Industry City Council
May 8, 2025

CITY COUNCIL REGULAR MEETING AGENDA
MAY 8, 2025

CITY COUNCIL

REGULAR MEETING
AGENDA
MAY 8, 2025 AT 9:00 AM

MAYOR CORY MOSS

MAYOR PRO TEM MICHAEL GREUBEL

COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI

COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California ADDRESSING THE CITY COUNCIL:

Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.

Public Comments (Non-Agenda Items):Anyone wishing to address the City Council on an item not on the Agenda may do so during the “Public Comments” period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. State law 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: 277 454 298 034 9
Meeting Passcode: AW9XL6FE
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 774 862 686#
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, California, 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 COUNCIL REGULAR MEETING AGENDA
MAY 8, 2025

1. Call to Order

2. Flag Salute

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

4. Roll Call

5. Presentations

6. CONSENT CALENDAR

6.1. Consideration of the Register of Demands for May 8, 2025 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate City Officials to pay the bills.

6.2. Introduction of Ordinance No. 836 of the City Council of the City of Industry, California, Amending Section 10.40.010 (Speed Limits on City Streets) of Chapter 10.40 (Speed Limits) of Title 10 (Vehicles and Traffic) of the City of Industry Municipal Code, and adopting a notice of exemption regarding same (First Reading)
RECOMMENDED ACTION: 1. Approve the Engineering and Traffic Survey; 2) Waive the reading of Ordinance No. 836, and read by title only; and 3) Introduce Ordinance No. 836, an Ordinance of the City Council of the City of Industry, California, Amending Section 10.40.010 (Speed Limits on City Streets) of Chapter 10.40 (Speed Limits) of Title 10 (Vehicles and Traffic) of the City of Industry Municipal Code, and adopting a notice of exemption regarding same.

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

CITY-1501, Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation, for an estimated cost of $1,132,000.00
RECOMMENDED ACTION: Approve the plans and specifications and authorize the solicitation of public bids.

6.4. Consideration of Amendment No. 2 to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP, for Auditing Services, extending the term through June 30, 2029, increasing compensation by $357,995.00, and updating the Rate Schedule
RECOMMENDED ACTION: Approve Amendment No. 2

6.5. Second reading and adoption of Ordinance No. 835 an ordinance of the City Council of the City of Industry, California, repealing ordinance no. 823 and approving an adjustment to the monthly compensation for the members of the City Council

CITY COUNCIL REGULAR MEETING AGENDA
MAY 8, 2025
RECOMMENDED ACTION: Adopt Ordinance No. 835

6.6. Consideration of a Pipeline Crossing Agreement with Union Pacific Railroad Company for the Fullerton Road Grade Separation project RECOMMENDED ACTION: Approve the Agreement

6.7. Consideration of Resolution No. CC 2025-16 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, NAMING

THE RAILROAD STREET PAVEMENT REHABILITATION PROJECT AS
AN SB 1 PROJECT FOR FISCAL YEAR 2025-2026
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-16

6.8. Consideration of rejection of bids Contract No. CITY-1528, Annual Pavement Rehabilitation FY 23, and authorize the City Manager to re-bid the project
RECOMMENDED ACTION: Reject all bids and authorize the City Manager to re-bid the project.

6.9. Consideration of Resolution No. CC 2025-15 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING

A DONATION TO THE LEARNING CENTERS AT FAIRPLEX, IN THE
AMOUNT OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00),

FOR PARTICIPATION AND DISPLAY IN THE FAIRPLEX GARDEN

RAILROAD DURING THE LOS ANGELES COUNTY FAIR
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-15

6.10. Consideration of Resolution No. CC 2025-14 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A DONATION TO MEGAN’S WINGS INC., IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS PATIENT AID PROGRAMS RECOMMENDED ACTION: Adopt Resolution CC 2025-14

6.11. Consideration And Approval Of 1) Stipulation to Set Aside Dismissal And Enter Judgment; 2) Stipulation for Entry of Judgment/Dismissal; And 3) Stipulation to Reserve Court Jurisdiction Pursuant to CCP Section 664.6 And Dismiss Action; And Order Thereon In City Of Industry V.

Cubework.Com, Iinc, Et Al., Case N0. 20pscv00797 And Directing City Manager to Execute Each Stipulation on Behalf of the City.

RECOMMENDED ACTION: Approve the three Stipulations and
authorize the City Manager to execute same.

CITY COUNCIL REGULAR MEETING AGENDA
MAY 8, 2025

7. ACTION ITEMS

7.1. Consideration of an Agreement with the County of Los Angeles Fire Department for the Tonner Canyon South Vegetation Management Program RECOMMENDED ACTION: Provide direction to Staff.

8. PUBLIC HEARINGS-NONE

9. CLOSED SESSION

9.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation, pursuant to Government Code Section 54956.9(d)(2):
12 potential cases

9.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8

Property: 1 Industry Hills Parkway, City of
Industry, CA, 91744 also known as Assessor Parcel Numbers (portion of) 8247-014-900, (portion of) 8247-013- 908, 8262-001-900, 8262-001-902, (portion of) 8262-011-930, 8262-011- 931, 8262-012-270, 8262-012- 271, 8262-012-272, 8262-012-273, (portion of) 8262-012-274, (portion of) 8262- 012- 275, 8262-012-276,(portion of) 8262- 015-900, (portion of) 8262-015- 901, 8262-015-902, 8262-015-904, (portion of) 8262-015-905, 8263-008- 270, 8263- 008-271, 8263-008-904 and 8263-027- 270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a
Delaware limited liability company
Under Negotiation: Price and terms of payment

9.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy Point, LLC, et al
Los Angeles County Superior Court Case No. 25STCV03700

9.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. PUBLIC COMMENTS

CITY COUNCIL REGULAR MEETING AGENDA
MAY 8, 2025

14. Adjournment. The next regular City Council meeting is May 22, 2025, at 9:00 AM.

ITEM NO. 6.1

ITEM NO. 6.2

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Upendra Joshi, Senior Project Manager
DATE: May 8, 2025
SUBJECT: Introduction of Ordinance No. 836 of the City Council of the City of Industry, California, Amending Section 10.40.010 (Speed Limits on City Streets) of Chapter 10.40 (Speed Limits) of Title 10 (Vehicles and Traffic) of the City of Industry Municipal Code, and adopting a notice of exemption regarding same (First Reading)
Background:

On April 14, 2016, the City Council approved an Agreement for Consultant Services with Kimley-Horn and Associates, Inc. ("Kimley-Horn") to provide on-call traffic engineering services.

Per the City's request, a proposal for the work authorization was submitted to perform the Engineering and Traffic Survey for 96 street segments within the City. Kimley-Horn conducted the 2016 Engineering and Traffic Survey in May of 2016.

On June 23, 2016, the City Council introduced Ordinance No. 794 and recommended no change to the posted speed limit on 52 segments, lower the existing posted speed limit by 5 mph on 8 segments, increase the existing posted speed limit by 5 mph on 13 segments, and recommend 23 segments to be surveyed later as part of Phase 2 of the Engineering and Traffic Survey. Out of the remaining 23 segments, 13 segments were recommended to be resurveyed in order to confirm the speed limit. The remaining 10 segments were not surveyed as these segments are closer to existing construction projects that would skew the results.

The City Engineer determined the changes to be reasonable, safe, and appropriate for the orderly movement of traffic on City streets; and on July 14, 2016, the City Council adopted Ordinance No. 794 approving the recommendations based on the 2016 Engineering and Traffic Survey.

On March 8, 2018, the City Council Introduced Ordinance No. 804 and recommended no change to the posted speed limit in 19 locations, lower the existing posted speed limit by 5 mph

at 7 locations, increase the existing speed limit by 5 mph at 15 locations, and recommend 6 locations to be surveyed later as Phase 3 of the Engineering and Traffic Survey.

