CITIES COUNCIL OF GOVEF $16,170.00 Invoice Date Description Amount
FY 24/25 06/18/2024 ANNUAL MEMBERSHIP-FY 24/25 $16,170.00 84047 11/14/2024 GRANITE TELECOMMUNICATIONS, LL $323.94 Invoice Date Description Amount
666619416 11/01/2024 PHONE SVC FOR FIRE ALARMS-HOMESTEAD $323.94 84048 11/14/2024 HACIENDA-LA PUENTE UNIFIED SCHO $5,000.00 Invoice Date Description Amount
10/24/2024 10/24/2024 DONATION FOR EQUITY & ACCESS GIFT CARD PROGF $5,000.00 84049 HDL COREN & CONE $3,025.46
Invoice Date Description Amount
SIN044235 10/28/2024 CONTRACT SVC PROP TAX (OCT-DEC 2024) $3,025.46 84050 11/14/2024 INDUSTRY BUSINESS COUNCIL $124,050.67
Invoice Date Description Amount
JULY 2024 10/23/2024 EXPENSE REIMBURSEMENT-JUL 2024 $124,050.67 84051 11/14/2024 INDUSTRY SECURITY SERVICES $135,377.59 Invoice Date Description Amount
SG-COI#2-2008 10/18/2024 SECURITY SVC-VARIOUS CITY SITES $23,024.36 SG-COI#1-2008 10/18/2024 SECURITY SVC 10/11-10/17/24 $10,839.60 SG-COI#2-2007 10/11/2024 SECURITY SVC-VARIOUS CITY SITES $22,946.11 SG-COI#1-2007 10/11/2024 SECURITY SVC 10/4-10/10/24 $10,839.60 SG-COI#2-2010 11/01/2024 SECURITY SVC-VARIOUS CITY SITES $23,024.36 CITY OF INDUSTRY P. 25

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
SG-COI#1-2010 11/01/2024 SECURITY SVC 10/25-10/31/24 $10,839.60 SG-COI#2-2009 10/25/2024 SECURITY SVC-VARIOUS CITY SITES $23,024.36 SG-COI#1-2009 10/25/2024 SECURITY SVC 10/18-10/24/24 $10,839.60 84052 11/14/2024 IRRI-CARE PLUMBING & BACKFLOW T $8,381.24 Invoice Date Description Amount
16928 10/09/2024 NEW BACKFLOW DEVICE-AZUSA AVE & VIRGIL WATEF $7,720.65 16955 10/18/2024 BACKFLOW REPLACEMENT-INDUSTRY HILLS $660.59 84053 11/14/2024 JEFF PARRIOTT PHOTOGRAPHIC SER $4,939.17 Invoice Date Description Amount
CO11024 11/01/2024 PROF SVC-HOMESTEAD $4,939.17
84054 11/14/2024 JOE A. GONSALVES & SON $11,000.00
Invoice Date Description Amount
162000 10/24/2024 LEGISLATIVE SVC-OCT 2024 $11,000.00
84055 11/14/2024 JONES MAYER $397.47
Invoice Date Description Amount
125081 10/21/2024 LEGAL SVC-LA COUNTY ZERO BAIL PROGRAM $397.47 84056 11/14/2024 KATHY TAI $28.99
Invoice Date Description Amount
10/23/2024 10/23/2024 REIMBURSE FOR TRAVEL EXPENSE-LEAGUE OF CITIE $28.99 84057 11/14/2024 KEENAN AND ASSOCIATES $10,384.50
Invoice Date Description Amount
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
313269 10/10/2024 P&L CLAIMS ADMIN FEE (JUL-SEP 2024) $10,384.50 84058 11/14/2024 L A COUNTY DEPT OF PUBLIC WORKS $20,250.09 Invoice Date Description Amount
IN250000242 10/10/2024 ACCIDENT-AZUSA AVE @ TEMPLE AVE $20,250.09 84059 11/14/2024 L A COUNTY DEPT OF PUBLIC WORKS $88,435.82 Invoice Date Description Amount
IN250000305 10/24/2024 BLDG & SAFETY-ONE STOP SHOP FOR AUG 2024 $88,435.82 84060 11/14/2024 LA COUNTY SHERIFF'S DEPARTMENT $1,097,866.11 Invoice Date Description Amount
250623TZ 10/15/2024 SHERIFF CONTRACT-SEP 2024 $1,097,866.11 84061 11/14/2024 L A COUNTY TAX COLLECTOR $22,750.72
Invoice Date Description Amount
8110 001 273 24 10/01/2024 PROP TAX FY 24/25-220 SAN FIDEL $638.16 8120 027 272 24 10/01/2024 PROP TAX FY 24/25-WORKMAN MILL/CROSSROADS PK $184.32 8124 012 273 24 10/01/2024 PROP TAX FY 24/25-NORTH OF CAPITAL $3,519.44 8206 003 270 24 10/01/2024 PROP TAX FY 24/25-19900 LOMITAS $922.97 8206 003 271 24 10/01/2024 PROP TAX FY 24/25-13910 LOMITAS $735.07 8262 012 275 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $1,404.33 8262 012 274 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $2,932.78 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $3,073.42 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $57.21
8262 012 270 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $432.00 8262 012 271 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $379.45 CITY OF INDUSTRY P. 27

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
8262 012 272 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $148.08 8263 008 270 24 10/01/2024 PROP TAX FY 24125-PART OF IND HILLS $51.49 8263 008 271 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $108.12 8263 027 270 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $411.80 8262 012 276 24 10/01/2024 PROP TAX FY 24/25-PART OF IND HILLS $625.10 8269 008 270 24 10/01/2024 PROP TAX FY 24/25-WEST OF 57 FWY $6,736.98 8709 027 271 24 10/01/2024 PROP TAX FY 24/25-EAST SIDE $280.35 8760 028 270 24 10/01/2024 PROP TAX FY 24/25-FAIRWAY DR/SAN JOSE $109.65 84062 11/14/2024 L A COUNTY TAX COLLECTOR $73,226.42
Invoice Date Description Amount
8714 027 272 24 10/01/2024 PROP TAX FY 24/25-TONNER CYN $64,175.45 8714 026 274 24 10/01/2024 PROP TAX FY 24/25-TONNER CYN $6,111.74 8714 026 275 24 10/01/2024 PROP TAX FY 24/25-TONNER CYN $1,155.97 8714 028 271 24 10/01/2024 PROP TAX FY 24/25-TONNER CYN $1,783.26 84063 11/14/2024 L A COUNTY TAX COLLECTOR $58,231.75
Invoice Date Description Amount
8636 004 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $83.74 8636 004 271 24 10/01/2024 PROP TAX FY 24125-FOLLOW'S CAMP $83.74 8636 004 272 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $204.39 8636 004 273 24 10/01/2024 PROP TAX FY 24/25-FOLLOWS CAMP $204.39 8636 004 274 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $430.56 8636 004 275 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $581.34 8636 004 276 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $505.95 8636 005 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $83.74 8636 005 271 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $83.74 :

CITY OF INDUSTRY P. 28

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
8636 006 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $807.47 8678 005 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOWS CAMP $13,134.83 8678 005 271 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $7,925.33 8678 006 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $6,873.65 8678 006 271 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $822.64 8678 006 272 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $807.47 8678 006 273 24 10/01/2024 PROP TAX FY 24/25-FOLLOWS CAMP $14,726.57 8678 006 274 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $1,116.51 8678 006 275 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $807.47 8678 006 276 24 10/01/2024 PROP TAX FY 24/25-FOLLOWS CAMP $98.83 8678 006 277 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $83.74 8678 006 278 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $1,251.72 8678 007 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $581.34 8678 007 271 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $3,049.91 8678 007 272 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $807.47 8678 008 270 24 10/01/2024 PROP TAX FY 24/25-FOLLOW'S CAMP $3,075.21 34064 11/14/2024 LIEBERT CASSIDY WHITMORE $652.50
Invoice Date Description Amount
277788 09/30/2024 LEGAL SVC FOR HR-SEP 2024 $652.50
84065 11/14/2024 LOCKE LORD LLP $5,614.16
Invoice Date Description Amount
1890599 10/22/2024 LEGAL SVC-SEP 2024 $5,614.16
84066 11/14/2024 LOS ANGELES COUNTY PUBLIC WORI $68,960.16 Invoice Date Description Amount
CITY OF INDUSTRY P. 29

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
PW-24100701818 10/07/2024 TRAFFIC SIGNING REPAIRS $787.08 PW-24100701837 10/07/2024 PAVEMENT PATCHING $19,853.28
PW-24100701838 10/07/2024 STREET MAINT/INSPECTION $6,418.17 PW-24100701852 10/07/2024 KITS MONITORING OF TRAFFIC SIGNALS $1,530.85 PW-24100702084 10/07/2024 TRAFFIC SIGNAL MAINT $5,601.43 PW-24100702083 10/07/2024 TRAFFIC SIGNAL MAINT $22,487.00 PW-24100702085 10/07/2024 TRAFFIC SIGNAL MAINT $1,712.78 PW-24090901198 09/09/2024 STREET MAINT/INSPECTION $9,265.49 PW-24100701869 10/07/2024 WALL PACK LIGHTS REPAIR $1,304.08 84067 11/14/2024 MORTISE & TENON BUILDING CORP $9,163.55 Invoice Date Description Amount
62 09/06/2024 MISC REPAIRS-CITY HALL $946.68
90 10/21/2024 ROOF CLEANING-15710 RAUSCH RD $800.00

72.2 10/14/2024 REMAINING BALANCE-REMOVE & REPAIR TERMITE DA $6,250.00 94 10/22/2024 MAINT SVC-BUS STOPS $1,166.87
84068 11/14/2024 MR PLANT & INTERIOR BOTANICAL DE $850.00 Invoice Date Description Amount
NOV 22711 11/01/2024 PLANT MAINT-NOV 2024 $850.00
84069 11/14/2024 NEXTECH SYSTEMS, INC. $2,288.55
Invoice Date Description Amount
INV2908 10/08/2024 MAST ARM FOR STREET SIGN-GALE AVE $2,288.55 84070 11/14/2024 NEXTIVA, INC. $304.83
Invoice Date Description Amount
CITY OF INDUSTRY P. 30

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
40003835412 10/24/2024 PHONE SVC FOR YAL $304.83
84071 11/14/2024 O-TAGS, INC. $9,697.50
Invoice Date Description Amount
1212 09/20/2024 IP BASE EQUIPMENT FOR GPS REFERENCE STNS $9,697.50 84072 11/14/2024 OLMOS PROFESSIONAL SERVICES $8,782.00
Invoice Date Description Amount
515 10/31/2024 JANITORIAL SVC-YAL $1,815.00
514 10/31/2024 JANITORIAL SVC-IBC $1,467.00
513 10/31/2024 JANITORIAL SVC-CITY HALL $5,500.00
84073 11/14/2024 PADILLA, YVETTE $1,838.02
Invoice Date Description Amount
10/24/2024 10/24/2024 REIMBURSE FOR TRAVEL EXPENSE-PRIMA INSTITUTE $1,838.02 84074 11/14/2024 PATHAK, YAMINI $51.00
Invoice Date Description Amount
10/22/2024 10/22/2024 REIMBURSE FOR TRAVEL EXPENSE-LEAGUE OF CITIE $51.00 84075 11/14/2024 POST ALARM SYSTEMS $351.55
Invoice Date Description Amount
1745829 11/03/2024 MONITORING SVC-HOMESTEAD $351.55
84076 11/14/2024 PUENTE BASIN WATER AGENCY $6,694.45
Invoice Date Description Amount
1707 07/31/2024 GROUNDWATER MGMT PLAN PHASE 2 (JUL 2024) $4,398.70 CITY OF INDUSTRY P. 31

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
1704 08/31/2024 GROUNDWATER MGMT PLAN PHASE 2 (AUG 2024) $2,295.75 84077 11/14/2024 RICOH USA, INC. $3,872.29
Invoice Date Description Amount
588651527 10/01/2024 COPIER LEASE 11/15-12/14/24 $3,872.29 84078 11/14/2024 ROWLAND WATER DISTRICT $104.60
• Invoice Date Description Amount
I-09302024-C 09/30/2024 NOGALES DEWATERING BOOSTER STN $104.60 84079 11/14/2024 SAGE ENVIRONMENTAL GROUP $19,500.00
Invoice Date Description Amount
2389 10/10/2024 GRAZING SVC-TONNER CYN $19,500.00
84080 11/14/2024 SATSUMA LANDSCAPE & MAINT. $172,390.73 Invoice Date Description Amount
1024EC 10/28/2024 LANDSCAPE SVC-EXPO CENTER $40,439.54
1024XROADS 10/28/2024 LANDSCAPE SVC-CROSSROADS PKY NORTH & SOUT- $46,687.02 1024TA 10/28/2024 LANDSCAPE SVC-TEMPLE & AZUSA $33,412.27 1024CH 10/28/2024 LANDSCAPE SVC-CIVIC FINANCIAL CENTER $51,851.90 84081 11/14/2024 SCS FIELD SERVICES $18,555.95
Invoice Date Description Amount
0515874 09/30/2024 INDUSTRY HILLS-LANDFILL GAS SYSTEM $18,555.95 84082 11/14/2024 SO CAL INDUSTRIES $286.23
Invoice Date Description Amount
CITY OF INDUSTRY P. 32

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
713133 10/09/2024 WC ACCESS RENTAL-TONNER CYNI57 FWY $195.89 715754 10/25/2024 FENCE RENTAL-IND HILLS $90.34
84083 11/14/2024 SOUTHERN TIRE MART LLC - DEPT 14: $202.50 Invoice Date Description Amount
7070027841 10/15/2024 REPLACE TIRE TO 210LE TRACTOR-TONNER CYN $202.50 84084 11/14/2024 SQUARE ROOT GOLF & LANDSCAPE, I $213,177.40 Invoice Date Description Amount
1759H 09/27/2024 REIMBURSEMENT FOR TIRE REPAIRS-HATCHER & TOI $1,850.19 1761ELHM 10/28/2024 LANDSCAPE SVC-VARIOUS CITY SITES $7,173.47 1762ELHM 10/28/2024 LANDSCAPE SVC-EL ENCANTO $8,618.44
1763ELHM 10/28/2024 LANDSCAPE SVC-HOMESTEAD $22,194.42
1764H-1 10/28/2024 GRAFFITI REMOVAL $4,890.60
1764H-2 10/28/2024 SIGN REPAIR & INSTALLATION $595.65
1764H 10/28/2024 LANDSCAPE SVC-VARIOUS CITY SITES $167,854.63 84085 11/14/2024 STILLWATER SCIENCES $12,888.25
Invoice Date Description Amount
9180030 10/30/2024 FOLLOW'S CAMP PROJECT $12,888.25
84086 11/14/2024 UNITED PARCEL SERVICES, INC $1,324.85
Invoice Date Description Amount
0000V435E4434 10/26/2024 MESSENGER SVC $56.72
0000V435E4424 10/19/2024 MESSENGER SVC $167.49
0000V435E4444 11/02/2024 MESSENGER SVC $1,100.64
CITY OF INDUSTRY P. 33

WELLS FARGO BANK
November 14, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
84087 11/14/2024 VANGUARD CLEANING SYSTEMS, INC $937.50 Invoice Date Description Amount
134877 09/02/2024 JANITORIAL SVC-HOMESTEAD $937.50
84088 11/14/2024 WALNUT ELEMENTARY COMMUNITY C $200.00
Invoice Date Description Amount
WECC1124 10/28/2024 BUSING STIPEND FOR 4TH GRADE PROGRAM-THINK L $200.00 84089 11/14/2024 WALNUT VALLEY WATER DISTRICT $34,573.02 Invoice Date Description Amount
8719-007-937-24 10/18/2024 PROP TAX FY 24/25-VARIOUS CITY SITES $30,274.50 8269-036-270-24 10/18/2024 PROP TAX FY 24/25-VARIOUS CITY SITES $4,298.52 84090 11/14/2024 WILLDAN ENGINEERING $444.00
Invoice Date Description Amount
00628808 10/21/2024 ENG SVC-NELSON AVE/PUENTE AVE $444.00 Checks Status Count Transaction Amount
Total 116 $3,576,035.16

CITY COUNCIL
ITEM NO. 6.2
Backup Material will be provided prior to Meeting

CITY COUNCIL MEETING
NOVEMBER 14, 2024
ITEM NO. 6.2

HANDOUT

INDUSTR

CITY OF INDUSTRY

VOICELES CONS

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Sean Calvillo, Director of Operations, CNC Engineering
DATE: November 14, 2024
SUBJECT: Consideration of a Professional Services Agreement with Mark Thomas & Company, Inc., to provide structural engineering design services, for the Follows Camp Ecological Design and Implementation Project, through June 30, 2026
Background:

Staff, along with Stillwater Ecosystem, Watershed & Riverine Sciences ("Stillwater"), submitted a full grant application to the Wildlife Conservation Board ("WCB") for the Follows Camp Ecological Design and Implementation Project ("Project") on October 13, 2023. The 118-acre Follows Camp project site is located along the East Fork of the San Gabriel River within the San Gabriel Mountains National Monument on City-owned land.

Through the grant application, $2,080,000.00 was requested for the Project.

The Project's main objectives are to:
1) restore aquatic, riparian, and upland habitat for special status species and priority habitat types, including critical habitat for the Santa Ana Sucker 2) develop and initiate environmental education programs to serve disadvantaged communities from the San Gabriel Valley and support the mission of the San Gabriel Mountains National Monument
3) convert commercially and residentially zoned parcels to permanent conservation via a conservation easement.

This will be achieved through the production of a site masterplan, 100 percent design documents for Phase 1 masterplan elements, creation of 5-year stewardship program, and completion of the conservation easement.

The WCB, the Grantor, approved a Grant Agreement at their board meeting on May 23, 2024, and has awarded the City $2,080,000.00 in grant funds for the Project. The Grant Funds will be used for the purpose of assisting the City with the Project, which is generally described as: planning, studies, and design development to restore aquatic habitat, initiate environmental education programs and promote stewardship and conservation values in the San Gabriel Mountains on the City's 118 acres at Follows Camp. On May 16, 2023, the City Council adopted Resolution No. CC-2024-24, approving the application for grant funds from WCB and authorized the City Manager to execute the Grant Agreement with WCB.

Discussion:

As the Project is set to kick off, the scope of work for Mark Thomas & Company ("Mark Thomas") comprises part 1 of the overall project which includes the master plan, pre- project implementation, and 35 percent Project designs related to structural engineering and geotechnical engineering. The remaining elements of the Project will be developed at the conclusion of part 1 and be provided as part 2, which will include 60-100 percent designs and the Basis of Design Report, permitting, including CEQA, and the conservation easement.

The tasks in part 1 involve developing conceptual design alternatives and feasibility analysis, including locations for the bridge crossing, approaches and low water crossing options. Subsequently, Mark Thomas will prepare 35 percent design plans for the bridge and low water crossing, geotechnical and foundational designs, and preliminary cost estimates for construction. Staff recommends approving the Professional Services Agreement with Mark Thomas in the amount of $363,900.00 through June 30, 2026.

Fiscal Impact:

The fiscal impact is $363,900.00 for part 1. The City will receive $2,080,000.00 from WCB in funding for the Project. The City will invoice WCB quarterly for the work completed on the Project that period. The City's required funding match as part of the Grant Agreement is $1,230,900.00. In the adopted Fiscal Year Capital Improvement Project budget 2024- 2025 budget, $200,000.00 is approved (Account No. 120-726-5130) (MP 11-09 #1) and is sufficient for the initial costs of the Project.

Recommendation:

Approve the Professional Services Agreement with Mark Thomas.

Exhibit:

A. Professional Services Agreement with Mark Thomas & Company, Inc., dated November 14, 2024
EXHIBIT A:

Professional Services Agreement with Mark Thomas & Company, Inc., dated November 14, 2024
[Attached]

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of November 14, 2024 ("Effective Date"), between the City of Industry, a municipal corporation City and Mark homas : & Company, 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 June 30, 2026, 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.

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 structural engineering design services, serving a municipal agency.

Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement,

Page 1 of 17 ends

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

MANAGEMENT
City 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 Three Hundred Sixty Three Thousand Nine Hundred Dollars ($363,900.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of

Page 2 of 17 ends

receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

Page 3 of 17 ends

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity other than for professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) Duty to defend.

In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

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

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

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9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. (C) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The indemnity provisions set forth in this Section 9 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a

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result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite said response.

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

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

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With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Consultant: Mark Thomas & Company, Inc.
2121 N. California Boulevard, Suite 260
Walnut Creek, CA 94596
Attention: Sasha Dansky, Division Manager/Principal

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

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

16. GOVERNING LAW/ATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous

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agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

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23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that helshe 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 Mark Thomas & Company, Inc.

By: _ By: -
Joshua Nelson, City Manager Sasha Dasky, Division Manager/ Principal Attest:

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

By:

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

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EXHIBIT A

SCOPE OF SERVICES
This scope is in support of the City's Wildlife Conservation Board grant funded Follows Camp Ecological Design and Implementation Project ("Project"). The scope described here omorises Part 1 ot the overall
provided as Part 2, including 60 percent -100 percent designs and basis of design report.

TASK 2. SITE ACTIVATION & MASTER PLANNING
This task will result in an overall plan for the 118-acre site, including a long-term vision, phasing, entitlement strategy, and physical site plan combining restoration, educational, environmental stewardship, Japchivit village cultural, and access program elements.

Low-water Crossing/Bridge Site Selection Subtask:

Consultant will participate in stakeholder engagement meetings to support the evaluation of alternative bridge crossing sites and selection of the preferred alternative. General bridge design parameters (bridge height, width, level of service, approach design parameters) will be provided to support this process. This shall also include an assessment of the overall feasibility and suitability of different bridge designs to meet the functional, aesthetic and environmental objectives of the project, including a relative comparison of costs between bridge type options. Consultant will define and undertake preliminary design studies such as geomorphic, geotechnical evaluation or other surveys, and seismic analysis needed in support of the bridge site selection and design. Parameters for planning and re-design of the low-water crossing will be incorporated into the design by Consultant. Sensitivity to existing landforms, vegetation, and views will be emphasized in site selection evaluation studies.

Assumptions:
• Consultant will develop conceptual design alternatives, including locations for bridge, bridge approaches, and low water crossing options. Preferred bridge, bridge approaches, and low water crossing concepts will accommodate fish passage, natural fluvial geomorphological processes, sensitive grading and view considerations, and the preferred site access plans, which may include vehicular crossing.
• Consultant will collaborate with the master planning, civil engineering, and biological assessment team to provide input on the bridge design responds to other design and environmental constraints of the project. • All work related to the technical feasibility, design and construction of the bridge and low water crossing are to be based on Consultant's independent analysis and assessment of existing and proposed conditions.
• Consultant will participate in a maximum of three (3) stakeholder engagement meetings.
• Consultant will participate in internal design team meetings as appropriate.

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Deliverables:
• Participation in regular stakeholder engagement meetings • Technical memorandum providing an overview of bridge type and design options and suitability for project objectives.
• Concept-level general plan sheets showing bridge alignment alternatives (assume a total of 3 for bridge and low water crossing) TASK 3. DESIGN & PERMITTING PART 1
Subtask 3b. Bridge and Low Water Crossing Design
Thirty five percent design level structural plan sheets will be prepared for a bridge and a low water crossing. Bridge design will include a structure that will accommodate autos, non- motorized, and/or pedestrian use as appropriate.
• The bridge design will accommodate vehicular traffic and 100-year flood flows, sediment transport, fish passage and natural geomorphic processes supporting habitat complexity within the floodplain.
• Low-water crossing re-design will accommodate fish passage, increased habitat complexity within the floodplain and natural geomorphic processes.
• The bridge design will include minor roadway design elements such as preliminary plans for road improvements needed at the bridge and low-water approaches.
• Bridge and low water crossing designs will emphasize sensitivity to landforms, vegetation, and views through sensitive grading strategies for bridge approaches, bridge placement, and bridge type selection.
• The plans will be accompanied by a basis of design (BOD) report including all background, existing conditions, and surveys and a summary of the design approach and assumptions that informed the 35 percent design. The BOD will also include a summary of import and export volumes as well as a description of construction disturbances (such as total area of disturbance), estimated total truck trips and an engineer's opinion of probable construction cost for the bridge and low water crossing.
• Consultant will engage Crawford & Associates Inc. (Crawford) as a geotechnical sub- consultant to prepare preliminary foundation reports in support of the different alternatives to be included in the BOD report. Consultant will work in close collaboration with Crawford to develop foundation alternatives that are sensitive environmental conditions for work inside the river. Crawford's scope of work will consist of completing a field review to assess the current project site conditions, reviewing readily available project site mapping and any geotechnical data available for the site. Crawford will prepare a Preliminary Foundation Report per Caltrans guidelines.

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Assumptions:
• Consultant will be engineer of record for structural design elements informing the analysis and design of crossing and bridge and roadway approaches. • It is assumed that the vertical and horizontal alignments for the various structure alternatives are to be developed and provided by others in Task 2 Master Plan.
• Consultant will develop 35 percent designs for the Master Plan Phase 1 roadway connections to the bridge and low water crossing. Consultant will support others in the conceptual design of the intersection at East Fork Road. • Conceptual or preliminary design of additional transportation structures that may be required during final design of the project, such as retaining walls, are not included in this Task.
• Consultant may utilize, at their discretion, as to the accuracy and relevance to the bridge design, materials, models and calculations undertaken by Stillwater such as hydraulic models.

Site study tasks including additional geotechnical exploration and analysis ir support of a Final Foundation Report may be deferred to Part 2 pending project needs. Funds for deferred tasks will be held and applied to Part 2 budget. • Engineer's construction cost estimates will be level 3 (conceptual), as defined by AACE International (Association for the Advancement of Cost Engineering).

Deliverables:
• Bridge and low-water crossing components of the 35percent Basis of Design Report including structural plan sheets, Preliminary Foundation Report, and concept-level cost estimates for a bridge and a low-water crossing.

TIMELINE AND DELIVERABLES PART 1
Expected Expected
Task Task Deliverables
Start Date Completion
Date
2 Site Activation and Master • Site Master 10/1/2024 3/31/2026 Planning Plan
Document
3 Design and Permitting Part 1 1/1/2025 3/31/2026
35percent Design Plans, Basis
3b. Bridge and Low Water Crossing of Design Report,
Design Preliminary Foundation Report,
and concept-level cost

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EXHIBIT B

RATE SCHEDULE
The work is funded in the approved FY 24-25 Capital Improvement Project budget under Account No. 120-726-5130. (MP 11-09 #1)
Engineering Surveying
Intern $65-$110 $65-$185
Technician $95 - $135 $145 - $165
Design Engineer I $125 - $175 5135 - $280
Design Engineer Il $140 - $220 $140 - $200
Sr. Technician $160 - $215 Project Surveyor I-III $200 - $305 Civil Engineering Designer $170 - $260 * Chief of Party $205 - $255 Project Engineer $170 - $240 * Instrumentperson $205 - $230 Sr. Project Engineer $210 - $300 * Chainperson $205 - $215 Sr. Technical Engineer $220 - $245 * Apprentice $130-$185 Technical Lead $245 - $300 * 2-Person Crew $375 - $455
Sr. Technical Lead $285 - $355 * 3-Person Crew $570-$675 Design Manager $365 - $405 * Utility Locator $190 - $250 Engineering Manager $365 - $405 Drone $275
Sr. Engineering Manager $370 - $495
Project Management & Oversight
Construction Management $250-$335
Office Engineer $170 - $270 Sr. Project Manager $280-$380 * Asst. Resident Engineer $240 - $270 urvey Manager I- $240-$410 * Inspector - CM $195 - $275 UE Program Manag $285 - $315 Resident Engineer $310-$345 Division Manager $290 - $420 Sr. Resident Engineer $350 - $385 $480 - $520
Area Manager - CM $270 - $305
Project Support
Planning Technical/Sr. Technical Writer $120-$160
Planner I $110-$140 Project/Sr. Project Assistant 385-$175 Planner Il $155 - $175 Project/Sr. Project Coordinator $130-$215 Sr. Planner $170 - $235 Graphic/Sr. Graphic Designer $135-$235 Project Accountant $125 - $195
Landscape Architecture/Urban Design Sr. Graphic Manager $215 - $275 Landscape Intern $90 - $105 Project Accountant Manager $225 - $255 Landscape Designer I $115 - $130
Landscape Designer Il $135 - $170 District Management
Landscape Architect $160 - $195 * Inspector - Apprentice $95 - $110 Sr. Landscape Architect $185 - $210 * Inspector/Sr. Inspector $110 - $195 Assistant/Associate Sanitary Engineer $160 - $235
Grant Writing Sanitary/Sr. Sanitary Project Engineer $210 - $300 Funding Specialist $140 - $255 Operations/Deputy District Manager $270 - $385 Sr. Funding Specialist $260 - $305 District Manager-Engineer $395 - $440 Funding Manager $335 - $390
Special Services
Expert Witness $520
Strategic Consulting $520

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Reimbursables including, but not limited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost. Mileage will be billed per current IRS Rate to Follows Camp project only.

This rate schedule expires June 30, 2026.

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EXHIBIT C

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

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

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

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

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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 !! (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.

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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.

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CITY COUNCIL
ITEM NO. 6.3
Backup Material will be provided prior to Meeting

CITY COUNCIL MEETING
NOVEMBER 14, 2024
ITEM NO. 6.3

HANDOUT

CITY OF INDUSTRY

LOADELES BAN

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Sean Calvillo, Director of Operations, CNC Engineering
DATE: November 14, 2024
SUBJECT: Consideration of a Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences, to provide environmental consulting and design services, for the Follows Camp Ecological Design and Implementation Project, in an amount not-to-exceed $877,200.00, through June 30, 2026
Background:

Through the grant application, $2,080,000.00 was requested for the Project.

Discussion:

As the Project is set to kick off, the scope of work for Stillwater Sciences comprises part 1 of the overall project which includes the master plan, pre-project implementation, anc 35 percent Project designs. The remaining elements of the Project will be developed at the conclusion of part 1 and be provided as part 2, which will include 60-100 percent designs and the Basis of Design Report, permitting, including CEQA, and the conservation easement.

The tasks in part 1 involve coordination with various agencies, site activation and master planning, programmatic restoration planning, environmental education and sustainable access planning, and pre project implementation. Design and permitting will involve restoration design, bridge and low water crossing design, and public access design. Staff recommends approving the Professional Services Agreement with Stillwater in the amount of $877,200.00 through June 30, 2026.

Fiscal Impact:

The fiscal impact is $877,200.00. The City will receive $2,080,000.00 from WCB in funding for the Project. The City will invoice WCB quarterly for the work completed on the Project that period. The City's required funding match as part of the Grant Agreement is $1,230,900.00. In the adopted Fiscal Year Capital Improvement Project budget 2024- 2025 budget, $200,000.00 is approved (Account No. 120-726-5130) (MP 11-09 #1) and is sufficient for the initial costs of the Project.

Recommendation:

Approve the Professional Services Agreement with Stillwater Sciences Exhibit:

A. Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences, dated November 14, 2024
JN/MH/SC:jf
EXHIBIT A:

Professional Services Agreement with Stillwater Ecosystem, Watershed & Riverine Sciences, dated November 14, 2024
[Attached]

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of November 14, 2024 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and Stillwater Ecosystem, Watershed & Riverine Sciences, a California corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties".

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

2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. (Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing environmental design and consulting services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this

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Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

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

3. MANAGEMENT
City Manager 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 Eight Hundred Seventy Seven Thousand Two Hundred Dollars ($877,200.00) 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

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(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

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

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performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

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INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant service as an independent contractor. The indemnity provisions set forth in this Section 9 9 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which

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provides a receipt showing date and time of delivery, or (i) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Consultant: Stillwater Sciences
304 S. Broadway, Suite 202
Los Angeles, CA 90013
Attention: Wendy Katagi, Senior Manager

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

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

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

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this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

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

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every

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other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Stillwater Ecosystem, Watershed &
Riverine Sciences
By: By:

Joshua Nelson, City Manager Sapna Khandwala, CEO/Principal Attest:

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

By:

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

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the environmental design and consulting services for the Wildlife Conservation Board grant and City-funded Follows Camp Ecological Design and Implementation Project ("Project"). The scope described here comprises Part 1 of the overall Project.

Consultant and subcontractors, including but not limited to Nunez & Nunez Consulting and architecture and planning subcontractor, will support the Project on the tasks outlined below in coordination with the rest of the Project Team (i.e., City of Industry, CNC Engineering, and transportation services engineer). Consultant is responsible only for those tasks described herein, including project management, site master planning, preliminary geomorphic and hydrologic assessments and conceptual design as they relate to riparian and aquatic restoration and environmental education and access components (not including bridge- and transportation-related design elements), and biological and ecological assessment tasks. Consultant is not responsible for analysis associated with the design and siting of the river crossing/bridge, the ingress/egress to the site, site emergency access, parking, circulation or associated site elements (e.g., bridge approaches) including structural, geotechnical, and transportation engineering that will be covered by others under a separate scope of work and contracted separately with City.

TASK 1. PROJECT MANAGEMENT
Consultant will perform a variety of project management duties to ensure that the Project's needs are being met including the following:
• Coordination with the Project Team and agencies;
• Coordination of Project meetings;
• Management of subcontractors.

Deliverables:
• Quarterly invoices and progress reports
TASK 2. SITE ACTIVATION & MASTER PLANNING
This task will result in an overall plan for the 118-acre site, including a long-term vision, phasing, entitlement strategy, and physical site plan combining restoration, educational, environmental stewardship, Japchivit village cultural, and access program elements. To ensure effective integration across the complex ecological, design, and social factors, Consultant will convene a Technical Advisory Committee ("TAC") of local experts in wildlife and ecological management, stream flow restoration, National Monument priorities, environmental education, and public access to support the Project. The TAC will provide input into the planning and design process at three key project milestones in

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Part 1: Visioning; Concept Development and Phase 1 Design Crossing Site Selection; and 35 percent Designs. In Part 2 and not part of this scope, the TAC will provide input on the 65 percent designs.

In addition, Consultant will support initiation of litter removal activities and sign installation to establish a stewardship presence and raise awareness with the community of coming changes at Follows Camp. Outreach will also address ongoing challenges with impacts from unauthorized site access, including wildfire risk reduction, preparedness, and post- fire strategies.

Consultant will complete a master plan alternatives process leading to a stakeholder- oriented preferred Site Master Plan Document. The focus of the document will be to present the overall project narrative, long-term vision, illustrative graphics, project benefits, and an overall site plan and program for long-term site uses.

Assumptions:
• All structural, geotechnical, and transportation-related analysis and design criteria for the bridge, low-water crossing, and vehicular access road intersection(s) with East Fork Road will be completed by others.
• Site study tasks including cultural resource and biological surveys may be deferred to Part 2 pending project needs. Funds for deferred tasks will be held and applied to Part 2 budget.

Deliverables:
• Site Master Plan Document
• Photos of signage installed
Subtask 2a. Programmatic Restoration Planning
With input from the TAC, Consultant will collaborate with the Project Team to define the long-term, site-wide restoration goals and targets that will be incorporated into the Site Master Plan Document. Restoration planning will address the following as appropriate:
• Consultant will conduct a reconnaissance-level ecological assessment to inform the restoration planning.
• Consultant will include a riparian and aquatic restoration plan in the master plan document that promotes natural fluvial geomorphological processes and natural aquatic habitat complexity through the removal of fill/bank armoring in the floodplain.
• Bridge and/or crossing conceptual design alternatives, including locations, alignment, abutments will be completed by others with input from Consultant on fish passage, natural fluvial geomorphological processes, and the overall site master plan.
• Consultant will develop master plan concepts for the restoration or re-design of existing engineered drainage facilities and culverts outside of the floodplain.

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• Consultant will support others in the development of the plan for demolition of abandoned structures, roads, the existing bridge, and the low-water crossing. • Consultant will develop a plan for the revegetation of formerly cleared and developed areas.
• Consultant will support Nunez & Nunez Consulting in the development of a five- year stewardship strategy for litter removal.
• Consultant will develop a long-term adaptive management, stewardship, and climate resilience strategy.
• Topographic surveys will be completed by others.

Subtask 2b. Environmental Education and Sustainable Access Planning With input from the TAC, Consultant will work with the Project Team to define program elements, long-term operations, and preferred public access facilities. Interpretive planning will address, at minimum:
• In collaboration with New West subconsultant, Consultant will develop a phasing strategy including location of educational and supporting facilities. • In collaboration with New West, Consultant will develop a recreation management strategy.
• In collaboration with Nunez & Nunez Consulting, Consultant will develop environmental education programs and Japchivit village cultural programs. • In collaboration with New West and the transportation services engineer, Consultant will develop a vehicular and trails circulation plan and parking strategy for the site.
• In collaboration with New West, Consultant will develop a plan for entry monumentation, environmental graphics, and bilingual signage. • Consultant will develop programmatic recommendations for operations and maintenance activities.

Subtask 2c. Pre-project Implementation
The City and Consultant will partner with a local conservation corps or environmental community organization to develop both the five-year plan for litter removal and design and install of multi-lingual signage. The litter removal plan will include monthly litter removal activities during the extended summer season and will encompass approximately 15 acres of floodplain and 3,500 feet of stream channel. Litter removal will be completed during the first 3 years of the Project schedule. Subsequent years 4-5 will be funded by the City or partners through mutual aid agreements. Tasks include sign designs, agency coordination, fabrication and installation of bilingual signage, security and site-specific educational messaging on restoration and stewardship awareness.

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TASK 3. DESIGN & PERMITTING PART 1
With input from the TAC, Consultant will work with the Project Team to develop 35 percent designs for priority actions for the three primary Project components: 35% Restoration Designs, and 35 percent Environmental Education/Sustainable Public Access Design.

The 35 percent river crossing/bridge designs will be developed by others.

Consultant will develop a 35 percent BOD Report focused on the existing conditions assessment, including ecological assessment, 1D hydraulic existing conditions model results, and sufficient information on the conceptual elements to guide the next stage of design for non-bridge or crossing related components.

Assumptions:
• Analysis, development, and execution of all design of the bridge and/or crossing will be completed by others. Consultant will not be the engineer of record for these components.
• Consultant will coordinate development of the 35 percent BOD and design plan set for the restoration and environmental education/sustainable public access components only. The structural, geotechnical, and transportation design informing the bridge and/or crossing basis of design will be developed by others. • Engineer's estimate for probable construction cost will be led by others with support from Consultant on habitat restoration design components.

Deliverables:
• 35 percent Basis of Design Report including design plans for restoration, crossings (prepared by others), environmental education, and sustainable public access Subtask 3a. Restoration Design
Consultant will develop priority restoration actions identified in the Site Master Planning process to 35 percent design plans and documentation. A Restoration and Adaptive Management and Monitoring Plan will be prepared for ecological restoration of aquatic, floodplain, and upland habitat. The Plan will address implementation, stewardship, monitoring, and adaptive management of the 5- to 10-year post-Project establishment period.

Subtask 3b. Bridge and Low Water Crossing Design
The structural, geotechnical, and bridge and low water crossing designs will be developed by others.

Subtask 3c. Public Access Design
This subtask includes 35 percent design of a gathering area, environmental education interpretive signage, parking, and associated sustainable access features for the initial phase of site environmental education programs. Consultant will support New West in developing

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35% access designs and supporting graphics, including measures to control unauthorized access to the site. including measures to control unauthorized access to the site.

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EXHIBIT B

RATE SCHEDULE
The work is funded in the approved FY 24-25 Capital Improvement Project budget under Account No. 120-726-5130. (MP 11-09 #1)
Billing Classification Hourly Rate
Scientist/Administrator 1 $80
Scientist/Administrator 2 $90
Scientist/Administrator 3 $101
Scientist/Engineer 4 $110
Scientist/Engineer 5 $115
Scientist/Engineer 6 $125
Scientist/Engineer 7 $130
Scientist/Engineer 8 $135
Scientist/Engineer 9 $140
Scientist/Engineer 10 $150
Scientist/Engineer 11 $159
Scientist/Engineer 12 $168
Scientist/Engineer 13 $179
Scientist/Engineer 14 $190
Scientist/Engineer 15 $200
Scientist/Engineer 16 $210
Scientist/Engineer 17 $225
Scientist/Engineer 18 $244
Scientist/Engineer 19 $255
Scientist/Engineer 20 $270

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EXHIBIT C

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

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

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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.

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.

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

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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: November 14, 2024
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY- 1531, Grand Avenue Slope Reconstruction and Pavement Rehabilitation from Baker Parkway to Ferrero Parkway, for an estimated cost of $1,860,500.00

BACKGROUND
Grand Avenue, including bridges over UPRR Tracks, was originally constructed with AC pavement in the late 1980s. In 2000, Baker Parkway was constructed and with that project, the southbound side of Grand Avenue was widened to accommodate a right turn pocket. In addition, the pavement was changed to concrete. Over the subsequent years, the far-right southbound lane and sidewalk has settled and separated from the pavement in the area north of Baker Parkway. Plans and specifications for the reconstruction of the pavement and slopes are complete. This improvement project will be implemented as Contract No. CITY-1531, subject to the approval by the City Council.

DISCUSSION
The scope of work involves the reconstruction of an existing roadway slope on the west side of Grand Avenue, between Baker Parkway and the existing bridge over the UPRR tracks, north of Baker Parkway. The slope will be reconstructed and with the tie of slope being extended further out to recreate the original 2:1 slope. As part of the slope reconstruction, the existing sidewalk, curb and gutter, catch basin, and a portion of the existing PCC pavement will need to be removed and reconstructed. A subdrain system will be installed along the reconstructed curb and gutter to capture any water under the pavement and direct it away to an existing storm drain.

Additionally, a portion of the existing street light system will be removed and reinstalled, along with new cabling and service teed connection trom the Industry Public Utilities tacilities. • Finally, the existing AC pavement along Grand Avenue, in both directions, between the UPRR bridges will be cold milled and overlaid and the two southbound bridge approach slabs that will be removed and reconstructed.

FISCAL IMPACT
The estimated cost for this project is $1,860,500.00.

RECOMMENDATION
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.

Attachments
A. Notice Inviting Bids
B. Engineers Estimate
C. Section A Pages A-1 through A-8
D. Reduced Set of Project Plans

ATTACHMENT A

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 531

GRAND AVENUE SLOPE RECONSTRUCTION AND PAVEMENT REHABILITATION FROM

BAKER PARKWAY TO FERRERO PARKWAY
CONTRACT NO. CITY-1531
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 17, 2024, via the City of Industry's PlanetBids™M vendor portal. submitted through
https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.

Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

Contract No. CITY-1531 - Specifications
The Scope of Work is as follows: The project involves the reconstruction of an existing roadway slope on the west side of Grand Avenue, north of Baker Parkway. As part of the slope reconstruction, the existing sidewalk, curb and gutter, catch basin will be reconstructed. A portion of the existing street light system will be removed and reinstalled, along with new cabling and service feed connection. As part of this project, the AC pavement along Grand Avenue between the UPRR bridges will be coldmill and overlaid. There are two (2) approach slabs that will be removed and reconstructed.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on Friday, December 6, 2024 at 5:00 P.M.

Contract No. CITY-1531 - Specifications

CITY OF INDUSTRY
PROJECT NO. 531

GRAND AVENUE SLOPE RECONSTRUCTION AND PAVEMENT REHABILITATION FROM

BAKER PARKWAY TO FERRERO PARKWAY
CONTRACT NO. CITY-1531
Each bid shall be accompanied by a bid guarantee in the form of a Cashiers Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.

The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.

By the order of the CITY OF INDUSTRY dated November 14, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1531 - Specifications

ATTACHMENT B
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 531

GRAND AVENUE SLOPE RECONSTRUCTION AND PAVEMENT

REHABILITATION FROM BAKER PARKWAY TO FERRERO PARKWAY
CONTRACT NO. CITY-1531

ENGINEER'S ESTIMATE
$1,860,500.00
Contract No. CITY-1531 - Specifications

ATTACHMENT C

SECTION A

CITY OF INDUSTRY
PROJECT NO. 531

GRAND AVENUE SLOPE RECONSTRUCTION AND PAVEMENT REHABILITATION

FROM BAKER PARKWAY TO FERRERO PARKWAY
CONTRACT NO. CITY-1531
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 17, 2024, via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

The Scope of Work is as follows: The project involves the reconstruction of an existing roadway slope on the west side of Grand Avenue, north of Baker Parkway. As part of the slope reconstruction, the existing sidewalk, curb and gutter, catch basin will be reconstructed. A portion of the existing street light system will be removed and reinstalled, along with new cabling and service feed connection. As part of this project, the AC Contract No. CITY-1531 - Specifications A-1
pavement along Grand Avenue between the UPRR bridges will be coldmill and overlaid.