The City Engineer determined the changes to be reasonable, safe, and appropriate for the orderly movement of traffic on City streets; and on March 22, 2018, the City Council adopted Ordinance No. 804 approving the recommendations based on the 2017 Engineering and Traffic Survey.

On May 23, 2018, Kimley-Horn conducted the 2018 Engineering and Traffic Survey, Phase 3.

One hundred (100) samples for each direction of travel were collected if the street segment contained a raised median, or if it was designated by the City as needing two surveys per segment. A minimum of 40 observations were collected for each direction for the segments that did not contain a raised median and were designated as needing only one survey by the City.

On April 30, 2018, Los Angeles County conducted the Engineering and Traffic Survey on Vineland Avenue between the City of Baldwin Park boundary, 1,300 feet north of Rath Street and Nelson Avenue. The segment of Vineland Avenue between Amar Road and Ector Street is jurisdictionally shared between the County and City of Industry. Pursuant to California Vehicle Code (CVC), Section 40802(c)(2)(B)(i), one of the criteria for the legal use of radar equipment on County roadways is that a current Engineering and Traffic Survey exists reflecting current conditions of the roadway. The Engineering and Traffic Survey must be updatedin accordance with CVC Section 40802(c)(2)(B)(i) in order to continue the use of radar speed enforcement.

This study conducted by Los Angeles County Department of Public Works, provides a current engineering analysis of the traffic conditions on Vineland Avenue and evaluates the appropriateness of the existing speed limit.

On June 28, 2018 the City Council introduced Ordinance No. 805 and recommended no change to the posted speed limit in 16 locations, lower the existing posted speed limit by 5 mph at 2 locations, increase the existing speed limit by 5 mph at 11 locations.

The Contract Deputy City Engineer determined the changes to be reasonable, safe, and appropriate for the orderly movement of traffic on City streets; and on July 12, 2018, the City Council adopted Ordinance No. 805 approving the recommendations based on the 2018 Engineering and Traffic Survey.

Los Angeles County conducted the Engineering and Traffic Survey on February 6, 2025, along Clark Avenue from 120 feet west of Beech Hills Avenue to Turnbull Canyon Road, and on December 13, 2023, along Workman Mill Road from 3000 feet east of Peck Road to Pellissier Place. A few segments along these locations are jurisdictionally shared between the County and City. Pursuant to California Vehicle Code (CVC), Section 40802(c)(2)(B)(i), one of the criteria for the legal use of radar equipment on County roadways is that a current Engineering and Traffic Survey exists reflecting current conditions of the roadway. The Engineering and Traffic Survey must be updated in accordance with CVC 40802(c)(2)(B)(i) in order to continue the use of radar speed enforcement. This study conducted by Los Angeles County Department of Public Works, provides a current engineering analysis of the traffic conditions on Clark Avenue and Workman Mill Road and evaluates the appropriateness of the existing speed limit.

Discussion:

The Engineering and Traffic Survey, as defined in Section 627 of the California Vehicle Code, must consider the prevailing speeds, accident records, and roadway traffic conditions not readily apparent to the driver. Speed zones are also established to advise of road conditions or hazard, which may not be readily apparent to a reasonable driver. For this reason, a field review of related road/traffic variables is conducted which is considered in combination with the statistical data and collision history of a particular roadway segment to determine a safe and reasonable speed limit. The specific procedures used in conducting the Engineering and Traffic Study are outlined in the California Manual on Uniform Traffic Control Devices (CAMUTCD) 2014 Edition.

Los Angeles County Department of Public Works reviewed the following existing conditions as part of the Engineering and Traffic Survey. Supporting data is included in Exhibit C. • There is no change to the existing speed limits at the following two locations within the shared jurisdiction between County of Los Angeles and City:

1. Clark Avenue

2. Workman Mill Road
Fiscal Impact:

No fiscal impact at this time
Recommendation:

1. Approve the Engineering and Traffic Survey; 2) Waive the reading of Ordinance No. 836, and read by title only; and 3) Introduce Ordinance No. 836, an Ordinance of the City Council of the City of Industry, California, Amending Section 10.40.010 (Speed Limits on City Streets) of Chapter 10.40 (Speed Limits) of Title 10 (Vehicles and Traffic) of the City of Industry Municipal Code, and adopting a notice of exemption regarding same.

Exhibits:

1. Ordinance No. 836

2. Notice of Exemption

3. Engineering and Traffic Survey Report on Clark Avenue from 120 feet west of Beech Hills Avenue to Turnbull Canyon Road and Workman Mill Road from 3000

ORDINANCE NO. 836

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA AMENDING SECTION 10.40.010 (SPEED LIMITS ON CITY STREETS) OF CHAPTER 10.40 (SPEED LIMITS) OF TITLE 10 (VEHCLES AND TRAFFIC) OF THE CITY OF INDUSTRY

MUNICIPAL CODE, AND ADOPTING A NOTICE OF EXEMPTION REGARDING SAME WHEREAS, California Vehicle Code Section 22357 provides that whenever a local authority determines on the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and WHEREAS, California Vehicle Code section 22358 provides that whenever a local authority determines on the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60,55, 50,45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and
WHEREAS, Section 40802(a)(2) of the California Vehicle Code states that speed limits for streets, other than a local street, road, or school zone, must be justified by an Engineering and Traffic Survey conducted less than five years prior to enforcement of that speed limit, if it is to be enforced by the use of radar; and
WHEREAS, the City Council approved the Engineering and Traffic Survey Phase 1 for certain street segments in Ordinance No. 794 on July 14, 2016; and WHEREAS, the City Council approved the Engineering and Traffic Survey Phase 2 for certain street segments in Ordinance No. 804 on March 22, 2018; and WHEREAS, the City Council approved the Engineering and Traffic Survey Phase 3 for certain street segments in Ordinance No. 805 on July 12, 2018; and WHEREAS, the most recent Engineering and Traffic Survey for certain street segments were last completed on February 6, 2025 December 13, 2023 by Los Angeles County, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference; and WHEREAS, the survey recommended certain changes to or new speed limits for certain City streets, as set forth herein; and
WHEREAS, the City Council wishes to ensure that traffic speeds throughout the community are kept at a safe level given the conditions that exist on certain streets; and WHEREAS, the City Council wishes to use electronic speed measurement equipment for speed enforcement on these certain streets; and

WHEREAS, the Ordinance establishing speed limits must be adopted to reflect speed limits that are to be established following the completion of the Engineering and Traffic Survey; and WHEREAS, the California Manual of Traffic Control Devices describes the policy to be used in the State of California for setting speed limits, which requires that the posted speed be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic; and WHEREAS, the City Council recognizes that the California Manual of Traffic Control Devices also allows the posted speed limit to be reduced by 5 mph from the nearest 5 mph increment of the 85thpercentile speed, in compliance with California Vehicle Code Sections 627 and 22358.5, if the Engineering and Traffic Survey documents the special conditions and justification for the lower speed limit and is approved by a registered Civil or Traffic Engineer; and WHEREAS, the enforcement of speed limits by the use of radar is necessary in order to protect the safety of the residents of the City of Industry; and
WHEREAS, the City Council has determined that the speed limits set forth herein are most appropriate to facilitate the orderly movement of traffic within the City.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INDUSTRY AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the above Recitals are true and correct, and are incorporated herein by reference.

SECTION 2. CEQA Finding. The City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance and the establishment of the regulations hereby will have a significant effect on the environment. The Ordinance is therefore exempt from review under the California Environmental Quality Act, pursuant to Title 14, Section 1506l(b)(3) of the California Code of Regulations.

The City Council hereby adopts a Notice of Exemption, and directs Staff to file same, as required by law.

SECTION 3. Industry Municipal Code Amendment. The City Council hereby amends Section

10.40.010 (Speed Limits on City Streets) of the Industry Municipal Code to read in its entirety as follows:

10.40.010. Speed Limits on City Streets.

The California Vehicle Code provides that cities may by ordinance establish prima facie speed limits. It is determined, upon the basis of an engineering and traffic survey, that the following prima facie speed limits would facilitate the orderly movement of traffic and would be reasonable and safe. It is declared, that signs be erected, as appropriate, to provide notice of the following prima facie speed limits:

No. Street Location
Speed
Limit
(MPH)

1. Valley Boulevard Turnbull Canyon Rd. to Proctor Ave. 50

NO. Street Location Speed
Limit
(MPH)
121. Railroad St. Rowland St. to Fullerton Rd. 40
122. Railroad St. Fullerton Rd. to Charlie Rd. 40
123. Crossroads Parkway South Workman Mill Rd. to Crossroads Parkway North
40 124. Crossroads Parkway North City Boundary – Crossroads Parkway South
40 125. Seventh Ave. Salt Lake Ave. to Don Julian Rd. 40 126. Arenth Ave. Fullerton Rd. to Nogales St. 40
127. Nelson Ave. Fullerton Rd. to Glendora Ave. 35
128. Clark Ave. 120 ft West of Beech Hills Ave to
Turnbull Canyon Rd.
35 129. Workman Mill Rd. 3000 ft. East of Peck Rd. to
Pellissier Place
45 SECTION 23. Official Survey. The “Engineering and Traffic Survey February 6, 2025 and December 13, 2023, for the City of Industry,” containing the findings and determinations of the Registered Engineer, incorporated herein and on file in the Office of the City Clerk, shall be the official Engineering and Traffic Survey of the City, a certified copy of which shall be disseminated to the County of Los Angeles Municipal and Superior Courts.

SECTION 24. Inconsistencies. Any provisions of the Industry Municipal Code, or appendices thereto, or any other resolution of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed.

SECTION 25. Clerical Errors. The City Council directs the City Clerk to correct any clerical errors found in Chapter 10.40 (Speed Limits) of Title 10 (Vehicles and Traffic), including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

SECTION 26. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining potions of this Ordinance; it being hereby expressing declared sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

SECTION 27. Effective Date. In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 28. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law. 7

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry this ___day of May 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST:

BY:

Cory Moss, Mayor
Julie Gutierrez-Robles, City Clerk

NOTICE OF EXEMPTION
To: County Clerk
County of Los Angeles
Environmental Filings
12400 East Imperial Highway #2001
Norwalk, CA 90650
From: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Project Title: Engineering and Traffic Survey
Project Location - Specific: Clark Avenue from 120 feet west of Beech Hills Avenue to Turnbull Canyon Road and Workman Mill Road from 3000 feet east of Peck Road to Pellissier Place Project Location-City: City of Industry/Unincorporated County Project Location-County: Los Angeles Description of Project: Engineering and Traffic Survey
Name of Public Agency Approving Project: City Council, City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3); 15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(a)(b)(c));  Categorical Exemption. State type and section number: 15061(b)(3)  Statutory Exemptions. State code number:

Reasons why project is exempt: The proposed project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, which exempt for Engineering and Traffic Survey. This project involves engineering and traffic surveys on existing streets at various locations in the City of Industry jurisdictionally shared with Los Angeles County and is exempt from CEQA.

Lead Agency
Contact Person: Mathew Hudson Telephone: (626) 333-2211 Signature: Date:

Title: Director of Public Works

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Location: Workman Mill Road Certification Date: 12/13/2023 Limits: Beverly Boulevard to Crossroads Parkway South
Segment length: 2.99 miles
Community: Whittier, North Whittier SD: 4, 1
Split Jurisdiction: Yes ☒ City: Industry & Whittier CHP Enforcement Jurisdiction:

RECOMMENDED SPEED LIMIT: 45 MPH Baldwin Park
85th PERCENTILE SPEED: 48 MPH Date of Survey: 6/22/2023 Location of Survey: Workman Mill Road, north of Strong Avenue; east of Rose Hills Road; and east of Peck Road
Posted Speed Limit: 45 MPH Radar Serial No.: PYT846005279 Collision History
Actual Collision Rate: 0.45 C/MVM Number of Collisions: 34 Expected Collision Rate: 0.84 ± 0.27 C/MVM Period: 09/01/2021 – 08/31/2023 Highway, Traffic, and Roadside Conditions
ADT (Volume): 20,383 VPD Date of Count: 10/19/2023
Location of Count: Workman Mill Road, north of Strong Avenue; east of Rose Hills Road; and east of Peck Road
Number of Lanes: 4 Roadway Width: 64 - 84 FT
Roadway Separation: Double Yellow ☒ Dash/Skip Yellow ☐ Painted Median ☒ Raised Concrete Median ☒ Guardrail ☐ Other Two-Way Left Turn Lane
Alignment: Horizontal Curves ☒ Vertical Curves ☒
Roadway Improvements: Sidewalk ☒ Curb ☒ Gutter ☒ Guardrail ☐ Driveways ☒ Other

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Fronting Developments: Residential ☒ Commercial/Business ☒ Industrial ☒ Schools ☒ Vacant/Undeveloped ☐ Dirt Shoulders ☐ Other Cemetery
Parking: NPAT ☒ NSAT ☒ Time Limit ☐ Street Sweeping ☒ Other Commercial vehicle CRS (FHWA) Roadway Classification: Minor Arterial
Special Considerations
Residential Density - Meets CVC 515 (Residence District): Yes☐ No ☒ Safety of Bicyclist: Bicyclist ☒ Bike Lanes ☒ Bike Lane Class II Safety of Pedestrians: Children ☐ Seniors ☐ Persons w/ Disabilities ☐ Users of Assistive Mobility Devices ☐ Unhoused ☐
Speed Reductions
The posted speed limit on Workman Mill Road between Strong Avenue and Crossroads Parkway South is 45 miles per hour (mph). The actual collision rate within the limits of the study is 0.45 C/MVM, which is less than the Countywide expected rate of 0.84 ± 0.27 C/MVM. A radar speed check taken in June 2023 revealed an 85th percentile speed of 48 mph. However, in accordance with California Vehicle Code (CVC) Section 627 and Section 22358.6 (c), it is recommended that the posted speed limit of 45 mph be retained.

General Comments
City of Whittier

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Location: Workman Mill Road Certification Date: 12/13/2023 Limits: Crossroads Parkway South to Pellissier Place
Segment length: 0.25 miles
Community: North Whittier SD: 1
Split Jurisdiction: Yes ☒ City: Industry CHP Enforcement Jurisdiction:

RECOMMENDED SPEED LIMIT: 35 MPH Baldwin Park
85th PERCENTILE SPEED: 40 MPH Date of Survey: 6/22/2023 Location of Survey: Workman Mill Road, south of Pellissier Place Posted Speed Limit: 35 MPH Radar Serial No.: PYT846005279 Collision History
Actual Collision Rate: 3.60 C/MVM Number of Collisions: 4 Expected Collision Rate: 0.84 ± 0.27 C/MVM Period: 09/01/2021 – 08/31/2023 Highway, Traffic, and Roadside Conditions
ADT (Volume): 6,085 VPD Date of Count: 10/19/2023
Location of Count: Workman Mill Road, south of Pellissier Place Number of Lanes: 4 Roadway Width: 64 FT
Roadway Separation: Double Yellow ☐ Dash/Skip Yellow ☐ Painted Median ☐ Raised Concrete Median ☒ Guardrail ☐ Other TWLTL
Alignment: Horizontal Curves ☐ Vertical Curves ☐
Roadway Improvements: Sidewalk ☒ Curb ☒ Gutter ☒ Guardrail ☐ Driveways ☒ Other Railroad Tracks
Fronting Developments: Residential ☒ Commercial/Business ☒ Industrial ☐ Schools ☐ Vacant/Undeveloped ☐ Dirt Shoulders ☐ Other

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Parking: NPAT ☐ NSAT ☐ Time Limit ☐ Street Sweeping ☒ Other CRS (FHWA) Roadway Classification: Minor Arterial
Special Considerations
Residential Density - Meets CVC 515 (Residence District): Yes☐ No ☒ Safety of Bicyclist: Bicyclist ☐ Bike Lanes ☐ Bike Lane Class Safety of Pedestrians: Children ☐ Seniors ☐ Persons w/ Disabilities ☐ Users of Assistive Mobility Devices ☐ Unhoused ☐
Speed Reductions
The posted speed limit on Workman Mill Road between Crossroads Parkway South and Pellissier Place is 35 miles per hour (mph). The actual collision rate within the limits of the study is 3.60 C/MVM, which is higher than Countywide expected rate of 0.84 ± 0.27 C/MVM.