There are two (2) approach slabs that will be removed and reconstructed.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on Friday, December 6, 2024 at 5:00 P.M.

The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited.

PAVEMENT REHABILITATION FROM BAKER PARKWAY TO FERRERO PARKWAY, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBids™, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the CITY and will be given a deadline to submit.

The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.

The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least Bt:V in the latest "Best's Insurance Guide." The attached bond forms shall

CONTRACTOR

INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contract No. CITY-1531 - Specifications A-2
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the CITY.

Contractor shall provide the following types and amounts of insurance:

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

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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

Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability (CGL") policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of Contract No. CITY-1531 - Specifications A-3
California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

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

Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements:

Proof of Insurance. Contractor shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the CITY shall not be required to Contract No. CITY-1531 - Specifications A-4
contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the CITY will be promptly reimbursed by Contractor or the CITY will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the CITY may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.

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

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

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

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

Contract No. CITY-1531 - Specifications A-5
Additional Insured Status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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

CITY's Right to Revise Requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the CITY and Contractor may renegotiate Contractor's compensation.

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

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

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

Contract No. CITY-1531 - Specifications A-6

EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.

PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(iii) Section 1777.5, Apprenticeship Requirements.
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(vi) Section 1775, Payroll Records.
(vii) Section 1773.8, Travel and Subsistence Pay.

CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to • Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

Contract No. CITY-1531 - Specifications A-7

LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

AGREEMENT
When the award of a contract is made to a corporation, the Agreement must be signed by the Secretary/Treasurer of the corporation in addition to the signature of the President/Vice President, or the public agency needs to receive a copy of a resolution adopted by the Board of Directors of the corporation indicating that the party executing the contract has the authority to bind the corporation.

SURETY BONDS
All surety bonds issued in connection with projects for public works must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The power of attorney and the bonds must be executed by the same person, and such signatures shall be notarized.

By the order of the CITY OF INDUSTRY dated November 14, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1531 - Specifications A-8

GENERAL NOTES CONSTRUCTION NOTES

CITY OF INDUSTRY

TOL TER PLA
IMPROVEMENT PROJECT NO. 531

POS CURE NO OUTTIE

G POC SOOMLY INCLING BASE
GRAND AVENUE SLOPE RECONSTRUCTION DISTIC CURS RAP.

SADE SE LOCE SOMEDA

UILTY COME NO FRAIC TO ROC

AND PAVEMENT REHABILITATION FROM
BAKER PARKWAY TO FERRERO PARKWAY нас то снос
CONTRACT NO. CITY-1531

LEGEND ABEREVATIONS CAPE BEAD PORCEL

IS NELLONG BASE MATEL
8 5 0 3 АТ ТОР ОУ КАР

TRUCT LOCK DOMEISON PER SANE ITS MUM JUL
ma

SHOT SOC HOT ATTOROT A OF PROA
Vo0Bbs000||00-300 ASCAPE AND FICATON POR PUNS OR SETS 13

TORE DRE

ANETOT DOUBLE DETECTOR OCE

PROJECT SITE C DO'MIDIT COMECTO STORM DRAIN CONSTRUCTION NOTES

ANACT PANDIOT
$ 5 OR SPIC ST PUN
IXT AT 1 (BOC

OKE MOD
MIGHT MAP COLMA POR SPPK: STD, PUNM 380-4
тени ка (909) 467-0081

INDEX OF DRAWINGS
(907) 231-03 Or 5001 ложе SET LET NEX STURE OT-OIT BARBER POR ECTAL 3 ON

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(023) MS-3271

MOICT N PUC
(900) 525-7554 =230 TO BE AGUSTED EY MONTOR CUTOR, AC 2 or 14 OLOTOR PAC (79) 615-107 TO BE RESTORES ST LOOPE SUBORAIN CONSTRUCTION DETALS STREET INPROVEMDIT PLAN & PROPLE STA 254+32,79 TO STA 254N00.00 (101) 380-3773

CAUTOREA EDICON
STREET TUPROVEMENT PLAN & PROPLE STA 273+09.59 TO STA 280+9897 (109) 173-3152 PLUS FOR PURLA
(435) 113-2039 STOR DRAN PLAN STA 273+9.00 TO STX 200-00.30 SONG AND STRANG MPHOVDVDYT PLAN STA 284+40 TO STA 273-37 (05) 111-0330 ONC PROVEMONT PLAN STA 275+81 TO BUOR RAMORAY PROVOMONT PLUI STA 276+6S TO BAER PARNAT • OF CUED AT BOTTOM OF RAN

STREET LOING MMPROVEMOYT PLAY CONSTRUCTION DETALS

PRIGATON MPROVDOIT PLAN SCOT BON TOGE

PLATING PROVIDIT PLAN

NOTICE TO CONTRACTOR

CITY OF INDUSTRY

A EY A SCARDI O

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
4750 ELEV.00.254 ACNC - * TITLE SHEET, GENERAL NOTES, VICINITY MAP, INDEX OF DRAWINGS •CORPORATED AME 18, T857 CONSTRUCTION NOTES, LEGENDS AND ABBREVIATIONS 1 CONTRACT NO. CITY-1537 SHEET 1 Or 14

CONSTRUCTION NOTES

AC PANDMENT, DOTTA T

GRAND AVENUE

OCT ALONG BA
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I L LOCK COMESSO

CORT NO FRAME TO PRESSED

DUCATON
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VARION TIFE A DID POE

LEGEND POT ATTAORDIT A OF PROVECT
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08- MORRISON TO DEMO AS

CONSTRUCT POC PAIDDIT
29159 р CORAINE BOCE MID

ALIMEL A ONCLAY

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STNG POC DADE PANDMONT

DESTAC DECORATNE ROCK

GRAND AVE WEST RAME

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GRAND AVE TRA SECTON GRAND AVE - TEEN. SECTON

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
DG 4760 DEV. 1019A ACNC* STREET IMPROVEMENT PLAN

TYPICAL SECTIONS AND CONSTRUCTION DETALS
SET 2 or 14
- B
•CA POTOUTS PIG PAC
75 some
= B

FOR CONT ADOR

BORAN DETAI, AND SECTION B-B

SUBORAN ELEVATION,AND SECTION A-A

I A POCA

MOISTURE BARRIER DETARS AND SECTION CC

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
4780 ELEV. 101.964 ACNC* STREET IMPROVEMENT PLAN
HCORPORATED 2N2. 11. 1157 SUEDRAIN CONSTRUCTION DETAILS * Bonded SHEET 3 OF 14

CONSTRUCTION NOTES
-COLMAL A ROVONE DESTING AC MANDMONT, DOPPI Z
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GRAND AVENUE

CRAND AVE EAST RAMP
STA 269+00
ns 27. SEE SHEET NO. 5
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INSTUCT ACC PANDION

CONGIUCT PCC SOCULX

OROMEL A ONORAT

DISTING POC PANADIT

DISTINO POE DACOE PADRON

DESTING OCCORTIC NOOX

GRAND AVE WEST RAMF

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY

STREET IMPROVEMENT PLAN

ANCHE PLAN AND PROFLE
STA 254+39.79 TO 269+00
Va (omina MP 20-01 SET 4 Or 14

CONSTRUCTION NOTES
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645- -645 NO MAT I ONE CODE L LOCAL DRESSON

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DESTRO DECORATE FOX

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY STREET IMPROVEMENT PLAN
ACNC*
+ Me Car Blope Cer Son, done PLAN AND PROFLE
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MP 20-01 SHEET 5 OF 14
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POC SOORLX MALONC BASE ET LOCAL DEMESSON POR SAPIE STE PUR 31344 •CONTE RAL LOCAL SOMESO OS E AMACION TRE A (E) POR
INAUINYIMANMA MOSCUE AND PRECITON POR PLUES CE DACETE 15

AUST TVE MORANT TO GRACE
1 08
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CITY OF INDUSTRY
151735 0035
17c/0 PROASH ELAB DETAL На 2 1 И 1 0 81 46 0 0370-10-10)

GRAND AVENUE RECONSTRUCTION

BENCH MAES CITY OF INDUSTRY
B.M.02_05 4750 ELEV.306.054 STREET IMPROVEMENT PLAN
JACNC* PLAN AND PROFLE
STA 275+69.59 TO STA 280+99.97
иР 20-01 SET & OF 14
10001 3031 CONTRACT NO. GTY-15:

LONCE 570

GRAND AVENUE

DI AC PARONG LOT

CONSTRUCTION NOTES
•COLMEL & FOIONE DESTNC AC PRIDENT, DOPIN T.

DIOK DESTIC AC PANCHONT ACLLENC BASE

CHONC DESTAC POC PAVDIDIT NCLLONG BASC

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MAO IODIE DESTIC POE SORAX HELING BUE.

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CITY OF INDUSTRY
B.M. MD. DG. 4750 ELEV.54.04 ACNC EE GRADING IMPROVEMENT PLAN A. wdey tind it 4se PO DO Ze

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635- —635

STORM DRAIN CONSTRUCTION NOTES
630 -630

PROPE RA

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DIATRUCT POE SOCHALK
GRAND :AVENUE

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CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY

STORM DRAIN IMPROVEMENT PLAN
ACNC* CATCH BASIN AND SUBDRAINS
STA 275+90.00 TO 280÷00.38
uP 20-01 SHEET 8 OF 14
TO TEN CONTRACT NO. GTY-1551

GENERAL STRIPING NOTES STRIPING CONSTRUCTION NOTES SIGNING CONSTRUCTION NOTES LEGEND •RESTAL 907 IUCTE POR DETAR 12, CALTURS SOMAIO PUM ADDA. POTAL ICT SON PANOLS) (TIPC POR PLAN) OT NON Y? POUCATTD POST.

ANTE POR DETAL 31L CALTEUS S BON DESONO SON PAILA (TAC POR PUN) FON DESTAG MOST OF POC DOTTNG S0N PANC(E) ANO POST.

AL SUPIG NO I MONTO PUM 1OOK. ICT SO% PANILS) (TPE POE PUNI) OF DESING POST CE POLL. DESTIC 301 OK (2) POSTI ALL DON FANOS AND POSTS SHAL REMIM E PLACE, UNS OTORES OTD OI SE PUNE CATE DESING SON PANELI) (MPE POR PLAN) DE NE T PORORNIDO POET. ® 7EO POST 201

DESTAC SION PANGLET) MND POST TO MEUS PROTECT IN TRACE
CROSSAALE MED/ON LAT UNCE POR CETAR 22. OLEIANA SORONO FUDI ARSA

DOI ACUIDA DE SORA, OR SIRCET LONT POL
ONDE MUNE AT DOTT PEC MOUNT LOCITON PES SPPEC 577, PUSE HIS LUA TANGAO RUS A3O TECUOH ADEF. DESTAC SON OU SORAL OF SOLET UOT POLE

DEPARAT LOOP BEPLACEMENT NOTES
-Deste

DISTO PANOMENT MARONG-ARROU
EL LIVE STATE AO TE MITRICIO AMASIOS NO DOPARTURES SULL ICON ANG DIO MEDI S9 FECT OF ~~~ MY NO COM

PANELS ANO POST ROMACA NO NOT RELOCATA OR NONSTLLED SHIL DE RESUMED- TO DE OTT OF -DETNO CD ANO GUTIO
TO OX 779-
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ALL DESTAC INSTA) DE SESICA SOI PANELS SHALL DE REMONE AS BOCATED ON THE PLANT

TACK ADYNICK LOO LATOST
DETAL A*
STA 276700
-
SEE SHEET NO. 10
=

GRAND AVENUE
LEGEND

DESTRO PCC PAMMORT CITY OF INDUSTRY

DESTRO POC BRIDOE MANCADET

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
B.V. 6D 0G 4730 ELEV.504912 STREET IPROVEMENT PLAN
os cate dorso: SIGNING AND STRIPING
STA 284+40 TO 275+00
3500 N MP 20-01
OBE 2024 CONTRACT NO. CTY-15
-_ MATCHLYE STA 275100.-

GRAND AVENUE

DESTIC POISE MOX MAIDIOT

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY STREET MPROVEMENT PLAN
BUM NO. NO. 4380 ELEV. 1034 ACNC* SIGNING AND STIPING
O
275+00 TO BAKER PARKWAY
(omina) L020 m 20-01 SHET 10 Or 14
100 :0o
STA 28100 "

GRAND AVENUE

SEE BELOW LEFT
DOD: 1000 " MATCHLRE
000 -00
-
STA 281+00 STREET LIGHTING

CONSTRUCTION NOTES

BEE ABOVE RIGHT

LATCHLINE

BIT LOIT CONCRETE POLE, APLACE
@-

AT CASTIC MADE

BAKER PARKWAY

IC GITY STAT LOIT

MRUG UTUTY (PU)

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
ELEV.5424. STREET LIGHTING PLAN-CITY
XAL TALL PREE STA 276+03.69 TO BAKER PARKWAY
A Roy Det a Sh
MP 20-01 SHEIT 11 OF 14
DEO 1e OLV

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I 40 MAC CONDUTE SEC POS PUMI

PLAN VIEW

OLADO DEIC
LIGHT PULLBOX INSTALLATION DETAILS (SL#1,SL#3-SL#7)
CALE N.T.S

GENERAL NOTES FOR STREET UGHTING PLAN MIL ACAL
TYPCAL AMERON STANDARD DETAILS (SL3 TO SL 7)

ALTOR PONTA
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DE CONDE MEX SVEL CONST OF ME POLDRO $A10I ODIS FOI CEC TÃO OF CONOTE

CAPPING
COMO SADOS (1 9A00) 917 L CITY OF INDUSTRY
3 WRING DIAGRAM

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
ACNC* STREET LIGHTING PLAN-CITY
CORPORATED JUME 14, 115 DETAILS AND WIRING DIAGRAM
PODe 300
30 3302711 22 JOE NO. MP 20-01
Bula I SHEET 92 OF 14

COMEM CONTRACT NO OTY-TRE
=
MOGI. CAROOMA 01742 FAX 626.336.4273
GRAND AVE / BAKER PARKWAY IRRIGATION - Z GRAND CROSSING GRAND AVENUE / BAKER PARKWAY NDUSTRY URBAN DEVELOPMENT AGENCY 15660 EAST STAFTORO •AVE / BAKER PARKWAY IRRIC
Mam-

GRAND AVE
/ BAKER PARKWAY IS

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY
ACNC* LANDSCAPE AND IRRIGATION PLAN

IRRICATION PLAN
A CONTRACT NO. 0-1397 SHCET 13 Or 14
GRAND CROSSING GRAND AVENUE / BAKER PARKWAY DUSTY BE EAST STAFFORD AGENCY CrY OF INDUSTRY, CALIFORNA 91744 FAX 026.336.4273 A 526.333.1480

UCTION PUNS

CITY OF INDUSTRY

GRAND AVENUE RECONSTRUCTION

CITY OF INDUSTRY

LANDSCAPE AND IRRIGATION PLAN

PLANTING PLAN

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: Sam Pedroza, Assistant City Manager
DATE: November 14, 2024
SUBJECT: Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to utilize for a fundraising event

BACKGROUND
Delhaven Community Center ("Delhaven") is a locally based non-profit organization that works with our community's special needs population, at-risk children, as well as young adults and their families.

The organization has been in the community since 1972 and has helped thousands of families with the support services that they offer, including after-school day care, summer camps, free food services, and care for those with special needs.

Delhaven requested permission from the City to utilize the parking lot at the Workman and Temple Homestead Museum to host a fundraising event. The event will take place on December 14, 2024, from the hours of 8 am to 5 pm. The fundraising event will feature a car exhibition, showcasing cars from the Puente Viejo Car Club and vendors offering food and a variety of merchandise. There will also be a Holiday toy drive collection benefiting the children in the community.

DISCUSSION
The fundraiser aims to support the children in the community. Those in attendance will donate an unwrapped toy to participate in contests and as entry fee to the event. Vendors selling merchandise will donate their rental space fee to Delhaven. Staff is requesting the City Council approve the Facilities Use Agreement with Delhaven for use of the parking lot at 15415 Don Julian Road.

FISCAL IMPACT
Given that the event is a fundraiser for a non-profit organization, the City will not charge for the use of the parking lot.

RECOMMENDATION
Staff recommends that the City Council approve the Facilities Use Agreement.

Attachments
Facilities Use Agreement with Delhaven Community Center

CITY OF INDUSTRY

FACILITIES USE AGREEMENT
THIS FACILITIES USE AGREEMENT ("Agreement") is entered into on this 14th day of November 2024 ("Effective Date"), by and between the City of Industry, a California municipal corporation (the "City") and Delhaven Community Center, a non-profit organization, (the "User").

The City and User are collectively referred to as "Parties" and individually as "Party".

RECITALS
WHEREAS, the City is the owner of certain real property located at 15415 Don Julian Road, City of Industry, California, (collectively the "Property"), as described in Exhibit A. This Agreement pertains to the non-exclusive use of a portion of the Property; and WHEREAS, User is a non-profit organization that is conducting a fundraiser serving the community, that desires to use a portion of the Property for its operations; and WHEREAS, the City desires to allow User to operate at the Property; and WHEREAS, the Parties desite to enter into this Agreement to make a portion of the Property available to User, as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties hereto agree as follows:

GENERAL PROVISIONS
SECTION 1.
(A) Term.

The term of this Agreement shall commence at 7:00 am on December 14, 2024 and shall terminate on 7:00 pm on December 14, 2024, unless sooner terminated by either Party, as provided in this Agreement.
(B) Property.

User may use the designated portion of the Property for the following:
• The User will host a car show fundraiser to support its non-profit mission.

Vendors will set up booths to sell their merchandise.
• Unwrapped toys will be collected from those attending the event.

Music will be played by a DJ.
(C) Rent and Utilities.
1 Given that User is hosting a fundraising event to benefit a non-profit organization, City will donate the space at no cost to User.

Intentionally Left Blank.
(E) Use Restrictions.

User shall only use the Property for the use as described in Section 1(B), above. (F) User Responsibilities.
(1) User shall be financially responsible for any damages that may occur at of to the Property related to User's use.
(2) The User is responsible for the conduct of all participants, the supervision of minors and any damages that may occur at or to the Property related to User's use.

The User shall require each individual participating in the car show, to execute a release and waiver. The form of the release and waiver shall be in substantially the form attached hereto as Exhibit C, and incorporated herein by reference.
(4) Install and remove signs designating parking spaces on the Property. (G) Non City-Owned Property.

The City reserves the right to remove any items remaining at the expiration of the term of this Agreement from the Property and have them stored at User's expense. If such items, equipment or supplies are not claimed within one (1) week, the City reserves the right to dispose of such material in any manner it deems appropriate. User shall be responsible for any costs of storage and disposal incurred by the City for such equipment or supplies. The City is not responsible for any damage or theft of any items left by User, or any of User's officers, agents, employees, guests, or invitees. (H) Disclaimer of Condition of Property.

City makes no warranty or representation of any kind concerning the Property or the fitness of the Property for the use intended by User. User has inspected the Property and knows and accepts its condition, and waives any express or implied indemnity against the City. (I) Damage or Destruction of the Property.

In the event the Property is damaged by fire or other casualty, City may, at its sole and absolute discretion, elect to terminate this Agreement. If the City is unable or unwilling to repair any damage caused by fire or other casualty, User may terminate this Agreement. Should the Property be damaged by fire or other casualty, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.
d) Assignment.
2 User shall not assign this Agreement without the prior written consent of the City. Any such assignment without prior written consent shall be void, and the City, at its option, may terminate this Agreement.
(K) Right of Entry.

City shall be entitled, at all times, to enter the Property for the purpose of inspecting the Property, or for the purpose of inspecting the performance by User of the terms and conditions of this Agreement, or for the purpose of posting and keeping posted thereon notices of non- responsibility for any construction, alteration or repair thereof, as required or permitted by any law or ordinance. City shall also be permitted to use the Property when User is not operating.

SECTION 2. USE OF PREMISES
(A) General.

User shall use the Property as provided Section 1(B) above.

User shall not use the Property, or any portion thereof, for any purpose which may increase the existing rate of insurance upon the Property, or cause the cancellation of the insurance on the Property. User shall be responsible for any insurance increase or cancellation of insurance, as a result of its activities at the Property.
(B) Hours of Operation.

User shall maintain the following hours of operation: 7:00 am to 7:00 pm on December 14, 2024.
(C) Supplies and Expenses.
i. User shall be responsible for the costs associated with liability insurance for its use of the Property.
ii. User shall pay for all equipment (collectively, "Equipment") used for its activities on the Property.
(D) Maintenance, Repair and Alterations.
i. City shall be responsible for any structural, routine maintenance, and long term capital repair at the Property, except to the extent such repair is made necessary as a result of the misconduct of negligent acts or omissions of User, its participants, staff, volunteers, and/or invitees. In the event of any repair, whether requested by User or otherwise, the City may make the determination whether to do the work or terminate this Agreement. Notwithstanding the foregoing, the City shall not be responsible for any structural or routine maintenance to the Equipment operated by the User, which shall be the sole and absolute responsibility of the User.
3 ii. City shall be responsible for maintaining all landscaping at the Property. ili. User shall maintain the Property in good and safe condition, and shall be responsible for repairing any damage arising from the negligence or misconduct of User, its participants, staff, volunteers, and/or invitees. In the event User discovers a hazard or maintenance issue at the Property, it shall immediately notify the City in writing of via email. iv. User shall not commit, or suffer to be committed, any waste upon the Property, or any public or private nuisance.
v. User shall not make any improvements to the Property during the Term of this Agreement.. vi. The User shall not cause or permit to be filed, recorded or enforced against the Property, or any part thereof, any mechanics', material men's, contractors' of subcontractors' liens arising from the uses permitted herein, or any claim or action affecting the title to the Property arising from the uses permitted herein, and the User shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of the City's other rights and remedies under this Agreement or under law, should the User fail within fifteen (15) business days of a written notice from the City to pay and discharge or bond over any lien arising out of the User's use of the Property, then a material breach under this Agreement shall be deemed to have occurred which, at the City's election, shall entitle the City to terminate this Agreement effective upon notice by the City to the User so stating.

If the User desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Property of any portion thereof for which the City could become liable if not successfully resolved, as a condition to such contest, the User shall notify the City of the User's intent to contest the lien or claim and the grounds for such contest.

Notwithstanding anything to the contrary set forth herein, the User shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the City or the Property.

SECTION 4. RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(A) User shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, contractors, attorneys, consultants, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys' fees, arising out of or in connection with User's use of the Property, or its negligent failure to comply with any of its obligations contained in this Agreement (collectively "Claims"). Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve User from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any Claims whether or not such insurance policies shall have been determined to apply. (B) User releases the City, its officers, officials, attorneys, agents, and employees of any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorney's fees, arising out of or in connection with User's use of the Property under this Agreement.
4 User acknowledges and expressly waives the benefit of California Civil Code Section 1542, which is set forth below, and specifically agrees that the release contained in this Agreement shall extend to all claims arising out of transactions which the Parties do not know or expect to exist in their favor at this time, and which rise out of or are connected to the Agreement. California Civil Code Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.

City's Initials User's Initials
User acknowledges that the facts and law in relation to this matter and the claims released by the terms of this Agreement may turn out to be different from or in addition to the facts of law as now known to each Party or its counsel. User therefore expressly agrees that the release so given shall be and remain in effect as a full and complete release of the persons and entities released thereby notwithstanding any possibility of new or different facts of law.

By execution of this Agreement, User acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. (D) If, for any reason such as, but not limited to, earthquake, flood water damage, explosion or other calamity of circumstance, it shall become necessary to close the Property, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.

SECTION 5. INSURANCE
(A) During the term of this Agreement, User shall, at its sole costs and expense, carry, maintain, and keep in full force and effect insurance of the types and in the amounts as set forth in the attached Exhibit B, incorporated herein by this reference.
(B) City and its elected and appointed officers, employees, attorneys, agents, and volunteers shall be named as additional insureds with respect to each of the insurance policies required under this Agreement.

At all times during the term of this Agreement, User shall maintain on file with the City's City Clerk a certificate or certificates of insurance showing that the insurance policies required by this Section 5 are in effect in the required amounts and naming the City and its elected and appointed officers, employees, attorneys, agents, and volunteers as additional insureds. User shall, concurrently with the execution of this Agreement, file with City's City Clerk such certificate(s). 5 (D) User shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed of replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

SECTION 6. INDEPENDENT CONTRACTOR
(A) User 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 User shall at all times be under User exclusive direction and control. Neither City nor any of its officers, employees, attorneys, or agents shall have control over the conduct of User or any of User officers, employees, or agents, except as set forth in this Agreement. User shall not at any time or in any manner represent that it of any of its officers, employees, or agents are in any manner officers, employees, ot agents of the City. User shall not incur or have the power to incur any debt, obligation, ot liability whatever against the City, or bind the City in any manner. (B) No employee benefits shall be available to User in connection with the performance of this Agreement. City shall not pay salaries, wages, or other compensation for operating User. City shall not be liable for compensation or indemnification to User for injury or sickness arising out of its operation or use of the Property under this Agreement.

User shall indemnify, defend and hold harmless, the City, its officers, employees, attorneys, and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses ot costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, User or by any individual or agency for which User is legally liable, including but not limited to officers, agents, employees or subconsultants of User, service as an independent contractor. The indemnity provisions set forth in this Section 6 shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.

SECTION 7. 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:

If to City:

Joshua Nelson
City Manager
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
6 With a copy to:

James M. Casso,
City Attorney
Casso & Sparks
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
If to USER:

Delhaven Community Center
Tim Seal
15135 Fairgrove Avenue
La Puente, CA 91744
SECTION 8. COMPLIANCE WITH LAWS
User represents and warrants to City that User, its officers, agents, employees and volunteers have all licenses, permits, qualifications, and approvals of whatever nature which are legally required for User, its officers, agents, employees and volunteers to provide the services, programs and activities contemplated by this Agreement, and that it shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and city, relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or hereinafter enacted.

SECTION 9. DEFAULT/TERMINATION
(A) In the event of any breach of this Agreement, City, in addition to any other rights and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Property.
(B) In the event of any breach of this Agreement, either Party may terminate the Agreement immediately, by serving written notice upon the other. Upon receipt of said notice, User shall immediately vacate the Property and remove all of its possessions. (C) User may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the City with five days' written notice. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the User with notice 24 hours prior to termination. Upon receipt of said notice, User shall have 24 hours to vacate the Property and remove all of its possessions, unless the notice provides otherwise. If either Party suspends of terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS
(A) User acknowledges that this Agreement may create a possessory interest subject to property taxation, and that User may be subject to payment of property taxes levied on such interest. Any such tax liability shall be the sole and exclusive responsibility of User. 7 (B) User agrees that its use of the Property and this Agreement, shall not entitle User to any relocation benefits pursuant to federal, state, or local law, and User hereby waives any such claim against the City for relocation benefits.
(C) The rights granted to User under this Agreement are non-exclusive use only, and in no respect shall the same constitute or be construed as an assignment of a leasehold or other interest in the Property set forth in this Agreement.
(D) 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, of 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 ot 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. (E) If any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, of arising out of of relating to User use of the Property 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. The venue for any litigation shall be Los Angeles County, California or in the United States District Court for the Central District of California. (F) 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.

This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. (H) All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

This instrument contains the entire Agreement between the City and User with respect to the transactions contemplated herein. No other prior oral of written agreements) are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and User.
() This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. "CITY" "USER"
City of Industry Delhaven Community Center
By_ By:

Joshua Nelson, City Manager Tim Seal, President
Attest:

By:

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

By:

James M. Casso, City Attorney
Exhibit A
Description of Property
User may use the designated portion of the Property identified in the map below by yellow lines. •Workman and
Temple Family..

Homestead Historical landmark
opento the public
Museum Gallery
10 Exhibit B

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

General liability insurance. User shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. User 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 User arising out of or in connection with 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.

Workers' compensation insurance. User shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

User 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. User 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 the City 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. User shall procure and maintain for the duration of the contract insurance against claims for injuries to persons of damages to property, which may arise from or in connection with this Agreement by User, its agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by User 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 11 the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by User. 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 User or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. User 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). User acknowledges and agrees that any actual of alleged failure on the part of the City to inform User 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 User maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. User agrees to oblige its insurance agent or broker and insurers to provide to City with a five (5) day notice of cancellation or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide ot 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.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that User 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. User agrees to ensure that its subconsultants, subcontractors, and any other party involved with the permitted use who is brought onto or involved in the permitted use by User, provide the same minimum insurance coverage and endorsements required of User. User agrees to 12 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. User 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 insutance required by giving User five (5) days advance written notice of such change.

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

Additional insurance. User 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 this Agreement.
13 Exhibit C

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE (FULL NAME), fully understand that my participation in the Delhaven car show fundraising event exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in the Delhaven fundraising event and agree to assume any such risks.

I hereby release, discharge and agree not to sue the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers for any injury, death or damage to or loss of personal property arising out of, or in connection with, my patticipation in the Delhaven cat show from whatever cause, including the active or passive negligence of the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers of any other participants in the Delhaven car show. The parties to this agreement understand that this document is not intended to release any party from any act of omission of "gross negligence," as that term is used in applicable case law and/or statutory provision.

In consideration for being permitted to participate in the Delhaven car show, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers from any and all claims, demands actions of suits arising out of or in connection with my participation in the Delhaven fundraising event.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.

Date
Signature
Printed Name
14 CITY COUNCIL
ITEM NO. 6.6

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Sean Calvillo, Director of Operations, CNC Engineering
DATE: November 14, 2024
SUBJECT: Consideration of Amendment No. 5 to the Professional Services Agreement with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., for Landfill Operation Monitoring and Maintenance Consulting Services, extending the term through December 31, 2027, revising the rate schedule, and increasing compensation by $650,000.00

BACKGROUND
The City is required to comply with the South Coast Air Quality Management District ("SCAQMD") Rule 1150.1, Control of Gaseous Emissions from Municipal Solid Waste Landfills. In order to comply with that rule, Stearns, Conrad and Schmidt, Consulting Engineers, Inc., ("SCS") has been testing and monitoring all areas of the Industry Hills Landfill gas collection system and collecting flare inlet samples for laboratory analysis of Non-Methane Organic Compounds ("NMOC") and SCAQMD carcinogenic and Toxic Air Contaminants ("TAC").

Specific types of monitoring include: perimeter gas probe monitoring (conducted on a monthly basis), instantaneous surface monitoring, landfill gas sampling (conducted on a quarterly basis), integrated surface sampling (conducted on a bi-annual basis) and ambient air sampling (conducted on an annual basis). All monitoring is performed in accordance with the SCAQMD Rule 1150.1.

SCS provides routine weekly, monthly, quarterly and annual operation, monitoring and maintenance services for the Landfill Gas ("LFG") Collection and Control System located at the Industry Hills On October 13, 2016, the City Council approved a Professional Services Agreement ("Agreement") with SCS to provide these landfill operation, monitoring and maintenance consulting services at Industry Hills, through October 13, 2017, in the amount of $188,000.00. On September 14, 2017, the City Council approved Amendment No. 1, to extend the Agreement for a period of two months from October 13, 2017 to December 31, 2017 , and to increase the compensation by $31,333.00 to cover the services provided during the extension.

On January 11, 2018, the City Council approved Amendment No. 2, to extend the Agreement for a period of one year through January 11, 2019, and to increase the compensation by $188,000.00 to cover the services provided during the extension. On December 13, 2018, the City Council approved Amendment No. 3, to extend the Agreement through December 31, 2021, and to increase the compensation by $594,083.00 to cover the services provided during the extension. On December 21, 2021, the City Council approved Amendment No. 4 to extend the term through December 31, 2024, revise the rate schedule, revise indemnity specific to independent consultants, revise the address for the City, and increase compensation by $700,000.00.

DISCUSSION
Amendment No. 5 to the Professional Services Agreement extends the term of the Agreement another three years, through December 31, 2027
to revise the rate schedule to reflect SCS's current rates along with an increase in compensation by $650,000.00 over three years.

FISCAL IMPACT
Table 1 - Summary of Costs
Contract Amount $188,000.00
Amendment No. 1 $31,333.00
Amendment No. 2 $188,000.00
Amendment No. 3 $594,083.00
Amendment No. 4 $700,000.00
Amendment No. 5 $650,000.00
Revised Project Cost $2,351,416.00
future fiscal years through 2027.

RECOMMENDATION
Staff recommends that the Council approve Amendment No. 5 to the Professional Services Agreement with SCS.

Attachments
A. Amendment No. 5 to the Professional Services Agreement with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., dated November 14, 2024

ATTACHMENT A
AMENDMENT NO. 5

TO AGREEMENT FOR CONSULTING SERVICES WITH STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC.

This Amendment No. 5 to the Agreement for Consulting Services ("Agreement"), is made and entered into this 14"h day of November, 2024, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City") and Stearns, Conrad and Schmidt, Consulting Engineers, Inc., dba SCS Engineers, a Virginia corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about October 13, 2016, the City, approved the Agreement with Consultant, to provide landfill operation, monitoring and maintenance consulting services; and WHEREAS, on or about September 14, 2017, the City, approved Amendment No. 1, to extend the term of the Agreement through December 31, 2017 and increase the compensation by $31,333.00; and
WHEREAS, on or about January 11, 2018, the City, approved Amendment No. 2, to extend the term of the Agreement through January 11, 20219 and increase the compensation by $188,000.00; and
WHEREAS, on or about December 13, 2018, the City, approved Amendment No. 3, to extend the term of the Agreement through December 31, 2021 and increase the compensation by $594,083.00; and
WHEREAS, on or about December 21, 2021 the City, approved Amendment No. 4, to extend the term through December 31, 2024, revise the rate schedule, revise indemnity specific to independent consultants, revise the address for the City, and increase compensation by $700,000.00; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to December 31, 2027, to allow for continued services. The Parties further desire to amend the rate schedule to reflect Consultant's current rates and increase compensation by $650,000.00 for the extension.

WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 5, 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:

TERM
Section 1 of the Agreement shall be revised in its entirety to read as follows:

This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2027, unless sooner terminated pursuant to the provisions of this Agreement.

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

This amount shall not exceed Two Million Three Hundred Fifty One Thousand Four Hundred Sixteen Dollars ($2,351,416.00) for the total Term of the Agreement unless additional payment is approved as provided in the Agreement.

EXHIBIT B, RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with rates set forth in Attachment I, 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. 5 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"

CITY OF INDUSTRY STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS, INC.

By: By:

Joshua Nelson, City Manager Galen S. Petoyan, Senior Vice President Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
ATTACHMENT 1

EXHIBIT B

RATE SCHEDULE
OM&M

FEE SCHEDULE
(Effective January 1, 2025 through December 31, 2027)
Technical Field Personnel
Rate ($)/Hour
Systems Specialist ... ..89
Laborer... ..90
Field Technician I. 105
Fusion Technician... .. 110
Equipment Operator. 112
Field Technician II.. 115
Plant Operator 120
GIS Technician. 121
Senior Field Technician 126
OM&M Project Foreman 128
Mechanic. 130
Support Specialist.. 138
OM&M Superintendent. 145
Drone Pilot... 160
Systems Administrator .. 160
Controls Specialist..... 182
Network Engineer.. 182
Senior OM&M Superintendent. 190
Senior Drone Pilot. 220
Systems Integrator 229
Management/Support Personnel Rate
($/Hour Secretarial .. ....90
Project Administrator.. ... 100
Field Data Analyst. 107
Designer/Drafter. 120
Senior Project Administrator 125
Administrative Coordinator. 125
Senior Field Data Analyst.. 130
Field Project Coordinator. 150
Project Professional. 155
Project Estimator.. 156
Project Coordinator/Accountant 165
H&S Specialist 165
Product Development Manager. 195
Senior H&S Specialist 200
Controls & Instrument Engineer 240
H&S Manager 240
Quality Advisor 250
Project Manager
Senior Project Professional
GIS Developer
Senior Project Manager
Quality Manager
Regional Manager/Project Director 310
RMC Business Manager 32
Senior Project Advisor 330
National RMC Director 35.

Director of Technology 351
EXHIBIT A TO AMENDMENT NO. 5:

AGREEMENT FOR CONSULTING SERVICES WITH STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC. DATED OCTOBER 13, 2016

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as of October 13, 2016 (Etective Date), between the City of Industry, a municipal corporation ("City") and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. a Virginia corporation ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties"

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 October 13, 2017, 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 Do i compensation any 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 operation, monitoring, and maintenance services for landfill gas collection and control systems, 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

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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.

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

4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Eighty-Eight Thousand Dollars ($188,000.00) 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

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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

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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 4 of this Agreement.

7. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide 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

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the City. Nothing herein shall constitute or be construed to be a representation by Consultant that the reports, documentation or other work product prepared under this Agreement is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk and Consultant shall have no liability with respect to such use.

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, 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 indemnities of Section 8(b) during 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 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. Except as otherwise provided in Section 8, 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 or a settlement of claims acceptable to the parties, to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

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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 wil 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.

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13. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager

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With a Copy To: James M. Casso, City Attorney
Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
To Consultant: Stearns, Conrad and Schmidt, Consulting
Engineers, Inc.
3900 Kilroy Airport Way, Suite 100
Long Beach, CA 90806-6816
Attention: Galen S. Petoyan, Senior Vice President

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.

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

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

17. GOVERNING LAWATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

18. ENTIRE AGREEMENT

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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 matenal.

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.

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24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Stearns, Conrad and Schmidt, Consulting Engineers, Inc.
(aul). Shilys By: Lalen Pestran
Paul Philips, City Manager Galen S. Petoyan, Senior Vice President Attest:

By Diane, Schlante
Diane Schichting, Chief Deputy City Clerk
Approved as to form:
anta ano
Bames M. Casso, City Attorney
•
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
The LFG collection system at the Industry Hills Landfill consists of approximately sixty-nine (69) monitoring probes, ninety-eight (98) extraction wells, eight (8) condensate sumps, two (2) air compressors and one blower/flare station.

Consultant shall perform the following services:

Routine Operation, Monitoring, and Maintenance
Monitoring
Weekly
Weekly, the Blower Flare Station (BFS) will be monitored. Data will be collected and recorded for the following:
• Date and time, technician, meteorological conditions (wind velocity and direction, barometric pressure, ambient temperature, precipitation). • Extraction blower operating temperatures and pressures (inlet and outlet), check blower drive belts and bearings.
• Methane, oxygen, carbon dioxide, and balance gases concentrations at the blower inlet and outlet using a GEM-5000 or other approved monitoring instrument.
• LEG flow rate at the flare inlet, differential pressure across the flame arrestor, combustion temperature in the flare, and combustion air dampers will be checked for proper operation.
• Condensate knockout and storage tank will be inspected and liquid levels recorded. • Check air compressor and record pressures and temperatures. • Check condensate removal and pressure relief valves
• Check and record levels in propane tanks.
• The instrument panel will be checked for proper operation, including the data recorder, auto dialer, temperature controller and run timer, recorder, will be downloaded monthly, and flare run cycle time and combustion set point temperature will be recorded.

The flare station and header piping will be checked for leaks.

Branch header piping will be monitored for gas composition, vacuum and temperature.

Weekly, the driving range air compressor will be inspected for proper operation and pressures and temperatures will be recorded.

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Weekly, eight condensate sumps will be inspected for proper operation, checked for leaks and piping inspected.

Monthly
Monthly, the gas extraction wells will be monitored with a GEM-5000. Each well will be tested for the following:
• Initial and final static pressure.
• Initial and final LFG temperature.

Initial and final wellhead static pressure.
• Header system pressure.

Methane concentration.

Oxygen concentration.
• Carbon dioxide concentration.
• Balance gas (assumed to be nitrogen) concentration.
• LFG flow rate.

Monthly, the monitoring probes will be monitored. Each monitoring probe will be tested for the following:
• Probe static pressure.

Methane concentration.
• Oxygen concentration.
• Carbon dioxide concentration.
• Balance gas (assumed to be nitrogen) concentration.

Quarterly
Quarterly, inspect and calibrate if required, the combustible gas sensors located at the hotel, pretreat room and 12 KW room.

Operation
Continuous
Maintain continuous remote monitoring and operation control of the LFG flare system.

Monthly
• LEG extraction wells and BFS total flow will be adjusted as required to control LFG migration and odor.

Gas collection system piping will be observed for condensate blockages and proper operation.

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Maintenance
Quarterly, or on manufacturers' schedule
The blower and electrical motor bearings will be lubricated in accordance with the manufacturers' specifications and schedule.
• Clean, adjust, and lubricate the combustion air dampers.

Service air compressor adjust belts and replace filters and compressor oil.

Annually
• Disassemble, clean and reassemble the flame arrestor, if dP>2.0 inWC. • Inspect burner assemblies and clean if necessary.
• Inspect flare interior insulation.
• Inspect internal burner air dampers.
• Clean and check alignment of flame sensor.
• Clean and check ignitor assembly and ignition wire.
• Check thermocouple positions.
• Check sheave alignments and drive belt tension.
• Perform vibration check on motor blower unit.
• Check gauges for proper zero.

Reporting
Once each month, Consultant shall prepare a detailed report containing the data collected and a summary of activity performed on the project during the reporting period. Data will be maintained in SCS DataServices® database to track long-term trends. The original reports will be sent to the City each month.

Non-Routine Scheduled Maintenance
Non-routine scheduled maintenance consists of corrective repair or maintenance work identified during the routine weekly or quarterly visits. This work would consist of, but not be limited to, items such as the repair of collection system piping, replacement of thermocouples, etc. This work is essential for proper system operation; however, it is considered to be the type of work that can be scheduled to allow for procurement of materials, equipment, scheduling of personnel, etc. Non-routine scheduled maintenance will be requested by Authorization for Expenditure ("AFE") and work will only be performed subsequent to notification to and authorization from the City.

Non-Routine Unscheduled Emergency Services
Non-routine unscheduled emergency services include events that could require immediate response; these could include, but not be limited to:

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• Odor complaints.
• System shutdowns.
• Environmental regulatory exceedance.

SCAQMD Rule 1150.1 Requirements
The following tasks are required to comply with SCAQMD Rule 1150.1 Quarterly Collection System Emissions Monitoring
• Test all areas of the gas collection system under pressure for leaks exceeding 500 ppmv.

Quarterly Inlet Gas samples for Laboratory
• Collect flare inlet sample for laboratory analysis of NMOC and SCAQMD carcinogenic and Toxic Air Contaminants (TAC).

Annual Probe Gas samples for Laboratory
• Collect gas sample from probe with highest methane content for laboratory analysis of NMOC and SCAQMD TAC.

Annual Surface Emissions Monitoring
Perform Instantaneous Surface Monitoring over the entire surface of the landfill to identify any locations above 200 ppmv methane.

Annual Source Test
• Perform Emissions Compliance Testing of the LFG flare, review report and submit to SCAQMD.

Quarterly SCAQMD 1150.1 Report
• Prepare a quarterly report documenting 1150.1 monitoring activities during the previous quarter.

Annual SCAQMD 1150.1 Report
• Prepare an annual report documenting monitoring and operational data for the previous year.

Annual SCAQMD Emissions Inventory Report
• Prepare an annual emissions report documenting emission released from the site for the previous year.