A radar speed check taken in June 2023 revealed an 85th percentile speed of 40 mph.

However, taking into consideration the collision rate, and in accordance with California Vehicle Code Section 627, it is recommended that this roadway remain posted at 35 mph between Crossroads Parkway South and Pellissier Place.

General Comments

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Location: Workman Mill Road Certification Date: 12/13/2023 Limits: Pellissier Place to Valley Boulevard
Segment length: 2.24 miles
Community: North Whittier, Avocado Heights SD: 1
Split Jurisdiction: Yes ☒ City: Industry CHP Enforcement Jurisdiction:

RECOMMENDED SPEED LIMIT: 45 MPH Baldwin Park
85th PERCENTILE SPEED: 47 MPH Date of Survey: 6/22/2023 Location of Survey: Workman Mill Road, east of Pellissier Place, east of Coleford Avenue; and north of Don Julian Road
Posted Speed Limit: 45 MPH Radar Serial No.: PYT846005279 Collision History
Actual Collision Rate: 0.45 C/MVM Number of Collisions: 34 Expected Collision Rate: 0.84 ± 0.27 C/MVM Period: 08/2021 – 07/2023 Highway, Traffic, and Roadside Conditions
ADT (Volume): 18,942 VPD Date of Count: 10/19/2023
Location of Count: Workman Mill Road, east of Pellissier Place, east of Coleford Avenue; and north of Don Julian Road
Number of Lanes: 4 Roadway Width: 60 - 84 FT
Roadway Separation: Double Yellow ☐ Dash/Skip Yellow ☐ Painted Median ☐ Raised Concrete Median ☒ Guardrail ☐ Other
Alignment: Horizontal Curves ☒ Vertical Curves ☒
Roadway Improvements: Sidewalk ☒ Curb ☒ Gutter ☒ Guardrail ☐ Driveways ☒ Other
Fronting Developments: Residential ☒ Commercial/Business ☒ Industrial ☐ Schools ☐ Vacant/Undeveloped ☐ Dirt Shoulders ☐ Other

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 1.4 Final (9/2022)
Parking: NPAT ☒ NSAT ☒ Time Limit ☐ Street Sweeping ☐ Other Vehicles for Sale, Commercial Vehicles
CRS (FHWA) Roadway Classification: Minor Arterial
Special Considerations
Residential Density - Meets CVC 515 (Residence District): Yes☐ No ☒ Safety of Bicyclist: Bicyclist ☒ Bike Lanes ☒ Bike Lane Class II Safety of Pedestrians: Children ☐ Seniors ☐ Persons w/ Disabilities ☐ Users of Assistive Mobility Devices ☐ Unhoused ☐
Speed Reductions
The posted speed limit on Workman Mill Road between Pellissier Place and Valley Boulevard is 45 miles per hour (mph). The actual collision rate within the limits of the study is 0.83 C/MVM, which is within the Countywide expected rate of 0.84 ± 0.27 C/MVM. A radar speed check taken in June 2023 revealed an 85th percentile speed of 47 mph. The 47 mph 85th percentile speed may be rounded down to 45 mph. Therefore, in accordance with CVC 627 it is recommended that the posted speed limit of 45 mph be retained.