Page 14 of 25 ends

EXHIBIT B

RATE SCHEDULE

OM&M AND ENGINEERING FEE SCHEDULE
(Effective May 1, 2016 through April 30, 2017)
Technical Field Personnel Rate ($)/Hour
Laborer.... ...50
Fusion Technician.... ....62
Technician... ...75
Equipment Operator. 78
Systems Specialist. ...80
Foreman... .86
Plant Operator.. ....86
Senior Technician ...98
Superintendent 105
Mechanic.. 115
Controls Specialist.. 135
Senior Superintendent 135
Management/Support Personnel Rate ($)/Hour
Secretarial.. ...53
Project Administrator 72
Field Data Analyst.. .77
Senior Project Administrator. .85
Project Coordinator/Accountant 100
Designer/Drafter .. 110
Project Professional/H&S Specialist.. 125
Sr. H&S Advisor.. 152
Regional Field Compliance Auditor. 162
Controls & Instrument Engineer. 165
System Integrator. 180
Product Development Manager 180
Senior Project Professional. 195
Project Manager/H&S/National Compliance Manager .198
Sr. Project Manager .210
Sr. Project Advisor. 235
Regional Manager/Project Director .250
Engineering Personnel Fee Schedule Rate ($)/Hour
Clerical ...70
Administrative/Secretarial ....80
Technician ...83
CAD Drafter ....88
Senior Engineering Technician .94
Associate Staff Professional .95
Assistant Office Services Manager/Project Administrator. ....102

Page 15 of 25 ends

Project Analyst ..104
CAD Designer. ..108
Office Services Manager/Senior Project Administrator .. ..108 Staff Professional I. 112
Senior Office Services Manager ..118
Staff Professional II. ..120
Project Professional I ..139
Project Professional II ..149
Senior Project Professional I. ..155
Senior Project Professional II ..167
Certified Industrial Hygienist .185
Project Manager I. .190
Project Manager II 199
Senior Project/Technical Manager 224
Senior Project Advisor....................... ...................................35 Project Director ...........249

Page 16 of 25 ends

FEE SCHEDULE FOR EQUIPMENT AND ANALYSIS
(Effective May 1, 2016 through April 30, 2017)
Rate ($)
GEM 2000/2000 NAV/5000 Gas Analyzer:

Daily Rate.. .. 185/day
Weekly Rate... .. 555/week
• Monthly Rate 1,665/month
...

H2S Gas Pod/CO Gas Pod ... . 10/day
SEM 500/TVA 2020/TDL 500/ Site FID Emissions Monitor:

Daily Rate 185/day
Weekly Rate. 555/week
Monthly Rate 1,665/month
Q Rae Gas Analyzer 02/H2S/CO/Combustibles. 50/day
Micro Max Gas Analyzer 02/H2S/CO/COI Combustibles. 50/day 4 Gas Meter.. 50/day
Magnehelic Pressure Set 20/day
Digital Readout Thermocouple. 25/day
Drager Detector Tubes/Pump.. 15/each
Dewatering Pump (Trash Pump) 45/day
MiniRae 2000/3000 PID:

Daily Rate .. 150/day
• Weekly Rate... ... 500/week
• Monthly Rate 1,500/month
Air Sampling Station:
: Daily Ratete. ..50/day
Weekly Rate. 200/week
Pipe Laser:
• Daily Rate ... ..50/day
• Weekly Rate. 220/week
• Monthly Rate 650/month
Water Trailer.. . 75/day
PAS 3000 Personal Air Sampling Pump 25/day

Page 17 of 25 ends

ledlar Bag (10-Liter) .. 40/each
Von-Contaminating Air Sampling Pump ... 25/day
Interface Probe .50/day
Rate ($)
Submersible Pump:
• Daily Rate.. ...50/day
- Weekly Rate... .. 150/week
• Monthly Rate 450/month
Water Level Indicator:
- Daily Rate .. ...20/day
• Weekly Rate... ... 60/week
• Monthly Rate 180/month
100-Foot Temperature Probe:
• Daily Rate. .. 15/day
• Weekly Rate... 45/week
• Monthly Rate 135/month
Teflon Well Bailer 10/each
Vacuum Box/Carbon Canister and Blower 150/day
Tool Truck ..144/day
No. 12 P.E. Fusion Machine (1"-2"):
• Daily Rate ..S0/day
• Weekly Rate... .. 150/week
• Monthly Rate 450/month
No. 14 P.E. Fusion Machine (1"-4"):
• Daily Rate.... ..90/day
• Weekly Rate. 300/week
• Monthly Rate 900/month
No. 28 P.E. Fusion Machine (2"-8")
• Daily Rate ...175/day
Weekly Rate.. ...525/week
• Monthly Rate 1,575/month
412 P.E. Fusion Machine (4"-12"):
• Daily Rate .300/day
Weekly Rate. 900/week
- Monthly Rate 2,700/month

Page 18 of 25 ends

Rate ($)
618 P.E. Fusion Machine and Tool Truck:
• Daily Rate .. 400/day
• Weekly Rate.. 1,500/week
• Monthly Rate 4,000/month
Trackstar 500 Fusion Machine:
• Daily Rate ..425/day
• Weekly Rate 1,500/week
• Monthly Rate 4,050/month
Sidewinder P.E. Fusion Machine. 100/day
Friatec Electrofusion Machine:

Daily Rate... 100/day
• Weekly Rate. 300/week
• Monthly Rate 900/month
Leister Extrusion Welding Gun .. 120/day
Air Compressor 60/day
Arc Welder. ...75/day
Generator (3,500-Watt). 45/day
Generator (5,000-Watt). ...6Olday
Generator (6,000-Watt):
• Daily Rate ...65/day
Generator (8,000 Watt):
: Neily Rate .. 75/day
Weekly Rate. 225/week
Isolation Pinch-off Tools:
• Daily Rate ... ...25/day
• Weekly Rate.. ... 75/week
• Monthly Rate 225/month
Plate Compactor... 75/day
Rammer/Jumping Jack Compactor......... 75/day

Page 19 of 25 ends

Rate ($)
4-Wheeler (ATV):
• Daily Rate... . 50/day
• Weekly Rate... 150/week
• Monthly Rate 450/month
4-Wheeler with 44" Mow Deck:
• Daily Rate.. 100/day
• Weekly Rate. ... 300/week
• Monthly Rate ... 900/month
Riding Mower:
• Daily Rate ... .. 175/day
• Weekly Rate. 525/week
• Monthly Rate 1,575/month
Chain Saw:
• Daily Rate ... 10/day
• Weekly Rate.. .. 30/week
• Monthly Rate 90/month
Horiba Water Quality Meter:
• Daily Rate.. 40/day
• Weekly Rate. ... 120/week
• Monthly Rate 360/month
Hydrogen Sulfide Meter:
• Daily Rate.. .. 100/day
• Weekly Rate.... 300/week
• Monthly Rate .... 900month
Infrared Thermometer:

Daily Rate ..10/day
• Weekly Rate 30/week
• Monthly Rate ... 90/month
Micropurge Flow Cell (Groundwater):
• Daily Rate.. ..100/day
• Weekly Rate.. .. 300/week
• Monthly Rate 900/month

Page 20 of 25 ends

Rate ($)
Oiless Compressor and Control Box (Groundwater):
• Daily Rate ... ...75/day
• Weekly Rate.. ...225/week
• Monthly Rate 675/month
Earth/Resistance Tester:
• Daily Rate ...100/day
• Weekly Rate... 300/week
• Monthly Rate ..900/month
Pitot Tube and Gauges:
• Daily Rate ... 10/day
• Weekly Rate.. ...30/week
• Monthly Rate ..90/month
Pressure Washer:
• Daily Rate .. ...50/day
• Weekly Rate.. ... 150/week
• Monthly Rate ..300month
Turbidity Meter/Conductivity Meter:
• Daily Rate ... ..25/day
• Weekly Rate. ... 75/week
• Monthly Rate ..225/month
Vacuum Air Pump:
• Daily Rate ... ... 100/day
• Weekly Rate ....300/week
• MonthlyRate. 900/month
• Downhole Video CameraSystem 200/day
Weed Trimmer:
• Daily Rate ...25/day
• Weekly Rate.... 75/week
• Monthly Rate 225/month
Safety Equipment:
• Tyvek Suit (each). 15/each
• Polyethylene suit (each)..... ... 20/each

Page 21 of 25 ends

Rate ($)
Nitrile gloves (per pair) 15/each
PVC Gloves (per pair) 15/each
Rubber booties (per pair) 15/each
Organic Vapor Cartridges (per pair)... ..20/each
Organic Vapor/Acid Cartridges (per pair). 25/each
Cartridges pre-filters (per pair).. 15/each
Half face respirator (each) .... 20/day
Full face respirator (each).... .25/day
Ventilator/manhole blowers ..25/day
Parachute harness. 10/day
Tripod:
• Daily Rate .. ..35/day
Weekly Rate.. .. 105/week
• Monthly Rate 315/month
SCBA .55/day
City shall reimburse Consultant its actual costs for all equipment rentals, upon submittal of evidence of said costs along with the monthly invoice, as set forth in the Agreement. Equipment rental rates shall remain consistent for the term of the agreement.

Page 22 of 25 ends

EXHIBIT C

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.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this renton date, citinuity date, or ter active date must bie before the earine tea 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).

Gurugation and sement in favor of the nay, is fier of agents, employes and volunteers.

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

Page 23 of 25 ends

arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary, and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

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.

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

Requirements not limiting. Requirements of specific coverage features or limits contained n this Section are not intended as a limitation on coverage, limits or other requirements, or vaiver of any coverage normally provided by any insurance. Specific reference to a giver 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.

Page 24 of 25 ends

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

Page 25 of 25 ends

CITY COUNCIL
ITEM NO. 6.7

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
DATE: November 14, 2024
SUBJECT: Consideration of a Reimbursement Agreement with Rowland Water District for water line relocation services on the Fullerton Road Reconstruction project, in the amount of $548,327.00 (MP 17-05#2)

BACKGROUND
The City of Industry has an upcoming project to reconstruct Fullerton Road with PCC Pavement at Arenth Avenue which includes excavating 26" deep and installing 10.5 inches of concrete pavement over 15.5 inches of class 2 aggregate base.

The depth of excavation and proximity to Rowland Water District's ("District") 12-inch asbestos concrete water main poses a significant risk of blowouts for the existing mainline. The most cost- effective solution to prevent mainline blowouts is to abandon the District's water line and construct a new water line on the south side of Arenth Avenue and reconnect all existing laterals and fire services.

DISCUSSION
The District performed the work for the relocation project and the project was completed on June 21, 2024. The Notice of Completion was filed on July 15, 2024. The City decided to reconstruct the intersection with PCC Pavement which changed the pavement section to be thicker than the original and was the cause of the waterline relocation. The City agreed with the District to reimburse the District for their work. The cost for the Relocation Project is $548,327.00.

FISCAL IMPACT
The fiscal impact to the City is $548,327.00. The fiscal budget 2024-2025 approved $1,000,000.00 for this project (Account No. 120-702-5200)(MP 17-05#2) no appropriations are required.

RECOMMENDATION
It is recommended that the City Council approve the Reimbursement Agreement with Rowland Water District.

Attachments
A. Reimbursement Agreement, dated November 14, 2024

AIIACHIVENI A

REIMBURSEMENT AGREEMENT

FOR RELOCATION OF WATER LINE FOR FULLERTON ROAD RECONSTRUCTION with PCC PAVEMENT AT ARENTH AVENUE
This Reimbursement Agreement ("Agreement") is made and entered into this14TH day of November_, 2024 ("Effective Date") by and between the City of Industry, a California municipal corporation ("City"), and the Rowland Water District, a California public water agency ("District"), Industry and the District are hereinafter collectively referred to as "Parties", and individually as "Party".

RECITALS
WHEREAS, on or about September 13, 2021, the City notified the District of a plan to reconstruct the pavement of Fullerton Road from Rowland Street to Valley Boulevard, including portions on Arenth Avenue ("Project ); and
WHEREAS, this Project would entail removing the asphalt paving, excavating 26" deep, and installing 15.5 inches of class 2 aggregate base and 10.5 inches of concrete pavement; and
WHEREAS, the depth of excavation and close proximity to the District's 12 inch asbestos concrete water main poses a significant risk of blowouts for the existing main; and WHEREAS, the most cost effective solution to prevent mainline blowouts was for the District to abandon the District's water line and construct a new waterline on the south side of Arenth Ave, and reconnect all existing laterals and fire services ("Relocation Project"); and WHEREAS, the District has completed the Relocation Project for the benefit of the City and consequently, the City desires to reimburse the District for the costs of the Relocation Project, in the amount of $548,327.00; and
WHEREAS, the City desires to solely reimburse District for the Relocation Project, and is not responsible or liable for the construction, any defects thereto, and/or any future maintenance of the water line.

NOW, THEREFORE, for and in consideration of the mutual covenants, promises and conditions herein contained, the Parties hereby agree as follows:

TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. DISTRICT'S REPRESENTATIONS
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The District represents and warrants the following:
a. That it has completed the Relocation Project in accordance with all applicable laws, rules and regulations, and in a workmanlike manner. b. That the Relocation Project was completed on June 21, 2024, and a Notice of Completion was filed on July 15th, 2024.
c. That all contractors for the Relocation Project have been paid, and that there are no existing mechanic's liens or stop notices for the Relocation Project. a. That the City is not responsible or liable for the construction, any defects or liabilities related to the Relocation Project, and/or any future maintenance of the water line.

3. DISTRICT'S RESPONSIBILITIES
Within 60 days of the Effective Date of this Agreement, the District shall furnish an invoice and an accounting of the final actual cost of the Relocation Project to the City.

4. INDUSTRY'S RESPONSIBILITIES
The City shall make payment to the District for the full cost of the Relocation Project (less any disputed costs) within (30) days of receipt of the invoice set forth in Section 3. If the City disputes any of the costs submitted by the District, it shall give written notice to the District within thirty (30) days of receipt of an invoice of any disputed costs set forth on the invoice.

5. FULFILLMENT OF FINANCIAL OBLIGATIONS
The Parties hereby acknowledge and agree that upon the District's receipt and acceptance of payment from the City, City shall be deemed to have fully satisfied and completed any and all payment obligations for the Relocation Project. The City shall then be fully relieved of any further obligations related to the Relocation Project, including but not limited to, any future maintenance required for the waterline.

6. INDEMNIFICATION
The District shall indemnify, defend and hold harmless the 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), to the extent the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the construction of the Relocation Project, and/or the performance of this Agreement by the City or by any individual or agency for which City is legally liable, including but not limited to officers, agents, employees or subcontractors of the City. 2 of 5

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 (ili) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
To District: Rowland Water District
3021 Fullerton Road
Rowland Heights, CA 91748
Attn: General Manager
[email protected]
With a Copy To: Joseph Byrne
Best Best & Kriger
350 S. Grand Ave, 25'h Floor
Los Angeles, CA 90071
[email protected]

8. TERMINATION
In the event that District fails to provide the requisite invoice set forth in Section 3, the City may terminate this Agreement, upon providing 30 days written notice to District.

9. ASSIGNMENT
The rights and obligations of the Parties under this Agreement may not be assigned or transferred without the prior written consent of the other Party or Parties, which consent may be withhold in such party's reasonable discretion due to the unique, personal rights and obligations under this Agreement.

10. GOVERNING LAW/ATTORNEYS' FEES
The Parties understand and agree that the laws of the State of California shall govern 3 of 5
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 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. WAIVER
The waiver by either Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by either Party unless in writing.
4 of 5

15. 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.

16. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement represent and warrant that he/she has the authority to execute this Agreement on behalf of his/her respective party, and has the authority to bind his/her respective party 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" "DISTRICT"
City of Industry Rowland Water District
By:_ y: Zom Culem
Cory C. Moss, Mayor om Coleman, General Manage
Attest:

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

By:

James M. Casso, City Attorney on partner come
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CITY COUNCIL
ITEM NO. 6.8

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: November 14, 2024
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY- 1528, Annual Pavement Rehabilitation FY 23, for an estimated I cost of $7,501,000.00

BACKGROUND
Each year, the City's Annual Pavement Rehabilitation project focuses on streets that display low to medium severity alligator or block cracking and weathering and raveling. The last rehabilitation project was completed in 2023, and the following streets were completed: Long Lane, Parriott Place East, Don Julian Road, Wallace Avenue, Phillips Drive, and Epperson Drive. This year's project includes 12 streets, however, it involves reconstruction of two smaller streets as well.

DISCUSSION
The pavement rehabilitation scope of work involves cold milling existing AC pavement, constructing AC pavement overlay, installation of asphalt rubber aggregate membrane on Gale Avenue, repair of broken curbs, gutters, driveways and sidewalks, upgrading curb ramps to current ADA standards, adjustment of existing utilities to finish grade, and installing pavement markers, markings and striping and repainting red curb throughout. The pavement rehabilitation program includes the following streets: Stafford Street, Hudson Avenue, Hacienda Boulevard, Gale Avenue, Castleton Street, Albatross Road, Newquist Place, Canal Place, Louden Lane, and Temple Avenue. The streets being reconstructed include Bonelli Street and Coiner Court. The total estimated construction costs for the rehabilitation and construction is just under $8 million.

FISCAL IMPACT
The estimated cost for this project is $7,501,000.00 (MP 22-04).

RECOMMENDATION
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.

Attachments
A. Notice Inviting Bids
B. Engineers Estimate
C. Section A Pages A-1 through A-8
D. Reduced Set of Project Plans

ATTACHMENT A

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 528
ANNUAL PAVEMENT REHABILITATION FY 23
CONTRACT NO. CITY-1528
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 17, 2024, via the City of Industry's PlanetBids™M vendor portal. Bids are submitted through
https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.

Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

Contract No. CITY-1528 - Specifications
The Scope of Work is as follows: Resurfacing of various streets throughout the City.

Reconstruction of Bonelli St. and Coiner Ct. Work consists mainly of cold milling existing AC pavement, constructing AC pavement overlay, installation of asphalt rubber aggregate membrane on Gale Avenue, repair of broken curbs, gutters, driveways and sidewalks; upgrading curb ramps to current ADA standards, adjustment of existing utilities to finish grade, and installing pavement markers, markings and striping and repainting red curb throughout.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on Friday, December 6, 2024 at 5:00 P.M.

Contract No. CITY-1528 - Specifications

CITY OF INDUSTRY
PROJECT NO. 528
ANNUAL PAVEMENT REHABILITATION FY 23
CONTRACT NO. CITY-1528
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.

The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.

By the order of the CITY OF INDUSTRY dated November 14, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1528 - Specifications

ATTACHMENT B
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 528
ANNUAL PAVEMENT REHABILITATION FY 23
CONTRACT NO. CITY-1528

ENGINEER'S ESTIMATE
$7,501,000.00
Contract No. CITY-1528 - Specifications

ATTACHMENT C

SECTION A

CITY OF INDUSTRY
PROJECT NO. 528
ANNUAL PAVEMENT REHABILITATION FY 23
CONTRACT NO. CITY-1528
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, December 17, 2024, via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

The Scope of Work is as follows: Resurfacing of various streets throughout the City.

Reconstruction of Bonelli St. and Coiner Ct. Work consists mainly of cold milling existing AC pavement, constructing AC pavement overlay, installation of asphalt rubber aggregate membrane on Gale Avenue, repair of broken curbs, gutters, driveways and sidewalks; upgrading curb ramps to current ADA standards, adjustment of existing utilities to finish Contract No. CITY-1528 - Specifications A-1
grade, and installing pavement markers, markings and striping and repainting red curb throughout.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on Friday, December 6, 2024 at 5:00 P.M.

If the bid guarantee is a Cashier's Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier's Check shall be sealed in an envelope, endorsed as follows: CITY-1528 - ANNUAL PAVEMENT REHABILITATION FY 23, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBids™, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the CITY and will be given a deadline to submit.

CONTRACTOR

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds Contract No. CITY-1528 - Specifications A-2
available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the CITY.

Contractor shall provide the following types and amounts of insurance:

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Contract No. CITY-1528 - Specifications A-3
Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

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

Other provisions or requirements:

Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Contract No. CITY-1528 - Specifications A-4
insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

Contract No. CITY-1528 - Specifications A-5
Additional Insured Status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.

Contract No. CITY-1528 - Specifications A-6

PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 " Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
(i) Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(ill) Section 1777.5, Apprenticeship Requirements.
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(vi) Section 1775, Payroll Records.
(vii) Section 1773.8, Travel and Subsistence Pay.

CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

Contract No. CITY-1528 - Specifications A-7

By the order of the CITY OF INDUSTRY dated November 14, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1528 - Specifications A-8

ATTACHMENT D

GENERAL NOTES

CITY OF INDUSTRY
IMPROVEMENT PROJECT NO. 528 CONSTRUCTION NOTES
2 SAMOUT AND REMOVE STAG OREKAY, NCLONG BAST
* AVAN A GE LE EATEN SHARE BRE BE MAD 24 HOURS B ANNUAL STREET REHABILITATION FY 23 -SAMOUT AND REMOVE PEDESTRIAN RAUP, INOUONG BASE

SANDUT AND REMOVE CURE AND CUTTER, INCLUDING BASE
CONTRACT NO. CITY-1528

SANGUT AND REMOVE EXISTING AC PAVEVENT, INCLUDING BASE
-REMOVE MINUUK 30% CURB PANT PER PROLECT SPECIFICATIONS.

TRAINE RUGS FALLSE TO COURT ME TRE REGIMENEN E
-RUE LOCALESS
-CONSTRUCT 4 POC SEVALY PER OTY OF INDUSTRY STR PLAN NO 115 1-CONSTRUCT ORIENAY PER CETAL B, SHEET 2

JULIAN F CONSTER GUER SO TO MOE AS UNLESS OTHERNESE NOTED, - CAN THAT ME NEST GIES LEASTRY STO
• ALONE AGREE BASE FOR USERE WERE OP ME OF 1)-CONSTRUCT STREET PAVE-CUT PER CITY OF INDUSTRY STD PLAN NO. 111.

COLD ALL A PAVENTS-
LEY BCVO ON OP A 12 LE TO UP OF CUTER OF OUTER, TAPERNE 1 NOT CORT SANTANEN DESIST OF LOS ANOLES COUMA SONERA
60 FWY- GALE. ® COME CAN 2-3 FACE CONSE (C2-PD 6t-10) C 3/6. -AVE

ICK ASPHALT RUBB

CALE AVE
1 PROTECANO HE RESPECTE ON CO ANIL ME US 0201 CASTLETON ET 60_FWY I STANDARD NO. PSETE PANSUNT TRANSTEN PAND, PER CALTRANS -ADUST SENER WASHOLE FRAME AND OUTER TO PNISH GRADE
PRINTER CALFORNIA INC (951) 201-8765
@DUST STOR DRAN MANHOLE FRANE AND COVER TO FINISH CHASE.