General Comments
Project Engineer Civil or Traffic Engineer

City of Industry
~~~
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DERETSIGER
NO.

N
FO
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OF CA
R
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OFESSION
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CIVIL IA
REE
NIGNE
*

SHARAD ROBERTSON
C 92964

LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS

REQUEST FOR TRAFFIC DATA COLLECTION
Date Requested: 05/16/23
Requester's Commitment Deadline:

BOARD
School Name
School Contact
Other School Hours
Truck Axle Breakdown
Other
Machine Count, Directional
Volume x
Speed x
Radar Speed Check

THOMAS MAP

REFERENCE
LOCATION(S) Workman Mill Rd NE/O Don Julian Rd 1 637-H4 Workman Mill Rd E/O Coleford Ave 1 637-F5
Workman Mill RD E/O Pelissier Pl 1 637-E6
Workman Mill Rd S/o Pellissier Pl 1 637-E6
Workman Mill Rd NE/O Peck Rd 4 637-D7
Workman Mill Rd NE/O Rose Hills Rd 4 677-C1
Workman Mill Rd N/o Strong Ave 4 677-A3
REQUESTED BY: Zograb Akelyan UNIT 49135 APPROVED BY:

CHARGE: DELIVERED TO ON

LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS

REQUEST FOR TRAFFIC DATA COLLECTION
Date Requested: 05/16/23
Requester's Commitment Deadline:

BOARD
School Name
School Contact
Other School Hours
Truck Axle Breakdown
Other
Machine Count, Directional
Volume x
Speed x
Radar Speed Check

THOMAS MAP

REFERENCE
LOCATION(S) Workman Mill Rd NE/O Don Julian Rd 1 637-H4 Workman Mill Rd E/O Coleford Ave 1 637-F5
Workman Mill RD E/O Pelissier Pl 1 637-E6
Workman Mill Rd S/o Pellissier Pl 1 637-E6
Workman Mill Rd NE/O Peck Rd 4 637-D7
Workman Mill Rd NE/O Rose Hills Rd 4 677-C1
Workman Mill Rd N/o Strong Ave 4 677-A3
REQUESTED BY: Zograb Akelyan UNIT 49135 APPROVED BY:

CHARGE: DELIVERED TO ON

TYPE OF DATA REQUESTED
SKETCH (if necessary)

A-MEMO SCHOOL

RELATED

A-MEMO SCHOOL

RELATED
Special Instructions (Circle as applicable):

SD
SD
Handcount: When ordering a handcount, submit separate request forms for AM and PM counts.

SKETCH (if necessary)
TYPE OF DATA REQUESTED Special Instructions (Circle as applicable):

Handcount: When ordering a handcount, submit separate request forms for AM and PM counts.
7 AM TO 1 PM
12 PM TO 6 PM
6 AM TO 12 PM
6 AM TO 12 PM
12 PM TO 6 PM
7 AM TO 1 PM
P:\tsmpub\INVEST\SD4\T-File Drafts\T20230464 Workman Mill Road Parking E&TS\Counts Machine

Los Angeles County Public Works
Traffic Collision History Report
Midblock Collisions
12/7/2023
Arterial: WORKMAN MILL ROAD
Limit 1: BEVERLY BOULEVARD
Limit 2: CROSSROADS PARKWAY SOUTH
Date Range Reported: 09/01/2021 - 08/31/2023
Total Number of Collisions: 14
Total Number of Persons Injured: 3
Total Number of Persons Severely Injured:: 0
Total Number of Persons Killed: 0
Seq.

No.

Date Time Location Dist. Dir.

Collision
Pattern
Motor Veh
Involved
With
Dir. of
Travel 1
Movement
Prec. Coll. 1
Dir. of
Travel 2
Movement
Prec. Coll. 2
PCF Inj Severe Kill
14 09/23/2021 10:40

WORKMAN

MILL ROAD &

ROSE HILLS
ROAD
20' North
Driveway
Passing, Turning
Other Motor
Vehicle
North
Making Right
Turn
North
Proceeding
Straight
Improper
Turning
0 0 0
23 05/14/2022 08:05

WORKMAN

MILL ROAD &
STRONG
AVENUE
75' South
Midblock
Parked Vehicle
Parked Motor
Vehicle
South
Traveling Wrong
Way
North Parked
Driving Under
Influence
0 0 0
C
B
A
Map data ©2023 Google 1 km

30 09/08/2022 14:13

WORKMAN

MILL ROAD &

PIONEER

BOULEVARD
560' North
Midblock Left
Road
Non-Collision South
Proceeding
Straight
North
Proceeding
Straight
Other than
Driver
0 0 0
6 10/14/2022 10:27

WORKMAN

MILL ROAD &

PIONEER

BOULEVARD
750' North
Midblock Fixed
Object
Fixed Object North
Proceeding
Straight
Unsafe Speed 0 0 0
17 12/17/2022 18:10

WORKMAN

MILL ROAD &

SYCAMORE

CANYON ROAD
200' North
Driveway Left
Turn
Other Motor
Vehicle
South
Making Left
Turn
North
Proceeding
Straight
Auto R/W
Violation
0 0 0
3 04/12/2023 12:35

WORKMAN

MILL ROAD &

SPY GLASS HILL
ROAD
100' North
Midblock
Sideswipe
Other Motor
Vehicle
North
Other Unsafe
Turning
North
Proceeding
Straight
Improper
Turning
0 0 0
15 05/16/2023 07:45

WORKMAN

MILL ROAD &

SPY GLASS HILL
ROAD
110' North
Midblock
Sideswipe
Other Motor
Vehicle
North Changing Lanes North
Proceeding
Straight
Unsafe Lane
Change
0 0 0
24 07/04/2023 15:10

WORKMAN

MILL ROAD &
STRONG
AVENUE
800' North
Midblock Fixed
Object
Fixed Object North
Proceeding
Straight
Improper
Turning
1 0 0
30 05/06/2022 18:05

WORKMAN

MILL ROAD &

PECK ROAD
400' East
Midblock
Sideswipe
Other Motor
Vehicle
East Changing Lanes East
Proceeding
Straight
Unsafe Lane
Change
0 0 0
6 07/09/2022 16:30

WORKMAN

MILL ROAD &

NORTH DRIVE
2450' North
Midblock Fixed
Object
Fixed Object North
Other Unsafe
Turning
Improper
Turning
0 0 0
7 08/03/2022 04:40

WORKMAN

MILL ROAD &

SHALLOWBROOK
ROAD
200' North
Midblock Fixed
Object
Fixed Object North
Other Unsafe
Turning
Improper
Turning
0 0 0
8 11/16/2022 08:05

WORKMAN

MILL ROAD &

PECK ROAD
200' East
Midblock
Sideswipe
Other Motor
Vehicle
West Changing Lanes West
Proceeding
Straight
Unsafe Lane
Change
0 0 0
2 05/26/2023 08:48

WORKMAN

MILL ROAD &

PECK ROAD
250' North
Midblock Fixed
Object
Fixed Object South
Other Unsafe
Turning
Improper
Turning
1 0 0
22 08/10/2023 19:15

WORKMAN

MILL ROAD &

MISSION MILL
ROAD
1045' North
Driveway Left
Turn
Other Motor
Vehicle
South
Making Left
Turn
North
Proceeding
Straight
Auto R/W
Violation
1 0 0
Segment Length: 0.40 miles (2090')

Los Angeles County Public Works
Traffic Collision History Report
Midblock Collisions
12/7/2023
Arterial: WORKMAN MILL ROAD
Limit 1: PELLISSIER PLACE
Limit 2: CROSSROADS PARKWAY SOUTH
Date Range Reported: 09/01/2021 - 08/31/2023
Total Number of Collisions: 4
Total Number of Persons Injured: 1
Total Number of Persons Severely Injured:: 0
Total Number of Persons Killed: 0
Seq.

No.

Date Time Location Dist. Dir.

Collision
Pattern
Motor Veh
Involved
With
Dir. of
Travel 1
Movement
Prec. Coll. 1
Dir. of
Travel 2
Movement
Prec. Coll. 2
PCF Inj Severe Kill
17 01/28/2022 11:45

WORKMAN

MILL ROAD &

CAMBRAY
DRIVE
125' North
Midblock
Sideswipe
Other Motor
Vehicle
South Changing Lanes South
Proceeding
Straight
Unsafe Lane
Change
1 0 0
2 05/12/2023 13:10

WORKMAN

MILL ROAD &

CAMBRAY
DRIVE
250' North
Driveway Right
Angle
Other Motor
Vehicle
West Entering Traffic North
Proceeding
Straight
Auto R/W
Violation
0 0 0
A
B
Map data ©2023 100 m

20 08/11/2023 11:01

WORKMAN

MILL ROAD &

CROSSROADS

PARKWAY
SOUTH
480' North
Midblock
Sideswipe
Other Motor
Vehicle
North Merging North
Proceeding
Straight
Improper
Turning
0 0 0
11 08/11/2023 13:30

WORKMAN

MILL ROAD &

PELLISSIER
PLACE
180' South
Driveway Right
Angle
Other Motor
Vehicle
West Entering Traffic North
Proceeding
Straight
Auto R/W
Violation
0 0 0
Segment Length: 0.25 miles (1322')

Los Angeles County Public Works
Traffic Collision History Report
Midblock Collisions
12/7/2023
Arterial: WORKMAN MILL ROAD
Limit 1: PELLISSIER PLACE
Limit 2: VALLEY BOULEVARD
Date Range Reported: 09/01/2021 - 08/31/2023
Total Number of Collisions: 20
Total Number of Persons Injured: 7
Total Number of Persons Severely Injured:: 0
Total Number of Persons Killed: 1
Seq.

No.

Date Time Location Dist. Dir.

Collision
Pattern
Motor Veh
Involved
With
Dir. of
Travel 1
Movement
Prec. Coll. 1
Dir. of
Travel 2
Movement
Prec. Coll. 2
PCF Inj Severe Kill
28 10/08/2021 21:20

WORKMAN

MILL ROAD &

ALANWOOD
ROAD
In Int.

Driveway Right
Angle
Other Motor
Vehicle
West
Making Left
Turn
South
Proceeding
Straight
Auto R/W
Violation
0 0 0
49 10/21/2021 16:32

WORKMAN

MILL ROAD &
RT 60 (E)
200' South Miscellaneous
Other Motor
Vehicle
North Making U Turn North
Proceeding
Straight
Auto R/W
Violation
0 0 0
B
A
Map data ©2023 Google 1 km

3 12/26/202107:40

WORKMAN

MILLROAD&

LOMITAS
AVENUE
260' South
Midblock Fixed
Object
FixedObjectNorth
Proceeding
Straight
Improper
Turning
000
1001/14/202206:55

WORKMAN

MILLROAD&

PELLISSIER
PLACE
50' East
Midblock Fixed
Object
OtherObjectWest