SO ERIN PAR GAS COMPANY (213) 231-0684 ® -ADJUST NATER VALVE COVER TO FINISH GRADE. (628) 665-5227 RUIN NO. SICAL DEPRESSIN, CASE 2, PER OTY OF NDUSTRY STD.

VICINITY MAP RESTORE TRAFAE LOOPS.
(909) 201-7333 NOT TO SCALE B3-RESTORE CRICKAY LOCP.

SA OSCAR VALLEY WATER COMPANY
(626) 474-4043 @PANT CURB YELON

SYMBOLS AND LEGEND SPECIAL NOTATIONS
-PANT CURB INITE.
• PALL ZANPIELL (626) 890-0847 - NEW CURS A CUTTER REMOVE PUENTE VALLEY COUNTY WATER DISTRIC — i— DIST. EDISON UNE EXST. CURB A CUTTER 1 CONSTRUCT
(626) 543-2548 - EXIST. SHOT UGHT CLECT UNE X REMOVE AND CONSTRUCT EXIST. STOR DRAIN MAN-CLE • EAST. TRAFFIC SONAL ELECT. UNE

BURBAN WATER SYSTEM
DOST. MATEP VALVE E PROTECT IN PLACE
EXST. RECLAMED WATER VALVE - EXIST. TRAFFIC LOOP ELECT. UNE LEGEND:

ABDUL EDOUM (310) 612-1097 ENST. TEL LINE
EXST. TELEPHONE VANHALE * PIENA CAS VALVE CONER TO BE ANUSTED TO GRACE OY DIST. GAS LIN VAAA
OST. TELEPHONE VAULT A DESTING CONU LINE OCHER TO BE ADIUSTED TO CRACE COLO NIL AC PAVEMENT BOST. MATER LINE
DOST. ELECTRICAL MANACLE MY DESTING MONITOENG MELL TO BE AUSTED TO GRADE ENST. STORK DRAN LNE
PACUTES ARE SION ON THESE PLAN DEST, GECTRICA, VAULT * DESTING SOE UASHOLE TO BE ADJISTED TO GRACE AC/PCC REMOVAL JUST. SEVER WASHCLE ENST. CHAN UNK FENCE
DIST. SON
NOTICE TO CONTRACTOR EST, POWER POLE SO. FRE MARANT
DUST. CATCH BASN DOST. TREE

OR ONESTENE OF AN TINDERGRAND UNLIT PE DESTRUCTURE MINE EL CITY OF INDUSTRY EUST. STREET LOHT

APRONTO BA

NOV AC PAVDAONT DRAFT PLAN

THAT CAVIO FEES TO CARES WITY ON CRET ME
Presaved by. ANNUAL STREET REHABILITATION FY 23
811. CITY OF INDUSTRY

ITLE SHEET, VICINITY MAP, GENERAL NOTE
6 cone ONSTRUCTION NOTES, LEGEND, ABBREVIATIC
Know what's below AND NOTICE TO CONTRACTOR
Call before you dig

INDEX OF DRAWINGS
SHEET NO. DESCRIPTION

TOE OF TRANS NAFE TO A HATTR CAND EGION MOTES

TYP SC ASO BEANS
-CUTTER

STREET IMPROVEMENT PLAN
STAFFOOD STREET - STA 10+24.94 TO STA 15+5000 TC BLEY. BACH CE- P T LY
STAFFDRD STREET - STA 15+50.00 TO STA 27+50.00
STAFFOD STREST - STA 27+50.00 TO STA 18+65.87
HACINDA BOULEVARD - STA J12+25.73 TO STA 404+72.94
CALE AVENUE - STA 11+13.07 TO STA 15+50.00
GALE AVENUE - STA 15+50.00 TO STA 27+50.00
GALE AVENUS - STA 27+50.00 TO STA 38+25.00
GALE AVENUE - STA 36+25.00 TO STA 50+50.00
GALE AVENUE - STA 50+50.00 TO STA 62450.00
CALE AVENUR - STA 62+50.00 TO STA 74450.00
GALE AVENUE - STA 74+50.00 TO STA 91+00.50
CASTLETON STREET - STA 10+30.03 TO STA 20+50.00
CASTLETON STREET - STA 20+50.00 TO STA 31+50.00
CASTLETON STREET - STA 31+50.00 TO STA 14402,49
-A
APATRDSS NOAD • SIA CO440.0D IO SIA 10453.00
ALCATROSS ROLO - STA 10+50.00 TO STA 18+35.42 TYPICAL DRIVEWAY SECTION WOL PAC - SA TotOD TO dND Gr CU-NCS

HUL DAPC - SA IOANO TO SNO CE CR-PELO
LOUDEN LANE - STA OACO.DO TO STA 6450.00
BONELLI STREET - STA 00+0.00 TO STA 5+50.00
SONELLI STREET - STA S+50.00 TO STA 11+50.00
BONELU STREET - STA 17+50.00 TO END OF CUL-OE-SAC EX GRENAY COPTI YARES CE TO DE TEMPLE AVENUE - STA 49+48.30 TO STA 5J+75
TEMPLE AVENUE - STA 53+75 TO STA 55+50
28 TEMPLE AVENUE - STA 65+50 TO STA 75+86.60
29 CURB PAUP DETAL - SHECT 1 OF 2
CURS SAUP DETAR - SHEET 2 O5 2 50 25 -13

STRIPING PLAN
CrETAON CrOSET
32 HUDSON AVENUE AND INCENDA SCULEVARD

CALE AVENUE
GALE AVENUE SECTION 'A-A' - TYPICAL SECTION AT Ç DRIVEWAY

CASTLETON STREET
36 ALBATROSS RasD
37 WOLIST PLICE, LOUDEN LANE, BONELLI STRE

IER CAURT AND SANAL PIA

STUPIE JOMIR

CITY OF INDUSTRY

NAREN DE

DRAFT PLAN

RACITE CAVLO, IE BE TIAS CONTAGT LEVIY OIY CNENEY DATE
REV39 ANNUAL STREET REHABILITATION FY 23

ACNC E TYPIGAL SECTION AND DETAIL
MP 22-04 SHEET 2 OF 38

HICE SOTES BAIE
EXST R/₩ -

EST CURE O
UNRUH AVE.

FF-
MATCH LINE STA. 15+50 SEE SHEET 4 OF 38

STAFFORD STREET
===
A CROSS GUTTER. TA 1012110 OC
TA 15+5

EAST CURB & P
- EXST R/%

CONSTRUCTION NOTES
1 SANCT AND REMOTE EXSTNG SEENAK INOLONG BASE.

E-SANUT AND REME DISTAG DRIVENAT, NOLUCA BASE.

R/A R/W R/W R/W EAT AND RENE PEDESTRA RAMP, NOLONIC BASE VAR 82-140 —SANCUT AND REMOVE CURE AND GUTTER, INCLUDING BUSE. 24 24 VAR 7'-14 RENE MINO BOE CURB PANT FER PROJECT SPEONCATONS.

VAR 8'-26' VAR 3D'-45' VAR 31'-42 VAR 20'-26' MOONSTRUCT & POSSDEWALK PER CTY OF INDUSTRY STD. PLAN NO. 115. - * UP
** UP - *° UP *° UP - MONSTRUCT DRIVENKY PER DETAL B, SHET 2 - 21 -00
-CONCE ELSE SO TE MAZ LNUES OTHERE NOTED.

CONSTRUCT STREET PANE-OUT PER CITY OF INDUSTRY STD PLAN NO. I11. -OLD VILL AC PALEWENT 2-1/Z.
• PARENT * COUSING OURSE 102-PS 61-05 CURSE (C2-P0 67-10) CM 3/4- -ADRUST SEWER MASHOLE FRAWE AND COVER TO FINISH GRADE
2—AUST STORU DRAN MANHOLE FRAVE AND COVER TO FINISH GRADE TA 10+24.94 TO STA 28+91.6

LIST MATED VIE MER TO SUCH TRAN
INRUH AVENUE TO HUDSON STREE STA 13+66.58 TO STA 18+65.8:

TYPICAL SECTION HUDSON STREET TO HACIENDA BOULEVARD

NOT TO SCALE

TYPICAL SECTION
20103 SOME 1 - 20

CITY OF INDUSTRY

DRAFT PLAN

SHTET BOUT ON EVENTE
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M._ N-194 ELEV. 322.036 IL. P15293910 STAFFORD STREET BRASS CAR ON N. CO. HUDSON ST. $45 Prime Too more STA 10+24.94 TO STA 15+50.01 S. & NELSON AVE. #2' S OF B.CR.

DESIONED Br: SHEET 3 OF 38
- DOST R/N

EXST R/N -
STA 19+50 55 00 EAST CURE A
STA 21+50
--=

STAFFORD STREET
22564003 18+00
SEE SHEET 3 OF 38 MATCH LINE STA. 15+50 MATCH LINE STA. 21+50 SEE BELOW LEFT 15+50 70
-07- CAST CUR O

L PAST R M

DIST R/W

DUST R/W
DO CUeD A DAST CURE P

STAFFORD STREET
26×00
SEE ABOVE RIGHT MATCH LINE STA. 21+50 -210
- 14
STA 23+38.37 CnsT curaer E
CIST CURU ee SA 27+5I
L DIST R/6
DOST R/W .
"0 1=»"

CITY OF INDUSTRY

AFPRSATD DY

DRAFT PI
CHEVT & CHVIO, FE. DR 21145 OATE
ANNUAL STREET REHABILITATION FY 23
P2vSD neont lg

BENCHMARK
B.M._N-194 ELEV. 322.08G.EL. STAFFORD STREE
COICO ND AN M O MINERU CP LEE STA 15+50.00 TO STA 27+50.01 •PCNUNC INANDAN

SILE PATEN
ION AVE 13430,90
LE STA 27450 70 SE SHEET STA 14451 DOST R/N

EAST CURED
- EXST R/W

PERST CURS &
STAFFORD STREET 1S+00
STA.

MATCH LINE STA 274-50
CROSS CUTTER STA 10+32% 00 PAST HOUND
STA 14+50

BUSTER HUDSON AVENUE EAST CURRE
• DOST R/W
46 0 106° STAFFORD STREET :

STA 27+50 27+50 To EXST R/%
ANNEX
- DEST R/W

EXIST MEDIAN

EAST R/W
STA. 14+50 EXIST CURB CUTTER P
SA 1430100-
• PANDERING AND HACIENDA
SEE ABOVE RIGHT $00
"Do
• MATCH LINE BOULEVARD

STAFFORD STREET

DAST MEGUN P

PAST CURE C

EXIST CURE

SYST RAM-

DOST R/W CITY OF INDUSTRY

DRA-T PL AN
ANNUAL STREET REHABILITATION FY 23
порою вт

HENCHMARK

STAFFORD STREET
B.M. _N-194 ELEV. 322.095_EL. STA 27+50.00 TO STA 18+65.87 BRASS CAP ON W. CB. HUSSIN ST. $457
AND STA 10+00.00 TO STA 18+56.87
MP 22-04 SHEET 5 OF 38

OF INDUSTRY INDUSTRY NELSON AVE

DAST R/W
STA 10+00%5 0D DAST CU P

HUDSON AVE
SEE BELOW RIGHT MATCH LINE STA. 15+50
:=
D SA 10+00 TO
STA 15+50 EST REN

L EXIST R/N CASE
BLVD

HACIENDA

DESTING ALPATI -DOST RAM

CIT CURE A
2'00
STA 17497 100 STA 1SHSO 15+50 TO

END OF XIST CURE EF R/W R/W
HUDSON AVE STAFFORD AVE 15+50 VAR GO' TO 100'
VAR 20' TO 60' 20'
LEFT
STA • ** uP
%* UP
00 ABOVE
12550 DESTR/W TYPICAL SECTION
STA 17+39 TO OT TO SCAL
IND OF

CUL-DE-SAC
CONSTRUCTION NOTES -ADUST SEMER LANHELE FRANE AND COVER TO FRISH GRADE. *300 1 200° 2 SAWEUT AND REVOVE ESTING DRIVEWAY, INCLUDING BASE
-SAWEUT AND REVOVE PECESTRIAN RAMP, INCLUONG BASE.
-REVOIE VINNU BIE CURS PANT PER PROLECT SPECIFICATIONS. -RESTORE TRAME LOSPS. CITY OF INDUSTRY -CONSTRUCT 4" PCC SUCRALK PER CITY OF INCUSTRY SID. PLAN N2. 115. -PANT CURB RED. ®2-PANT CUES YELON: DRAFT PLAN
-PANT CURS WHITE.

ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. N-19A_ ELEV. 322.096 FL *_CONSTRUCT 1-3/4 AC SURFACE COURSE (C2-PO 54-10) ON 3A STA 10700.00 TS ENAYOF CUL-DE-SAC LEVING COURSE (02-PG 64-11
S. E NELSON AVE. #2 S. CF BCR.

MP 22-04
SHEET 6 OF 38

NELSON AVE OK- LA, PUENTE, INDUSTRY
- EXIST R/W
STA 312+26 70 00

DUST MEGUN
X-WAL
HACIENDA 306+58
BLVD
300-10 30 9 * STA.
83026 278 30812333 - 320-2626 c9 SEE SHEE BELON ENT
Fores
300-00.00 C 7

EAST FREE A
132220) ex STA 312+26 10 00
STA 406+25 SENST CURE C
ENT RANs

CONSTRUCTION NOTES
+ 102 STA 406+25 TO
SANCUT AND REMOVE BISTNO SENALK INCLUDING BASE.

STA 404173
SANCUT AND REMOVE EASTNO DRIVEWAY, NOLLONG BASE. VAR 5.5'-16' -SANCUT AND REMOVE PEDESTRIAN RAUP, INQUONIC BASE. VAR 8'-12' VAR 34-45 VAR 34-45 VAR 8'-12' • SANCUT AND REMSIE CURE AND GUTTER, INCLUDING BASE.
-RAINE ANAL BOT CURB PANT PER PROJECT SPECCATCHS. • * UP 55 LP HACIENDA BLID - RENONE LOCAL DEPRESSION. -00
ABOVE RIGHT LINE STA 306+58 12-ONSTRUCT DRNERAY PER DETAL B, SMEET 2 CANO. PERSO CAS PER GOT OF US TO ALTA TE

MOST I USE TO FEAR PLAZ UMESS OTHERWISE NOTED,
-ONSTRUCT STREET PAVE-OUT PER CITY OF INDUSTRY STD PLAN NO. I11. - MOST TRUSE
AVENEN _ CONSTRUCT 1-3/4 AC SURFACE COURSE (C2-PG 64-10) ON.

TYPICAL SECTION
* PUN NO LIC CRESSON, CASE 2, PER CITY OF MOUSTRY STO.
- RESTORE TRAITS LOOPS.
62) -RESTORE DRIVENAY LOOP.

EIST MEOWN -PANT CURB SED CITY OF INDUSTRY
62) —PAINT CURB YELLOW
TA 406+250 CD DRAFT PI

CONTACT UNIY ON CHAN
ANNUAL STREET REHABILITATION FY 23
Propped n

BENCHMARK COST R/ -
B.M._N-194 ELEV. 322.008. FI ACIENDA BOULEVAF
TA 312+26.73 TO STA 404+72.5
CESENED BY: TSHEET 7 OF 38
DOST R/W - - 10 00

DAST CUR K
E3 113 то
STA 15+50

GALE AVENUE
12+00
• SXST RN

A ENST CURA E
SSMANT
SAE "AEOE

DASTAG ROO PARATO
CET RUPP E.

AZUSA SA 1 7 OD] SEE SHEET 9 OF 38

SA SASE
AVENUE

K/W ENST CURE PN
VAR 57°-96
VAR 6'-8' VAR 31'-45 VAR 19'-481 VAR 3'-8

DEST R/N
L 12 L 12

CONSTRUCTION NOTES
- *° uP ** UP
-SAKCUT AND REWOVE DISTING SCEWALK INCLUSINS BASE.

E —SANCUT AND SENOVE EISTINS DRIEWAY, INCLUZING BASE.
4 SANCUY AND RENOVE CURB AND GUTTER, INCLUONG BASE. -
-CONSTRUCT 4 PCC SICENALK PER CITY OF INDUSTRY STD. PLAN NO 115.

B-CONSTUCT DRVENAY PER DETAL B. SHEET 2.

PPSTOMNG -
-FAR GTY GE NOUSTRY STD. FAR NO F.A2 UNESS OTHERNSE NOTED, 15)—CONSTRUCT STREET PAVE-CUT PER OTY OF INDUSTRY STD PLAN NO. 113

TYPICAL SECTION

NOT TO SCALE

LOTE TEA A T F ISM PC RENOT OG POC TRO SPRINGD
_CONSTRUCT 1-3/6*
- NOUUST SEMER UANHOLE FRAME AND COVER TO FINISH GRADE
42)ADUST STORU ORAN WANHOLE FRAME AND OOVER. TO FINISH CRADE. -AUS MATER VALVE CIMER TO SNDH CRADE CITY OF INDUSTRY
—RESTORE TRAMIE LOCPS AMMASED UN:

PANT CURB PED. DRAFT PLAN
-PANT CURD YELLON. ANUAL STREET REHABILTATION FY 23
Prepared ty

BENCHMARK
1-020 ELEV. 395.006 FL. ACNC TAE 1821.33.00 STA 11+8:07 TOVSNA 15+50.00 NEC AZISA AVE/CALE AVE APPROY 1'E
BOTICU OF RAUP 2 I BRASS OISC
STAUPED CIPS CONIRDTT SHEET 8 OF 38

EXIST RA
DIST R/# —
1 54 20 то DAST CURE E

GALE AVENUE
8+00
HOLINE STA 21+50 SEE BELOW LEFT
GASE C
STA 1SS000
DIST R/H TA 21+1 DIST CURE C

CASE C C

AUTO MALL

DRIVEWAY
- SYSTR STRAW
TA 21+50 00 0 0
STA 27+50

PAST CURE CAN
- 260° TO
STA 21+50

GALE AVENUE

DOST CURES E
BUST CUSe DIST R/M -

TYST RAM

CITY OF INDUSTRY

APRONTO EN

DRAFT PI
GRUNT A CARLO, FE 1E 3703 CARICT CENTY ORY CHARCE
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
T-020 ELEV 395,006 FT • салоно: ALE AVENI
NEC AZUSA AVE/GALE AVE APPROX FE ГА 15+50.00 TO STA 27+50.

STAMPED CI GPS CONTROL 1997
SHEET 9 OF 38
TA 27+50 TE DEST /W
TA 324:

PAST CURRE O
30+00
31+00

GALE AVENUE
SEE SHEET 9 OF 38 MATCH LINE STA 27+50 MATCH LINE STA 32+25 SEE BELOW LEFT 5A *5400
STA 1212

EAST CUTE EN

EAST R/W-
/ DOST RAW
AUTO MALL WEST 38+
·00- 40
38700
-6-61 345 STA 32+25 TO
STA 38+25
MATCH AND TA 2425 13+00
57400
34+00
35+00 36+Co-

GALE AVENUE
- EXIST R/W
- DOST R/W

CITY OF INDUSTRY

DRAFT PI N
BRINT: CAVIE 2 10 30101 BRING CIALIT BIT aNTE
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. ELEV. 395.006 ET ALE AVENI
NEC AZUSA AVE/CALE AVE APPRON 1°E. VOTING TIDIVATANG CONTENTION TA 27+50.00 TO STA 38+25! BOTTOM OF RAUP 2 I* BRASS 0SC
STAUPED &1 CPS CONTROL 1997 SHEET 10 OF 38
MATCH LNE ST- 44150 SEE BELOW LEFT

A COST CURE A
- DIST R/#
STA 50+50
47o0
HEET 120
SEE

CITY OF INDUSTRY
APANED an

DRAFT P
ANNUAL STREET REHABILITATION FY 23

GALE AVENUE
ITING TIVEVETIR STA 38+25.00 TO STA 50+50.00
SHEET 11 oF 38
- DUST R/N ·00
DIST R/W.

DAST CUR
LINE STA 56-50 BELOW LEFT
3S-0e 4 56+00
SEE SHEET 11 OF 38 MATCH LINE STA 50+50-
MA

DOST R/W

EAST EAST RAW

AUTO MALL
82400 B
SEE ABOVE RIGHT MATCH LINE STA 56+50
STA SE-SO T0°C0
STA 62+50

L DIST R/H EAST R/M -

CITY OF INDUSTRY

DRAFT PI
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.A.1-020 . ELEV. 395.006 EL GALE AVENUE
NEC AZUSA AVE/CALE ARE APPROX 1'E STA 50+50.00 TO STA 62+50.00 BOTTOM OF RAUP 2 * BRASS CISC
STAUPED CI GPS CONTACL 1937 ] SHEET 12 oF 38
400
DOST R/8 -
- DOST R/W SA 6200 C W00- PAST CREA

TEL MH P
68+50

STA I OW LEFT
SEE SHEET 12 OF 38 83+00

GALE AVENUE
65+CO 65+00
MA-

PAST CURRE P
62+50 TO STA DEST R/8
- DOST R/W
UM VENT P PUT VENT.

STA 60-50% %%O7- ROST CE
STA 74+50 - DOST RAN
POUTTE
STA 74+50
- не том 72+00
70400
69÷00
SEE ABOVE RIGHT MATCH LINE STA 68+50 73t8o.1k SEE SHEET 14 OF 38 4 37 7450 го

EAST CUT A
- - DIST R/N STONER CREEK RD DIT CARER P

DIST R/M -
205061-25

CITY OF INDUSTRY

DRAFT PLAN
arriatre
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
8M -178
STA 62750.00 TO SNA 74450.00
NEC AZUSA AVE /CALE AVE APPROX 1'E.