Proceeding
Straight
WestStopped InRoadUnsafeSpeed000
1503/21/202218:35

WORKMAN

MILLROAD&

ALANWOOD
ROAD
In Int. D
riveway Right
Angle
OtherMotor
Vehicle
WestEnteringTrafficNorth
Proceeding
Straight
Auto R/W
Violation
000
305/27/202202:15

WORKMAN

MILLROAD&

PELLISSIER
PLACE
530' EastMiscellaneousOtherObjectSouth
Proceeding
Straight
UnsafeSpeed000
506/08/202223:25

WORKMAN

MILLROAD&

DONJULIAN
ROAD
300' North
Midblock
ParkedVehicle
ParkedMotor
Vehicle
North
Proceeding
Straight
NorthParked
Improper
Turning
000
606/14/202204:15

WORKMAN

MILLROAD&

DONJULIAN
ROAD
1056' North
Midblock Fixed
Object
FixedObjectNorth
Proceeding
Straight
Improper
Turning
000
208/18/202211:58

WORKMAN

MILLROAD&

PELLISSIER
PLACE
41' East
Midblock Fixed
Object
FixedObjectWest
OtherUnsafe
Turning
Improper
Turning
100
308/27/202203:25

WORKMAN

MILLROAD&
3RDAVENUE
66' West
Midblock Fixed
Object
FixedObjectEast
OtherUnsafe
Turning
DrivingUnder
Influence
100
111/25/202215:13

WORKMAN

MILLROAD&
RT60(W)
401' West
MidblockHead
On
OtherMotor
Vehicle
West
Proceeding
Straight
East
Proceeding
Straight
UnsafeSpeed301
612/05/202217:30

WORKMAN

MILLROAD&

LOMITAS
AVENUE
In Int. Miscellaneous
OtherMotor
Vehicle
SouthMakingUTurnNorth
Proceeding
Straight
Auto R/W
Violation
000
1001/10/202308:15

WORKMAN

MILLROAD&

LACEWOOD
DRIVE
360' West
Midblock
Sideswipe
OtherMotor
Vehicle
WestChangingLanesWest
Proceeding
Straight
UnsafeLane
Change
000
1601/13/202304:50

WORKMAN

MILLROAD&

OAKMANDRIVE
15' North
Midblock Fixed
Object
FixedObjectNorth
OtherUnsafe
Turning
Improper
Turning
000
1403/14/202316:30

WORKMAN

MILLROAD&

PELLISSIER
PLACE
150' East
DrivewayParked
Vehicle
OtherMotor
Vehicle
NorthEnteringTrafficEastStopped InRoad
Auto R/W
Violation
000
203/15/202311:30

WORKMAN

MILLROAD&
3RDAVENUE
700' South
Midblock Fixed
Object
FixedObjectNorth RanOffRoadUnsafeSpeed000

1 03/19/2023 23:50

WORKMAN

MILL ROAD &

FONTENOY
AVENUE
350' South
Midblock Fixed
Object
Fixed Object North
Proceeding
Straight
Unsafe Speed 0 0 0
34 03/20/2023 13:05

WORKMAN

MILL ROAD &

PELLISSIER
PLACE
150' East
Driveway Left
Turn
Other Motor
Vehicle
East
Proceeding
Straight
West
Making Left
Turn
Auto R/W
Violation
1 0 0
18 05/01/2023 17:25

WORKMAN

MILL ROAD &

DON JULIAN
ROAD
.2 mi North
Midblock Fixed
Object
Fixed Object North
Other Unsafe
Turning
Improper
Turning
1 0 0
4 07/04/2023 19:39

WORKMAN

MILL ROAD &

BARK DRIVE
300' South
Midblock
Sideswipe
Other Motor
Vehicle
North
Other Unsafe
Turning
North
Proceeding
Straight
Driving Under
Influence
0 0 0
Segment Length: 2.24 miles (11844')

Approx. Length (miles): 5.23
Total # Midblock Collisions: 34
Average Daily Volume: 19,662
Time (years): 2
Collision Rate = 0.45 C/MVM
Engineering and Traffic Survey
Collision Rate
Workman Mill Road
Beverly Boulevard to Crossroads Parkway South and
Pellissier Place to Valley Boulevard
Collision Rate = # midblock collisions × 106
ADT × Time(years) × 365 × Length(miles)

Approx. Length (miles): 0.25
Total # Midblock Collisions: 4
Average Daily Volume: 6,085
Time (years): 2
Collision Rate = 3.60 C/MVM
Engineering and Traffic Survey
Collision Rate
Workman Mill Road
Pellissier Place and Crossroads Parkway South
Collision Rate = # midblock collisions × 106
ADT × Time(years) × 365 × Length(miles)

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
J une 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE A
I ntersection Average Collision Rates

RURAL AREAS

I NTERSECTION CONTROLS

COLLISION

RATE (C/MV)

STANDARD DEVIATION

OF MEAN
FTA Signal 0.65
Stop Controlled 2-way 0.31 0.21
1-way 0.09 0.15
* only one sample was used

MOUNTAINOUS AREAS

I NTERSECTION CONTROLS COLLISION

RATE (C/MV)

STANDARD DEVIATION

OF MEAN
FTA Signal 0.12 0.11
Stop Controlled 2-way 0.31
1-way 0.19 0.29
* only one sample was used

URBAN AREAS

I NTERSECTION CONTROLS COLLISION

RATE (C/MV)

STANDARD DEVIATION

OF MEAN
FTA Signal 0.17 0.09
Stop Controlled
All-way 0.10 0.11
2-way 0.18 0.21
1-way 0.08 0.12
7

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
June 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE B
Mid-Block Average Collision Rates

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Rural
Roadways
Secondary
Arterial Commercial 2 ?AO mph 0.37 0.30
Secondary
Arterial
Undeveloped w/limited
residential 2 <40 mph 1.09 0.78
Secondary
Arterial
Undeveloped w/limited
residential 2 ?_40 mph 1.05 1.00
Collector Street Commercial/Residential 2 Prevailing 1.60 0.99 Local Street Commericial/Residential 2 Prevailing 2.30 2.54

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Mountainous
Roadways
Major Arter
i
al
Undeveloped w/limited
residential 2 <40 mph 1.58 1.46
Major Arterial Undeveloped w/limited
residential 2 .?_40 mph 3.24 2.73
Collector Street
Undeveloped w/limited
res
i
dential 2 Prevailing 2.24 1.25

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Urban
Roadways
Major Arterial Commercial/Residential 6+ <40 mph 1.73 0.70 Major Arterial Commercial/Residential 6+ .40 mph 1.15 0.65 Major Arterial Commercial/Residential 2-4 <40 mph 2.15 0.88 Major Arterial Commercial/Residential 2-4 z40 mph 1.15 0.09 Secondary
Arterial Commercial/Residential 2-4 <40 mph 1.32 0.74
Secondary
Arterial Commercial/Residential 2-4 .40 mph 0.84 0.27
Collector Street Commercial/Residential 2 Prevailing 1.96 0.71 Local Street Commercial/Residential 2 Prevailing 2.61 0.92 8

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
J une 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE C
Rural Area Average Collision Rates
Intersection Collision Rates

NTERSECTION I

CONTROLS

COLLISION RATE
(C/MV)

STANDARD

DEVIATION OF
MEAN
FTA Signal 0.65
Stop
Controlled
2-way 0.31 0.21
1-way 0.09 0.15
only one sample was used
Mid-Block Collision Rates

MID-BLOCK
Highway/
Operational
Classification
Land Use No. of Lanes Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION OF
MEAN
Rural
Roadways
Secondary
Arterial Commercial 2 ?40 mph 0.37 0.30
Secondary
Arterial
Undeveloped
w/limited residential 2 <40 mph 1.09 0.78
Secondary
Arterial
Undeveloped
w/limited residential 2 ?.40 mph 1.05 1.00
Collector
Street
Commercial/
Residential
2 Prevailing 1.60 0.99
Local Street Commericial/
Residential 2 Prevailing 2.30 2.54
9

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
J une 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE D
Mountainous Area Average Collision Rates
Intersection Collision Rates

INTERSECTION

CONTROLS

COLLISION RATE
(C/MV)

STANDARD

DEVIATION OF
MEAN
FTA Signal 0.12 0.11
Stop
Controlled
2-way 0.31
1-way 0.19 0.29
*only one sample was used
Mid-Block Collision Rates

MID-BLOCK
Highway/
Operational
Classification
Land Use No. of Lanes Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION OF
MEAN
Mountainous
Roadways
Major Arterial Undeveloped
w/limited residential 2 <40 mph 1.58 1.46
Major Arterial Undeveloped
w/limited residential 2 ...40 mph 3.24 2.73
Collector
Street
Undeveloped
w/limited residential 2 Prevailing 2.24 1.25
10

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
June 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE E
Urban Area Average Collision Rates
Intersection Collision Rates

INTERSECTION

CONTROLS

COLLISION RATE
(C/MV)

STANDARD

DEVIATION OF
MEAN
FTA Signal 0.10 0.07
Stop
Controlled
All-way 0.05 0.05
2-way 0.11 0.12
1-way 0.05 0.06
Mid-Block Collision Rates

MID-BLOCK
Highway/
Operational
Classification
Land Use No. of Lanes Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION OF
MEAN
Urban
Roadways
Major Arterial Commercial! Residential 6+ <40 mph 1.73 0.70 Major Arterial Commercial/ Residential 6+ _?_40 mph 1.15 0.65 Major Arterial Commercial! Residential 2-4 <40 mph 2.15 0.88Major Arterial CommerciaV Residential 2-4 _.40 mph 1.15 0.09 Secondary
Arterial
Commercial!
Residential 2-4 <40 mph 1.32 0.74
Secondary
Arterial
Commercial!
Residential 2-4 z40 mph 0.84 0.27
Collector
Street
CommerciaV
Residential 2 Prevailing 1.96 0.71
Local Street Commercial/
Residential 2 Prevailing 2.61 0.92
1 1

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 2.1 (6/2024)
Location: Clark Avenue Certification Date: 02/06/2025
Limits: Westerly terminus west of Beech Hill Avenue and Turnbull Canyon Road Segment length: 1.06 miles
Community: Hacienda Heights SD: 1
Split Jurisdiction: Yes ☒ City: Industry CHP Enforcement Jurisdiction:

RECOMMENDED SPEED LIMIT: 35 MPH Santa Fe Springs
85th PERCENTILE SPEED: 44 MPH Date of Survey: 9/26/2024 Location of Survey: Clark Avenue, west of Jarrow Avenue Posted Speed Limit: 35 MPH Radar Serial No.: PYT123400569 Collision History
Actual Collision Rate: 1.71 C/MVM Number of Collisions: 5 Expected Collision Rate: 0.84 ± 0.27 C/MVM Period: 11/2022 – 10/2024 Highway, Traffic, and Roadside Conditions
ADT (Volume): 3,773 VPD Date of Count: 11/01/2024
Location of Count: Clark Avenue, west of Jarrow Avenue
Number of Lanes: 2 Roadway Width: 42-48 FT
Roadway Separation: Double Yellow ☒ Dash/Skip Yellow ☒ Painted Median ☐ Raised Concrete Median ☐ Guardrail ☐ Other
Alignment: Horizontal Curves ☐ Vertical Curves ☐
Roadway Improvements: Sidewalk ☒ Curb ☒ Gutter ☒ Guardrail ☐ Driveways ☒ Other
Fronting Developments: Residential ☒ Commercial/Business ☒ Industrial ☒ Schools ☐ Vacant/Undeveloped ☐ Dirt Shoulders ☐ Other Churches

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 2.1 (6/2024)
Parking: NPAT ☐ NSAT ☒ Time Limit ☐ Street Sweeping ☒ Other Vehicles for sale parking restriction, Commercial vehicle parking restriction, 10 pm to 6 am parking restriction
CRS (FHWA) Roadway Classification: Major Collector
Special Considerations
Residential Density - Meets CVC 515 (Residence District): Yes☐ No ☒ Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians:

Yes (describe below in comments) ☒ No ☐
Safety of Bicyclist: Bicyclist ☐ Bike Lanes ☐ Bike Lane Class Safety of Pedestrians: Children ☐ Seniors ☐ Persons w/ Disabilities ☐ Users of Assistive Mobility Devices ☐ Unhoused ☐
Safety Corridor: Yes (describe below in comments) ☐ No ☒ Speed Reductions
The posted speed limit on Clark Avenue is 35 mph. The actual collision rate within the limits of the study is 1.71 C/MVM, which is higher than the Countywide expected rate of 0.84 ±

0.27 C/MVM. The 44 mph prevailing speed could be rounded down to 40 mph based on California Vehicle Code (CVC) Section 22358.6(c). Additionally, since Clark Avenue is adjacent to land uses and facilities that generate high concentrations of pedestrians, we recommend an additional 5 mph reduction based on the CVC Section 22358.7 Therefore, it is recommended that Clark Avenue between the study limits remain posted at 35 mph.

General Comments
Clark Avenue is adjacent to Iglesia Comunidad Misionera Cristiana, Saint Mark’s Chinese Lutheran Church, retail shops, and restaurants between the subject limits. Additionally, there are Foothill Transit stops at the intersection of Clark Avenue and Seventh Street.

ENGINEERING AND TRAFFIC SURVEY

LOS ANGELES COUNTY PUBLIC WORKS

Revision 2.1 (6/2024)
Project Engineer Civil or Traffic Engineer

City of Industry

Stamp Area (electronic or ink)

County of Los Angeles, Department of Public Works
FINALIZED Collision Rate Analysis Report
June 19, 2013
County of Los Angeles, Dept. of Public Works
2013 Collision Rate Analysis Report

TABLE B
Mid-Block Average Collision Rates

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Rural
Roadways
Secondary
Arterial Commercial 2 ?AO mph 0.37 0.30
Secondary
Arterial
Undeveloped w/limited
residential 2 <40 mph 1.09 0.78
Secondary
Arterial
Undeveloped w/limited
residential 2 ?_40 mph 1.05 1.00
Collector Street Commercial/Residential 2 Prevailing 1.60 0.99 Local Street Commericial/Residential 2 Prevailing 2.30 2.54

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Mountainous
Roadways
Major Arter
i
al
Undeveloped w/limited
residential 2 <40 mph 1.58 1.46
Major Arterial Undeveloped w/limited
residential 2 .?_40 mph 3.24 2.73
Collector Street
Undeveloped w/limited
res
i
dential 2 Prevailing 2.24 1.25

MID-BLOCK
Highway/
Operational
Classification
Land Use
No. of
Lanes
Prevailing
Speed

COLLISION
RATE
(C/MVM)

STANDARD

DEVIATION

OF MEAN
Urban
Roadways
Major Arterial Commercial/Residential 6+ <40 mph 1.73 0.70 Major Arterial Commercial/Residential 6+ .40 mph 1.15 0.65 Major Arterial Commercial/Residential 2-4 <40 mph 2.15 0.88 Major Arterial Commercial/Residential 2-4 z40 mph 1.15 0.09 Secondary
Arterial Commercial/Residential 2-4 <40 mph 1.32 0.74
Secondary
Arterial Commercial/Residential 2-4 .40 mph 0.84 0.27
Collector Street Commercial/Residential 2 Prevailing 1.96 0.71 Local Street Commercial/Residential 2 Prevailing 2.61 0.92 8

Approx. Length (miles): 1.06
Total # Midblock Collisions: 5
Average Daily Volume: 3,773
Time (years): 2
Collision Rate = 1.71 C/MVM
Engineering and Traffic Survey
Collision Rate
Camino Del Sur
Vallecito Drive to Colima Road
Collision Rate = # midblock collisions × 106
ADT × Time(years) × 365 × Length(miles)

1 Stephen Dykstra
From: Robert-Ryan Zuniga
Sent: Monday, November 25, 2024 2:09 PM
To: Stephen Dykstra
Cc: Kevin Kim; Jorge Fernandez Jr; Sharad Robertson; Gonul Johnston Subject: RE: Radar Gun PYT123400569 certification
Attachments: PYT123400569 Certification.pdf
Hello Steve,
Yes, that’s correct. Radar Speed Gun - PYT123400569, were calibrated using Tuning Fork SN 77214 and SN 76922 by MPH Industries prior to the purchase of the equipment.

If you have any other question, just please let me know.

Thank you!
Robert Ryan J. Zuniga
Supervising Civil Engineering Technician
Los Angeles County Public Works
(626) 300-4818
From: Stephen Dykstra <[email protected]>
Sent: Friday, November 22, 2024 2:19 PM
To: Robert-Ryan Zuniga <[email protected]>
Cc: Kevin Kim <[email protected]>; Jorge Fernandez Jr <[email protected]>; Sharad Robertson <[email protected]>; Gonul Johnston <[email protected]> Subject: Radar Gun PYT123400569 certification
Robert,
Can you please confirm that Tuning Fork SN 76922 certified on 6/8/2023 and Tuning Fork SN 77214 certified on 7/10/2023 were used to calibrate radar speed gun PYT123400569? The certificates for these tuning forks are attached to the email.

Stephen Dykstra, PE, TE, PTOE
Civil Engineer
Los Angeles County Public Works
Office: (626) 300-4762
Mobile: (626) 669-5136

ITEM NO. 6.3

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
James Cramsie, Sr. Director of Engineering
Arlene Lopez, Sr. Project Manager
DATE: May 8, 2025
SUBJECT: Consideration of authorization to advertise for public bids for Contract No.

CITY-1501, Kella Avenue and Rooks Road Storm Drain and Pavement Rehabilitation, for an estimated cost of $1,132,000.00
Background:

Kella Avenue is located on the far west end of the City and is the sole access to a residential neighborhood that is located in unincorporated Los Angeles County. There has been a history of minor street flooding and standing water along Kella Avenue during rain events, which has caused deterioration of the pavement and has the potential to impact access to the residential neighborhood. Plans and specifications have been prepared for the street rehabilitation of Kella Avenue and Rooks Road and for construction of a storm drain in Kella Avenue. This project will be implemented as Agreement No. CITY-1501, subject to the approval of the City Council.

Discussion:

The pavement on Kella Avenue from Rooks Road to the northerly City limit and on Rooks Road from Kella Avenue to Peck Road is severely distressed and in need of rehabilitation.