BOTICH OF RAUP 2 I* BRASS CISC
STAMPED OF CONTROL997 SHEET 13 oF 38
DOST R/W 5500 DIST R/W
CURB « STA 74450 TO O0
EAST SPA STA 80+50 DAST CURE PA

GALE AVENUE
75+00 -03+00-
SEE SHEET 13 OF 38 7:000- SEE MIDDLE LEFT
MATCH LINE STA 74+50. MATCH LINE STA 80+50
:

COST CURS A XIST CURB

DIST R/W

SIST RANI
• EAST R/₩ 74+50 TO
STA 80430% 00
DAST R/# -
EAST CUR P S498 VIS
SEE ABOVE RIGHT MATCH LINE STA 80+50 - 01+00.
@ GALE AVENUE B6+00
• 03+00
B5+00
84+00

EAST CURE E
DOST R/* -

L DUST R/N
X-WALK
STA 80+50 TO STA
86+75
L3A 36+75 70
ITA 91+0
STA 86+75

GALE AVENUE
90+00
* SOME 1-20"

CITY OF INDUSTRY
3A SENS 550000
STA 91+01
GRAEM CALLO, 10-NSE 1149 COATRACT HETY ORY EAGATER DATE PERSE ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M.- ELEV. 395.006 FL STA 74750.00 TO STA 91100.50

NEC AZUSA AVE/GALE AVE APPROX TE
STAUPED O GPS CONTROL 1897 SHEET 14 OF 38
- DOST R/# DUST R/N
REHABTUTATION -425 CONSTRUCTION NOTES
TA 10+30 TE
STA 14+5

REWVE MINUUN BET CURB PANT PER PROUCT SPCCNCATIONS
-COLD MLL AC PALEVENT 2-1/2.
-ADST SEMER MANHOLE FRAME AND OVER TO FINISH GRADE.

STA
-PANT CURB RED.

CASTLETON STREET AZ
ALBATROSS AD STA 10+30 TE

EXIST R/N -
- DIST R/#
STA 20+50

DIST R/N
GUTTER • CURa & A

CASTLETON STREET
STA 2045

COSTCO DRIVEWAY
VAR 60'-20

DOST R/N
- DEST R/W VAR 8'-16 VAR 27-32' VAR 27-32' VAR 8'-10"
* 1 - 20
* UP
* UP.
00 CITY OF INDUSTRY
moves in.

DRAFT PLAN

CHENIS CEVIE MA DO FINE
киза ANNUAL STREET REHABILITATION FY 23

BENCHMARK
RA PHOT ELEV. 428.311 CASTLETON STREE
TYPICAL • SECTION STA 10+30 TO STA 20+51
CUES CASTLETON ST., 66 EAST OF HANOVER NOT TO SCALE
AD. (I' WEST OF CATCH BASIN AND BOR). DESONED BY SHEET 15 oF 38

DUST B/W
CASE C
SEE SHEET 15 OF 38 STA. 20+50 STA 25+50

MATCH LINE MATCHLINE SEE BELOW LEFT

CASTLETON STREET

COSTCO DRIVEWAY
CASE C
4002001 HANOVER RD - EXST R/W
STA 25450 TO

DAST R/W
- EXIST R/

XIST CURE & /
STA. 25+50 STA 31+50
- 220° го/
25+50 To
STA 31+50
SEE ABOVE RIGHT MATCHLINE SEE SHEET 17 OF 38

MATCH LINE

CASTLETON STREET

DUST CURB & P

DEST R/A -

L DUST R/N
STA 25+50 TO
STA 31+50

CITY OF INDUSTRY

DRAFT PI
ПРИУТ К САНО НЕ 053 2310 TANAGE COZEN ON ENTRIE
ANNUAL STREET REHABILITATION FY 23
SNOWAR
B.M.__PH-12 ELEV._428.311 CASTLETON STREET
SET 1 - T BRASS CAP VON MENT, SOUTH STA 20+50 TO STA 31+50 CURE CASTLETCH ST, 66' EAST CF HANOVER
RD. (I' WEST OF CATCH BASN AND BCR). SHEET 16 oF 38
• EAST R/W EIST R/
LINE
CASTLETON STREET STA 37+50
SEE SHEET 16 OF 38 MATCH LINE STA. 31+50 SEE MIDDLE LEFT

MATCHLINE
10057 cuma *
: 31+50 TO
as c DAST RAN i
Din sore
WALNUT HALL RD DUST R/m

EAST R/W
- 597450 TO DIST CURB & /
STA 13+50

CASTLETON STREET
SEE ABOVE RIGHT MATCH LINE STA. 37+50
400-
===·=
55 RCP
XIST CURa 1
L DOST R/N * CUTTE 137450 TOD 22500-

STA STASO

BOST R/W

DIST R/N - LOSE C
DOST CURE STA 45H90 TO

CASTLETON STREET
• S
SEE MIDDLE RIGHT MATCH LINE STA. 43+50 CASTLETON ST
+C 146100
choi NORTHEAST - CASTLETON ST AND CITY OF INDUSTRY
22 STONER CREEK RD
SCALE 1 - 1C
• 45150-0-
CAME X CAVIO, H. 10 2700)
TA 45+00
CASE . DAT ANNUAL STREET REHABILITATION FY 23
a-A repare by

AST CURD K/ CREEK RD
STONER
DOST R/N _ ASTLETON STREE
SET 1 - T BRASS CAR MONMONT, SOUTH TA 31+50 TO STA 45+94.

CURE CASTLETON ST., 66" EAST CF HANOVER
RO. (1" WEST CE CATCH BASN AND BER) SHEET 17 oF 38

CONSTRUCTION NOTES
EXIST R/ DIST R/W -REMOVE MINAL BO% CURS PANT PER PROJECT SPECICATONS.

SAWCUT AND -COLD VLL AC PAVEMENT 2-1/2.

MATCH EVENT SAST CURE O
CONSTRUCT 1-3/4" AG SURFACE COURSE (C2-PG 64-10) ON
UNG OURSE (D2-PC 54-
—ADJUST SEVER WASHCLE FRANE AND COVER TO FINISH GRACE
12—ABUST STORA DRAIS HANHOLE FRAVE AND COVER TO FINISH GRACE 4+25 MUST NATE VALVE COVER TO RUSH GRACC
6—ANT CURE RED.
288+00 ROAD

LOS ANGELES COUNTY INDUSTRY

COLIMA ROAD
STA 4+25 PAST CURREN CA
= L DEST R/M DAST R/M .
--- - J-
EXST R/#

DOST R/W
R/W
STA 1125 TO 0-0- EAST CUTER O
STA 8+75
32 -* uF
*° UF
SEE ABOVE RIGHT MATCH LINE STA 4+25

ALBATROSS ROAD

TYPICAL SECTION
STA B+35
DAST CURE A CUTTER er
A BUST CURE & 3 ne 1-20
EAST R/# —

L DIST R/W ALMAHURST ST

CITY OF INDUSTRY

DRAFT PL
SHE CAVIA HARE 205 OSTAG HAIY GIT INSATIE
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
ELEV. 147.950 STA 0490005746775
N /COUNA RD. ET5 N./FIRST ENTRANCE TO
PUENTE HILLS MALL: AOU 10 ARE HYGRANT. ORATED BIT SHEET 18 oF 38 - DIST R/₩
37A 847000 EAST R/W -
STA 13490
75 13+90
PALATA
ALBATROSS ROAD 80-

SEE SHEET MATCH LINE
TAZ
75#
STA 13420

EXST R/W

EXIST RA
EXIST R/* -
STA 13+90%0 OD
STA 18+35.44

ALBATROSS ROAD
STA 13+90

SEE ABOVE RIGHT MATCH LINE
STA 19+35.14 CASE C TO

CASTLETON STREET

IR CASTLETON STRE
*Se i-20

CITY OF INDUSTRY

DRAFT AN
GINE E CAVIS CARE 370
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. PH-)__ ELEV. 147.950 ILBATROSS ROA
CHEIN CO NAGA PATROES DA 524 STA 8+75 TO ENI
2 /COLIUA RD., $75 N./FIRST ENTRANCE T
LENTE HAS MALL NOU TO FRE HIERAN SHEET 19 oF 38
EXIST ROW.

PAST CURE CO D32 10-33 TO ENG

OF CUL-DE-SAC

CONSTRUCTION NOTES
2-SANCUT AND RENOVE ERISTING DRIVENNY, INCLINS BASE
6 RENOVE MINMEN BOX CURB PANT PER PROJECT SPECIFICATON

PROCTOR AVENUE
12-CONSTRUCT CREWAY PER DETAL B, SHEET 2
BONSRUCT STEET PAVE-OUT PER CTY OF NDUSTRY STD FLAN NO. 111. cROSS -OLD VEL AC PAVONENT 2-1/2.

CUTTER MANST SEMER MANICLE FRANE AND COVDE TO FINSH GRACE. @ANT CURB PED.

NEWOUIST PLACE

DUST CURE PA
STA 15+50 O

SUST RAY
- DOST R/W SA 100°O0
Masce END Or CUL-DE-STO

POIST GURE A DEST CUTTER C

AMAR ROAD CANAL PLACE
SU 0100 DAST CURE C

A DIST CURE S END OF CUL-DE-SAC
- DOST R/N

DEST R/N-

R/N R/W
VAR 44-72
*50'- 89'
CONSTRUCTION NOTES VAR 18'-35 VAR 18'-32
*20 *VAR 20'-60
- *° uP * UP
-OOLD VILL AC PAVOVENT 2-1/2.
00 23t-
I CONTEN LEE I E CUE (2-0 6-10 04 315
-AUST SEWER HASHOLE FRAVE AND COVER 10 FINISH GRADE. CITY OF INDUSTRY

DRAFT PLAN
THAT TOO 05
томи скати за злот
Peered by: ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. PR-3 ELEV. _305.161 FI TYPICAL SECTION i. come IEWQUIST PLACE - STA 10+33 TO EN BRASS CAP IN N. CURB OF PROCTOR AVE. *5 NOT TO SCALE ANAL PLACE - STA 10+00 TO EN NOTE: * CANAL PLACE DIMENSION
IN FRONT OF TRIO NETAL STAMPING CO. +305 ]SHEET 20 oF 38 IF TURBULL CANTON ROAD.
- SYST RA

DAST R/M -

CASS C/

PAST CURRIE P

LOUDEN LANE
STA 4+50

SEE BELOW RIGHT BALDWIN PARK BLVD

MATCH LINE
STA 0+20 10 007
STA 4450

PAST CURRIER ON

DAST R/V DIST R/K -
STA 445 1700
cUL- CONSTRUCTION NOTES
DE-SAC
-ARONE ANU BOE CURE PANT PER PROLECT SPECICATONS.
-COLD VILL AS PANDENT 2-1/2:

LOUDEN LANE
-ADIUST SEVER MANHOLE FRAWE AND COVER TO FINISH GRACE.

VAR 22-45 VAR 22-15 DUST WATER VALVE OVER TO FINISH CRADE 6-
STA 4750 * UP
00 SEE ABOVE LEFT
" MATCHLINE DISTING AC PAVEMENT

DASTNO CRUSHED ACCREGATE

I SIA SO TO TYPICAL SECTION

ST CURE END OF
• DOST R/N
*SO 1=20

CITY OF INDUSTRY
DRAI
REMODE ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. - ELEV. 309.572 EL STA DO 20 TO STA 6750

BC VON FOR BALONN PAS
SEVa #22 S OF E ARCO OF LOUDEN
EX. TOC PROFILE NORTH
295- ---
- 295 CONSTRUCTION NOTES
SW EXT 5+07 CO (19500
E-SANUT AND REUCE EASTNG ORNESAY, INCLUDINO BASE.

SANGUT AND RENOVE CURE AND CUTTER, NOLUCAS BASE.
290— 25100) гс 7 - 290 —SANCUT AND REVOVE EXTING AC PALEVENT, NOLLONC BASE. 660.00 нC0.00
-REMORE VISIUM BIC CARS PANT PER PROJECT SPCONCATIONS.
13-CONSTRUCT CRVENAY PER CETAL, 8. SHEET 2.
1S 290 FOR CY OF NUSTRY STD. PUN NO. A2 UNLESS MERMAISE NOTED.

PROP C PROFILE -
3+10.30 ES: 222.12 4 238.12г
295- - 295
MATCH LINE STA 15+50 SEE SHEET 23 DA S COCAID (OR APROVED ECUAL) BEVERN SABRASE AND ACCRECA

20.222. SATAN NO PETE PAVEMONT TRANSTON PANEL PER CALTRANS 290- -290
-295- -295
290- —290
SCALE
IOR:
3+50 0+50

CASE C M
SEE SHEET 23 OF 38 MATCH LINE STA 5+50
1400
AVENUE
STA. 3+02.52 DWY., W=50'
- DEST R/N CISE CC 30 506 1 - 20

DOST R/N -

CITY OF INDUSTRY

DRAFT PI

AND LEVISE HE DIAT
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
ELEV. 292.238 FL BONELLI STREET
c comes
STA 1+09.10 TO STA 5+50.00
URB +CO0' S. OF CON ARIAN SHEET 22 OF 38
EX: TOC PROFILE NORTH -
209.18 0
290-
-285
295- PROP E PROFILE-:

MATCH LINE STA 15+50 SEE SHEET 24 MATCH LINE SHA 150 SEE SHEE 22-- 290-
BC 89
253.575
1•0118 101 23 08 31103 T •02.55

I TOO PROFILE SOUTH-
-285-
11+00 - 10+00° 9÷50 9+00 8+50 8+00 7+50 7+00 6+50 6+00
- DEST R/N
A UNUTY ULT STA 11+50
BONELLI l STREET
SEE SHEET 24 OF 38 MATCH LINE STA 11+50
4D-0460 420 DEST CURES E
- DOST R/W STA 5+50 TO

CITY OF INDUSTRY

DRAFT PI
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. . ELEV. 292.238 FL BONELLI STREET

8. C. WON. IN W. CURB OF SEVENTH AVE., STA 5+50.000 TO STA 11+50.00 #PRCO. OF S. NESTERN AUTO BLDE * 5 N. CF
SHEET 23 OF 38
EX. TOC PROFILE NORTH -
290-
-285- 126691) c

PROP E PROFILE-
MATCH LINE STA 17+50 SEE SHEET 25 MATCH LINE STA 11+50 SEE SHEET 231 200.24 15 1043273 2040-7
13-2091 1249241 20 22 г
-285
LEX. TOC PROFILE SOUTH

8...
17+00 15+50 15+00 14+50 14+00 13÷50 13+00 12450 12÷00
- DAST R/N
STA 11450 EAST R/N -
30-
OST CURE *

STA TASO
SEE SHEET 25 OF 38 MATCH LINE STA 17+50 SEE SHEET 23 OF 38

BONELLI STREET

MATCHINE
13+16.51 OW, x-40
450 soi DEST CURTER P
DAST R/M. * M0 1-20

CITY OF INDUSTRY

DRAFT PI AN
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
ELEV 292278 T BONELLI STREET
STA 11+50.00 TO STA 17+50.00
SHEET 24 OF 38
-290- EX. TOC PROFILE NORTH -290
18:17.00 /(2t8 tO TC
285
20+50 SEE SHEET 24
20÷30.00

PROP E PROFILE-
290— --A0: -290

23.5900
285-

MATCH LINE
290-
(283 22) то -EX. TOC PROFILE SOUTH 70018 17477.10
285- —285
SCALE 13231
HER F=20
22+50 22+00 21+50 21+00 20+50 19+50 19+00 18+50 18+00
STA 2163AM ISOR.
-48 12-0
ТА 17430 10 ФО DOST R/N

NO OF CUL-DE-S
BAST CURRe
R/W ST1750
BONELLI STREET 5 04
24 SEE SHEET 24 OF 38
• * UP * UP
- 321 MATCH E
STA 20+18.01 DWY., W-40"

POCATE BAS
- 18° ENONEERED FUL 400
cond totes
420 DeST R/W. SO 1-5

TYPICA TO SECTION

CITY OF INDUSTRY

DRAFT PLAN
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
B.M. 1-7 5292288 BONELLI STREE

0. C. HON. IN W. CURD OF SEVENTH AVE. TA 17+50,00 TO END OF CUL-DE-SAI EPROD. OF S. NESTERN AUTO ELDO 1 5 N. O
AT CONTRACT NO. GIT-528 SHEET 25 oF 38

CONSTRUCTION NOTES
-ACUCHE VAULU OSE CURD PANT PER PROCT SPECACAMONS.
- COLD MILL AC PAVEVENT 2-1/2:

CONSIN IS 2-94 COURSE (2-90 61-1) CN 3/8
- ADJUST SENER KANHOLE FRANE AND OOHER TO FINISH GRADE.

DIST R/M
JiLE 13-ADNIST STERN GRAN MANICLE FRAME AND OVER TO FRISH GRADE.

DAST CURE C —PANT CUSE REC
@-PANT CURS YELLOW.

STA 53+75

TEMPLE AVENUE

MATCH DESTMENT
EXPO
- DIST R/M CENTER
DRIVE

DEST CUTER
R/W

VAR XX-XX
VAR Ơ-T
VAR Ơ-7

VAR XOX-X
- * UP
* uP - * UP
80-
#-

EASTNG AC PAVEMENT
- DOSTING AC PAVEMENT

DESTING CASHED AREASE

DISTING CRUSHED AGREGATE
STA 49+48.30 TO STA 70+73.40
TYPICAL SECTION STA 70+73.40 TO STA 76+86.60

NOT TO SCHE TYPICAL SECTION

NOT TO SCALE
25081-20°

CITY OF LA PUENTE CITY OF INDUSTRY
AN

SHINE TO AN HAN
ANNUAL STREET REHABILITATION FY 23

BENCHMARK
BM. _IK-1 _ ELEV. 100176 FL TEMPLE AVE
BRASS CAP ON V. CB. RANLETT AVE. STA 49+48.30 TO STA 53+7:
+O0O FINE TEUPLE AVE +I STAN
ORNY. TO HOUSE 1515.

DAsT cueR

L OIST CUM &
STA 53+75 STA 59÷50
• TEMPLE AVENUE
SEE SHEET 26 OF 38 MATCH LINE SEE BELOW LEFT

MATCH LINE
53+75 70 DIST GURRER C
STA 58+50
EAST R/M .

PEGGY AVE

LANNY AVE DEST OUTRA E
1 OST CUMD *
STA 59÷50
:TEMPLE AVENUE

SEE ABOVE RIGHT

MATCH LINE
DIST CURD *
DIST CURE & 57 55450 T°
nUmER
3 DST BrE

CITY OF INDUSTRY

DRAFTP AN
ANNUAL STREET REHABILITATION FY 23

ANCHHARK
B.M. _LK-1 _ ELEV. 400,176.FL TEMPLE AVE
PRACG CIP ON U CR RAVETT AVE STA 53+75 TO STA 65+50
1230 FT. N. E TEUPLE AIE *1 FT. N.

DRNY. TO HOUSE 1S1S SHEET 27 OF 38
ALAA S O TACT NO. GP-1520

GREYCLIFF AVE

WORKMAN HIGH SCHOOL DEST R/N -

TEMPLE AVENUE
STA 65+50 STA 71+50
SEE SHEET 27 OF 38 SEE BELOW LEFT

MATCH LINE TEMPLE AVENUE

MATCH LINE
000°
STRAN

L DEST R/M
• BEST AN

DAST R/M -
STA 71+50

ABIBITING AG

SEE ABOVE RIGHT
74+00 75+00 78100

MATCH LINE

TEMPLE AVENUE

DEST CURE E EXPO CENTER DR

DOST R/N
STA 71+50 TO
STA 7570

CITY OF INDUSTRY

DRAFT P
ANNUAL STREET REHABILITATION FY 23
hernd to

TERESTED

BENCHMARK
B.M. IK-1 ELEV. 400.176.EL TEMPLE AVE
GRASS CAP ON M. OR RAMLETT AVE. STA 65+50 TO STA 75+86.60 1200 F7. M. € TEMPLE AVE *1 FT. N.

ANY TO MOSC MP 22-0 SHEET 28 oF 38
MISLA CANS HEG SELE A CHARD SP CONTRACT NO. CY-1-26

NELSON AVE NELSON AVE GALE AVE
; STAFFORD
HUDSON AVE - 1.2:

HACIENDA BLVD 142

HACIENDA BLVD

SE COME

AUTO MALL DRIVEWAY
SOUTHEAST - STAFFORD AVE AND HUDSON AVE \SOUTHEAST - HACIENDA BLVD AND NELSON AVE 3 SOUTHWEST - HACIENDA BLVD AND NELSON AVE SOUTHEAST - GALE AVE AND AUTO MALL DREWAY SCALE 1'a10' CNLE 1°10 30
1-0- CASTLETON ST CASTLETON ST
GALE AVE CASTLETON ST _ПЮ
-5. --=
-6-2=
CISE C3-5 52.00

STONER CREEK RD
CASE CT-5

AUTO MALL DRIVEWAY STONER CREEK
BOATS
5 SOUTHWEST - GALE AVE AND AUTO MALL, DRIVEWAY 6SOUTHWEST SOUTHWEST - CASTLETON STAND WALNUT HALL AD 7 SOUTHWEST - CASTLETON ST AND STONER CREEK AD 8 SOUTHWEAST - CASTLETON ST AND STONER CREEK FO 30 SCALE 1'-10 SCALE 110'

ALMAHURST ST CASTLETON ST
-ДА CONSTRUCTION NOTES
П-®-

SAKUT AND REVIVE DESTNG SOCHAX INCURING SUSE
CURVE No LENGTH RADES
00- 25.00 —SCUT AND REVOVE PEDESTRA RAUP, INCUONG BASE.

27.10 28.05 SANUT AND REWOVE CURB AND CUTTER, INCLUDING BASE 4572'35 24.20 3200 -CONSTRUCT A POC SOMALK POR ITY CF INDUSTRY STA, PLAN NO 115.

22.00°
613636 32.70 28.00
0 2 22,00 3.07
4r2 -CONTIN MUSE SID FUN NO 1,12 MESS ORENISE NOTED.
4597 42 27.00° 35.00
ALBATROSS RD 490/43 31.07
4414 35.05

ALBATROSS RD
(+50748* 23.407 35.00
32048 850 TORE -
4 Noll CITY OF INDUSTRY
9 SOUTHEAST - ALAL TROSS RO AND ALLAHURST ST T0 SOUTHEAST - ALBATROSS AD AND CASTLETON ST DRAF ArMST A CUNIO, I. 12. 2745
ANNUAL STREET REHABILITATION FY 23
REVECAE Prepared by

CUSHEEM DETAILS
90ND BY: SHEET 29 oF 38
KOE 59785 RAFTED E

BONELLI ST
42 TTH AVE
42 CANAL PL LOUDEN LN BALDWIN PARK PL

AMAR RD BONELLI ST
11 NORTHWEST - CANAL PL AND AMAR RD 12 NORTHE ARK BLVD
14 NORTHWEST - BONE LAST AND 7TH AVE

TEMPLE AVE
04 -Д0
•Д/2

COINER CT EXPO CENTER DR EXPO CENTER DR (WEST)
(WEST)
-70

GALE AVE
15 NORTHWEST - COINER CT AND GALE AVE 16 NORTH 17 SOUTHWEST - TEMPLE AVE AND EXPO CENTER DR 18 SOUTHEAST - TEMPLE AVE AND EXPO CENTER DR. 31/ SCALE 1°-10 SCALE 1-10'
I1!

CURB RETURN CURVE DATA
CASTLETON ST CASTLETON ST !!i CURVE No. T LEKCTH | RADUS clI 331010 23.30 35.00
657100° 16.50
^ 3212c* 520 |
HANOVER 374012 202
Y CIS 402038 0 sorr
| 524512
- 42 93712) 2.00 320Y
37%er 24.00 38.00
Tances 2405 | 35.07

HANOVER RD CASTLETON ST

CITY OF INDUSTRY

APON DY
19SOUTHWEST SOUTHWEST - CASTLETON STAND HANOVER RD 2) NORTHEAST - CAST ETON ST AND HANOVER AD SCALE 1-10 20 SOUTHEAST - CASTLETON ST AND HANOVER RD
DATE ANNUAL STREET REHABILITATION FY 23
CURB RAMP DETAIL:

SHEET 2 OF :

SHEET 30 oF 38
290' FRO
MIT LN

STAFFORD STREET

MATCH LINE SEE MIDDLE LEFT
-(p) -
188° FRO
MT LIN
so D HUDSON AVE

STAFFORD STREET
SEE ABOVE RIGHT MATCH LINE. MATCH LINE"-. BELOW LEFT
-(3) -
45 MR

HACIENDA
GENERAL NOTES: STRIPING NOTES: 1811-
%. ALEROPLASTIC BY HE CONTRACT MARINGS SHOHE SHAL BE INSTALLSO MITH

ALL TRAFFIC LINES AND PAVEMENT MARKINGS SHALL CONFORU TO CALTRA 50' 11-
I LOVEN SEAR MEAN STRE OR TO DE ONE AS A COAC SEE MIDDLE RIGHT MATCH LINE.

LE PEN (4)
41] 30°

STAFFORD STREET MPE N (R) B

CITY OF INDUSTRY
MA AN
ANNUAL STREET REHABILITATION FY 23

TRIPING PLA

TAFFORD STREE
SHEET 31 OF 38
50%
•' D
50' B

HUDSON AVE HUDSON AVE

HACIENDA BLVD
NELSON - 11 120"

HACIENDA BLVD
100° (!)-

HUDSON AVE
"Sons i-"

CITY OF INDUSTRY

DRAFTPLAN
ANNUAL STREET REHABILITATION FY 23
Yupond by.

HUDSON AVENUE AND HACIENDA BLVD
SHEET 32 OF 38
R TYPS N (2) - 11 250°
150° 11)

MEN NOT
AZUSA
AVENUE ÁUTO MALL DRIVEWAY
TYPE N (4) B

HE TFE N (L)

MPS N N E

GALE AVENUE

SEE ABOVE RIGHT MATCH LINE MATCH LINE SEE BELOW LEFT
- Б ПРЕ N (4) 15 MOC SAD
- 111] 150° - G TYPE N (L)
100° 11—

SEE MIDDLE RIGHT MATCH LINE
4l1500
• ME N (4

CITY OF INDUSTRY
DRAPI
sita Four an att MAT
ANNUAL STREET REHABILITATION FY 23
CANCE 2 1 826333.030 STRIPING PLAN

FIND TORTISME GALE AVENUE
DES CNED BY AN AS LORRACT NO. GITE-526 SHEET 33 cF 38

DRAFTED BE
1111125*
11001
-=0220 WATCH LINE SEE MIDDLE LEFT
40] 150°

TYPE N (L) G

GALE AVENUE MATCH LINE

MPE N (R) D

GALE AVENUE VLET
ROAD
ABOVE
1 20 7. "
GALE AVENUE *

CITY OF INDUSTRY
RA AN

COMET THIS GIE INSTE
ANNUAL STREET REHABILITATION FY 23
-11 150°

STRIPING PLAN

GALE AVENUE
SHEET 34 OF 38
RC, 59785
- 11] 150
- [I 210*

TPE N (E

SEE ON LET
1 210°
-[B] ПРЕ И
і MPE NOU E

SEE ABOVE RIGHT MATCH LINE WALNUT HALL AD
-IMPE N (L)
- 8 TYPE N (L)
rEl
100 #
-11 100°

CASTLETON STREET
100 11)
- TRE N ()

HANOVER RD
-11 1002

SEE MIDDLE RIGHT MATCH LINE STONER CREEK RD
CASTLETON STREET 100 11-
so'
" 201-10

CITY OF INDUSTRY
тасо от.

DRAFT UN

CANTEEN CIESENIL
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CITY COUNCIL
ITEM NO. 6.9
Backup Material will be provided prior to Meeting

CITY COUNCIL MEETING
NOVEMBER 14, 2024
ITEM NO. 6.9

HANDOUT

CITY OF INDUSTRY
TELES

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Julie Gutierre Robles
DATE: November 14, 2024
SUBJECT: Consideration of a Joint Exercise of Powers Agreement for First Public Hydrogen Authority with the City of Lancaster, California

BACKGROUND
Pursuant to Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties. Such joint powers authorities (JPAs) may undertake various activities to support the needs of the constituents of their various members, including the purchase and sale of renewable energy.

Under the leadership of our council and staff, the City of Industry has sought to become a leader in the renewable energy space. The City's recent efforts have focused primarily on the emerging hydrogen energy sector though we entered this space with the creation of the Industry Public Utilities (IPU) in 2002 when they created the electric utility. Hydrogen is widely recognized for its tremendous potential to become the energy source of the future, generating near-zero greenhouse gas emissions.

Lancaster implemented the first-ever municipal community choice aggregator (CCA) in the State of California: Lancaster Choice Energy. Mirroring IPU, this facilitated the adoption of renewable energy at the local level, as well as local control over the power mix and electricity rates. Shortly thereafter, the City of Lancaster formed the California Choice Energy Authority to expand these benefits to fellow California cities.

Lancaster's renewable energy experience extends far beyond CCAs. In 2019, Lancaster became the first net-zero city in the world, producing more renewable energy within its boundaries than the City consumes. In April of 2020, the Antelope Valley Transit Authority - under the leadership of Lancaster along with partners Palmdale and Los Angeles County - became the first all-electric bus fleet in the nation.

The City of Lancaster has quickly emerged as a leader in hydrogen energy. In 2022, Lancaster was selected alongside Namie Town, Japan in a global competition as the first cohort of H2 Twin Cities awardees by the United States Department of Energy and Japan's Clean Energy Ministerial. Together with the County of Hawaii, Hawaii, these cities have formed the Pacific Hydrogen Alliance to develop and deploy hydrogen energy solutions at the municipal level. In addition, Lancaster has established a series of public-private partnerships for the development of pilot and utility-scale hydrogen projects.

DISCUSSION
The City of Industry and the City of Lancaster have the opportunity to partner to take the next step in the evolution of municipal hydrogen energy. Together, with the Council's approval, the cities will form the First Public Hydrogen Authority ("FPH2"). As its name indicates, FPH2 would be the first of its kind in the United States. Through this JPA, the participating cities will make history in the adoption and deployment of renewable energy.

To achieve this goal, the cities would enter into the proposed Joint Exercise of Powers Agreement for the First Public Hydrogen Authority. FPH2 aims to bridge the gap between renewable hydrogen producers and users. By aggregating supply and demand, FPH2 will create a transparent process to streamline transactions and accelerate the growth of the renewable hydrogen economy and focus on green projects.

FPH2 will focus on 100% green projects. This approach will not only build trust, but also ensure better air quality, high-paying jobs - often without degree requirements - and economic growth through next-generation technological innovation for the communities it serves.

Industry and Lancaster are ideal partners in this endeavor. FPH2 will connect renewable energy producers with end users, facilitating the deployment of what is perhaps the cleanest energy source available today. Lancaster, stretching 92 square miles in northern Los Angeles County, will be home to a variety of utility-scale hydrogen production facilities. Industry, long known as one of the foremost economic hubs in California, is ideally positioned to serve as the transit and logistics center for the hydrogen produced in Lancaster. With easy access to the Union Pacific and Southern Pacific transcontinental railroads, the West Coast's largest seaports, five airports, four major freeways, and served by more than 50 major trucking lines, Industry's role will be pivotal in the delivery and adoption of hydrogen energy.

Functionally speaking, the board will be comprised of seven (7) members. Five will be appointed by Lancaster and one by Industry. The six members will appoint the 7th member. Industry and Lancaster will always appoint one member to the board each but the other five members will be replaced by an appointment of the board as vacancies occur. For the first 6 years the Lancaster appointed founding member shall be the chair and the Industry appointed member is the vice-chair. Following that initial 6 years, the chair and vice-chair shall be selected by the board and will serve 4 year terms.

The term of the JPA is as follows:
• Until any bonds issued are defeased and
• All energy contracts are fully performed and
• All of the obligations of the JPA are fully satisfied The JPA has the following powers:
• Exercise the common power of Industry and Lancaster including, but not limited to purchase, sale and resale of hydrogen/energy, issuing bonds, acquiring/constructing public works Funding of the JPDA will be handled under subsequent agreements.

Members may withdraw from the JPA provided that:
• Such withdrawal doesn't result in the dissolution of the authority and • All obligations of the Member under all energy contracts between the Authority and the Member have been fully performed or assigned by such Member and
• The date on which all of the Energy Contracts to between the Authority and the Member have terminated or assigned in accordance with their respective terms. In the event that there are only two Members, a Member may withdraw, provided the withdrawing Member presents a substitute public agency to the Board for its approval as a Member. Said approval by the Board shall not be unreasonably withheld, conditioned, or delayed.

Indemnification:

The JPA will indemnify and defend Industry all Members from all claims arising out of the acts or omissions of the JPA This partnership has incredible potential to not only further solidify Industry's status as a vital leader in renewable energy, but also to make history in this transition to alternative fuel sources.

FISCAL IMPACT
None

RECOMMENDATION
Staff recommends that the City Council approve the proposed Joint Exercise of Powers Agreement for the First Public Hydrogen Authority, and authorize the City Manager or his designee to finalize and execute all related documents.

Attachments
A. Joint Exercise of Powers Agreement for First Public Hydrogen Authority

JOINT EXERCISE OF POWERS AGREEMENT

FOR FIRST PUBLIC HYDROGEN AUTHORITY
THIS AGREEMENT, dated as of _ 2024, is entered into by and between the City of Lancaster, a municipal corporation (Lancaster) and the City of Industry, a municipal corporation (Industry). Lancaster and Industry are herein referred to as the "Founding Members":

WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the Founding Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, pursuant to Article XI, Section 9, of the California Constitution, a municipal corporation may establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication; and d in the precedin ramble by various mes main eding truth marposes and bai o escribed in the preceding preamble by various means,
providing other financial assistance to governmental and nonprofit organizations, and private retail customers within their jurisdiction; and
WHEREAS, each Founding Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Founding Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Founding Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, pursuant to Section 10002 of the Public Utilities Code, any municipal corporation may acquire, construct, own, operate, or lease any public utility; and WHEREAS, the intent of the Founding Members is to bring other qualifying public agencies into the joint exercise of power entity as members as provided herein (all such members together with the Founding Members shall herein be referred to as the "Members"); and WHEREAS, it is the desire of the Founding Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the purchase, sale, and or resale of hydrogen and/or energy, the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or maintenance programs or facilitating Members' use of existing or new financial instruments and mechanisms; and 1 4891-4096-0214v1/022283-0548
WHEREAS, it is further the intention of the Founding Members that the projects undertaken will result in significant public benefits to the jurisdictions of the Founding Members; and WHEREAS, beginning January 1, 2027 the State has mandated that all vehicle purchases made by public agencies be for zero emissions vehicles; and
WHEREAS, the State has received 1.2 billion dollars in funding from the federal government and the State has formed the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) for the purpose of distributing those funds; and
WHEREAS, municipal utilities have unique authority to implement energy services and cities have the authority to provide public transit services; and WHEREAS, hydrogen is seen as an integral tool to solve the climate crisis; and WHEREAS, First Public Hydrogen Authority is committed to provide transportation services and fueling infrastructure to assist in the state's energy transition goals; and WHEREAS, First Public Hydrogen Authority intends to provide for off-grid and beyond the meter solutions for the construction of new industrial and residential developments; and WHEREAS, First Public Hydrogen Authority intends to develop off-grid and beyond the meter solutions for transportation services; and
WHEREAS, First Public Hydrogen Authority intends to remove load from the gride while using microgrids powered by hydrogen; and
WHEREAS, by this Agreement, each Member desires to create and establish the "First Public Hydrogen Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the purchase, sale, production, trading, retail, and/or resale, transport delivery and dispensary of hydrogen and/or energy, issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. The purpose also includes, the design, construction, operation of behind the meter, off- grid energy solutions to be powered by a number of technologies including, but not limited to, solar, battery, and hydrogen fuel cell. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 16 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; 2 4891-4096-0214v1/022283-0548
Provided, however, that this Agreement shall not terminate or be terminated until each of the following

1. All Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and obligations;

2. All obligations under all Energy Contracts to which the Authority is a party have been fully performed, assigned or terminated in accordance with their respective terms. For purposes of the foregoing sentence, "Energy Contract" means an agreement for the purchase, sale or other disposition of hydrogen energy, hydrogen, renewable energy or related products, including a power purchase agreement and/or confirmation letter thereto.

3. All obligations to Authority's then current or former employees (e.g. pension, other post- employment benefits, and/or unfunded pension liability have been fully satisfied, Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "First Public Hydrogen Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any individual member and shall be debts, liabilities or obligations of the Authority, only.

B. BOARD.

The Authority shall be administered by a board of directors, comprised of the following:

1. Board Members. The Board shall be comprised of seven (7) members, each of whom shall have one (1) vote.
(a) The initial Board shall be appointed as follows:

Lancaster shall appoint five (5) of the initial Board members and shall designate one (1) of those Board members as a "Founding Board Member"; and
Industry shall appoint one (1) Board member, who shall be a Founding Board Member.
ili. The six initial Board members appointed by Lancaster and Industry shall appoint one (1) Board member.
(b) With the exception of the Founding Board Members, if and as vacanc(ies) exist on the Board, the remaining members on the Board shall appoint such replacement members) as may be necessary to fill such vacancies). Industry and Lancaster shall each continue to always appoint one (1) member to the Board should the respective Founding Board Member's seat become vacant.
3 4891-4096-0214v1/022283-0548
(c) If a Board Member is absent without permission from the greater of (i) all Authority regular meetings for 90 days consecutively from the last regular meeting he or she attended, or (ii) two consecutive regular Board meetings, then his or her board position shall immediately become vacant and shall be filled in accordance with subsection (a) above. (d) In the event that each of the governing bodies of the Founding Members determine by majority vote that any Board Member has engaged in malfeasance, neglect, and/or impropriety with regard to their Board Member duties, then his or her board position shall immediately become vacant and shall be filled in accordance with subsection (a) above.

2. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein.

C. l OFFICERS; DUTIES; OFFICIAL BONDS.

Chair and Vice Chair. The City of Lancaster shall appoint a Director to serve as the first Chair of the Board of Directors for a six (6) year term, and the Director appointed by Industry shall serve as the Vice Chair. At the conclusion of the first Chair's and Vice Chair's term, as well as at the conclusion of subsequent terms of office, or in the event of a vacancy, the Chair and Vice Chair shall be selected by a majority vote of the Board to serve a four (4) year term.

3. Other. The Board of Directors shall appoint a Chief Executive, General Counsel, Secretary, and Treasurer/Auditor-Controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Chief Executive shall have the power to appoint such other officers and employees as he/she may deem necessary and to retain independent counsel, consultants and accountants subject to the same contract limits as the City Manager of Lancaster has until such time as the Board adopts its own purchasing policy.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the Board Members, employees or agents of the Authority and to cause any of said Board Members, employees 4 4891-4096-0214v1/022283-0548
or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held anc conducted in accordance with the provisions of the Ralph M. Brown Act (commencins with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone and/or video conference. (3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone and/or video conference.
(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.

A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. In the absence of any policies or procedures, the policies or procedures of the City of Lancaster.

F. PUBLIC OFFICIALS
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The Board Members shall be considered public officials within the meaning of the Political Reform Act of 1974, as amended, and its regulations, for the purposes of financial disclosure, conflict of interest and other requirements of such Act and regulations, and shall file annual statements of economic interest as required, along with any other officers of the Authority who is required to do so.

Other persons working for or on behalf of the Authority may be required to file such statements in accordance with the Authority's conflict of interest code, which shall be adopted by the Board promptly.

G. TECHNICAL ADVISORY COMMITTEE.

The Authority shall have a Technical Advisory Committee ("TAC"), comprised of (i) the City Manager (or chief executive) of each Member, or his or her designee, and (ii) the Chief Executive Officer of the Authority. The TAC shall be vested with authority, responsibility and scope of activity as may be established by action of the Authority Board from time to time. Each member of the TAC shall have one vote.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to purchase, sell, and or resell hydrogen and/or energy; to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations, or private retail customers to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required.

No such approval shall be required in connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California charter city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other 6 4891-4096-0214v1/022283-0548
public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2025.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, and persest al alexpansly ne initie orber inhorinall prapday of tethinid by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7.

Nothing in this Agreement shall require any Member to fund any costs associated with the administration of the Authority. any activity of the Authority, and any debts related thereto, including but not limited to, capital improvement projects, real property purchases, power purchase agreements, and maintenance costs. Any Member may elect to loan or grant funds to the Authority pursuant to such terms as such parties may mutually agree in writing.

Section 8. Bonds.

From time to time the Authority may issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

However, the Founding Members' credit ratings will not be utilized for the issuance of any Bonds without their prior written consent.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Authority shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 9. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor.

Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the 7 4891-4096-0214v1/022283-0548
Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Board Member, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Board Member or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 10. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing during the months of July, October, January, and April of each year to the Board which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts).

Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

Section 11. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures 8 4891-4096-0214v1/022283-0548
developed under Sections 3(E) and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 12. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email).

Section 13. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however no such withdrawal notice shall be effective until and unless: (a) such withdrawal will not result in the dissolution of the Authority so long as any Bonds remain outstanding; (b) all obligations of such Member under all of the Energy Contracts between the Authority and such Member have been fully performed or assigned by such Member, and (c) the date on which all of the Energy Contracts to between the Authority and the Member have terminated or assigned in accordance with their respective terms. In the event that there are only two Members, a Member may withdraw, provided the withdrawing Member presents a substitute public agency to the Board for its approval as a Member.

Said approval by the Board shall not be unreasonably withheld, conditioned, or delayed. Withdrawal of a Member shall not relieve the withdrawing Member of its share of any debts or other liabilities incurred by the Authority prior to the effective date of such withdrawal, or any liabilities imposed upon or incurred by the Member pursuant to this Agreement prior to the effective date of such withdrawal.

Upon the effective date of a withdrawal, the withdrawing Member shall not be entitled to any revenue being generated by the Authority; provided, however, that it shall remain entitled a share of the revenue proportionate to that Member's contribution to (1) any existing or future long-term agreement, and (2) any conveyance of all or any portion of any asset of the Authority when, and if such conveyance, occurs.

Section 14. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys' fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal 9 4891-4096-0214v1/022283-0548
proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

The Authority shall defend, indemnify and hold harmless each Member and each Member's elected officials, officers, employees, agents and representatives, harmless from all claims, disputes, litigation, judgments and attorney fees arising out of the acts and/or omissions of the Authority.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered without (1) a 30-day notice being given to each Member, and (2) written approval by each Member.

Section 17. Effectiveness
This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from each of the Founding Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Founding Member approving this Agreement and the execution and delivery hereof.

Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Insurance.

The Authority shall at all times maintain insurance policies (or pooled insurance coverage through a joint powers authority) naming the Members as additional insureds in compliance with the 10 4891-4096-0214y1/022283-0548
following:

A. The insurance shall be in amounts no less than the following:

Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers' Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers' Liability policies)
Professional Liability
Each Occurrence $5,000,000
General Aggregate $5,000,000
B. The Authority's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability.

C. Professional liability and/or cyber insurance written on a "claims made" basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Authority for all claims made by the City insured entities arising out of any acts or omissions of Authority or its officers, employees, or agents during the time this Agreement was in effect.

D. All insurance shall be primary and non-contributory as respects the Member insured entities. Any insurance or self-insurance maintained by the Member insured entities shall be in excess of the Authority's insurance and shall not contribute with it.

F. Authority shall furnish the Members with Certificates of Insurance and with endorsements effecting coverage required by this Agreement.

Section 21. Government Claims.
11 4891-4096-0214v1/022283-0548
To the extent authorized by Government Code section 935 and any other laws, all claims against the Authority for money or damages, including any claims otherwise excepted from the claims filing requirement by Government Code section 905, shall be subject to and presented within the time and manner prescribed in Part 3 of Division 3.6 of Title 1 of the Government Code. A signed written claim shall be presented to the Authority by mail or personal delivery by the claimant or a person authorized by claimant to act on his or her behalf. The claim shall conform to the requirements of Government Code section 910.

Unless otherwise designated by the Board, the TAC shall comprise a Claims Committee. The Claims Committee shall, in consultation with legal counsel for the Authority, review all claims and make recommendations to the Board concerning their disposition.

Section 22. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral vritten, or implied in conduct, between and among the Members relating to the subject matter of thi Agreement.

IN WITNESS WHEREOF, the Founding Members have caused this Agreement to be executed and attested by its duly authorized representatives as of the date and year first set forth above. [SIGNATURES ON NEXT PAGE]
12 4891-4096-0214v1/022283-0548
Founding Member:

CITY OF LANCASTER
By
Name: Raymond Parris Jr.

Title: Mayor
ATTEST:

Andrea Alexander, Clerk
Founding Member:

CITY OF INDUSTRY
By
Name: Cory C. Moss
Title: Mayor
ATTEST:

Julie Gutierrez-Robles, Clerk
13 4891-4096-0214v1/022283-0548

Industry City CouncilNovember 14, 2024

Industry City Council
November 14, 2024