Additionally, insufficient slope along the curb and gutter on Kella Avenue results in standing water on the street surface during rainstorms. A geotechnical firm was brought in to study the pavement and underlying soil conditions on both street segments. Based on the findings and conclusions of the geotechnical investigations, it is recommended to replace the existing asphalt concrete pavement on both streets. Furthermore, analysis of the existing slopes on Kella Avenue shows the most cost effective solution to alleviate the current drainage deficiency on the roadway is to remove and reconstruct the existing easterly curb and gutter along the entire length of Kella Avenue within the City. In addition, a catch basin will be constructed at the low point along the westerly curb and gutter near the City limit and carry the captured flow in a new 24-inch RCP to the existing storm drain in Rooks Road.

This project was previously authorized by the City Council to advertise for public bids on February 6, 2023. There were delays in the project due to the relocation of existing utilities in advance of the project. Additionally, this work requires a Caltrans encroachment permit for traffic control purposes and that process is nearly complete. Furthermore, additional coordination with LA County was needed for the coordination of adjacent projects along Peck Rd.

Fiscal Impact:

The estimated cost for this project is $1,132,000.00.

Recommendation:

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

Exhibits:

1. Notice of Inviting Bids

2. Engineers Estimate

3. Section A – Pages A-1 through A-8

4. Reduced Set of Project Plans

Contract No. CITY-1501 – Specifications

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 501

KELLA AVENUE AND ROOKS ROAD STORM DRAIN AND PAVEMENT REHABILITATION CONTRACT NO. CITY-1501
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 Wednesday, June 18, 2025, via the City of Industry’s PlanetBidsTM vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

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

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

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

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

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

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless 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.

ATTACHMENT A

Contract No. CITY-1501 – Specifications
The Scope of Work is as follows: Asphalt concrete and Portland Cement removal, construction, and repair, concrete sidewalk removal and reconstruction, trenching, storm drain and catch basin construction, traffic control, and signing and striping Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Friday, June 6, 2025 at 5:00 P.M.

Contract No. CITY-1501 – Specifications

CITY OF INDUSTRY
PROJECT NO. 501

KELLA AVENUE AND ROOKS ROAD STORM DRAIN AND PAVEMENT REHABILITATION CONTRACT NO. CITY-1501
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 May 8, 2025
Julie Gutierrez-Robles, City Clerk

Contract No. CITY-1501 – Specifications
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 501

KELLA AVENUE AND ROOKS ROAD STORM DRAIN AND PAVEMENT

REHABILITATION
CONTRACT NO. CITY-1501

ENGINEER'S ESTIMATE
$1,132,000.00

ATTACHMENT B

Contract No. CITY-1501 – Specifications A-1

SECTION A

CITY OF INDUSTRY
PROJECT NO. 501

KELLA AVENUE AND ROOKS ROAD STORM DRAIN AND PAVEMENT

REHABILITATION
CONTRACT NO. CITY-1501
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 Wednesday, June 18, 2025, via the City of Industry’s PlanetBidsTM vendor portal. Bids are to be submitted through https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

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

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

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

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

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless 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: Asphalt concrete and Portland Cement removal, construction, and repair, concrete sidewalk removal and reconstruction, trenching, storm drain and catch basin construction, traffic control, and signing and striping

ATTACHMENT C

Contract No. CITY-1501 – Specifications A-2
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Friday, June 6, 2025 at 5:00 P.M.

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

If the bid guarantee is a Cashier’s Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier’s Check shall be sealed in an envelope, endorsed as follows: CITY-1501 - KELLA AVENUE AND ROOKS ROAD STORM DRAIN AND PAVEMENT REHABILITATION, 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 PlanetBidsTM, 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 B+:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.

CONTRACTOR

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

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified

Contract No. CITY-1501 – Specifications A-3
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 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-1501 – Specifications A-4
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 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-1501 – Specifications A-5
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-1501 – Specifications A-6
Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

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

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

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

Contract No. CITY-1501 – Specifications A-7

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:
(i) 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.

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

Contract No. CITY-1501 – Specifications A-8
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 May 8, 2025.

Julie Gutierrez-Robles, City Clerk

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

ATTACHMENT D

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY
INCORPORATED JUNE 18, 1957
P.O. Box 3366, City of Industry, California 91744
Administrative Offices: 15625 Mayor Dave Way
(626) 333-2211

E N G I N E E R I N G

CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END KEEP RIGHT CONSTRUCTION END WORK ROAD AHEAD CONSTRUCTION END CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

CONSTRUCTION END WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END KEEP LEFT KEEP RIGHT KEEP RIGHT CONSTRUCTION END CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

CONSTRUCTION END WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END KEEP LEFT KEEP RIGHT KEEP RIGHT CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

CONSTRUCTION END WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END KEEP RIGHT LEFT LANE MUST TURN LEFT LEFT LANE MUST TURN LEFT NARROW LANE KEEP RIGHT KEEP RIGHT LEFT LANE MUST TURN LEFT WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END WORK ROAD AHEAD KEEP RIGHT CONSTRUCTION END CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

CONSTRUCTION END WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END WORK ROAD AHEAD NARROW LANE KEEP RIGHT LEFT LANE MUST TURN LEFT KEEP RIGHT ONLY ONLY LEFT LANE MUST TURN LEFT LEFT LANE MUST TURN LEFT KEEP RIGHT CONSTRUCTION END CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

CONSTRUCTION END WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END KEEP RIGHT KEEP RIGHT WORK ROAD AHEAD NARROW LANE MUST RIGHT LANE TURN RIGHT WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END MUST RIGHT LANE TURN RIGHT CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD WORK ROAD AHEAD CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END KEEP RIGHT WORK ROAD AHEAD DETOUR SHOULDER NO DETOUR DETOUR END DETOUR ONLY LEFT LANE CLOSE AHEAD WORK ROAD AHEAD AHEAD CONSTRUCTION END WORK ROAD AHEAD NARROW LANE CONSTRUCTION END CITY OF INDUSTRY INCORPORATED JUNE 18, 1957 P.O. Box 3366, City of Industry, California 91744 Administrative Offices: 15625 Mayor Dave Way (626) 333-2211 E N G I N E E R I N G

ITEM NO. 6.4

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Yamini Pathak, Finance Director
Yvette Padilla, Management Analyst II
DATE: May 8, 2025
SUBJECT: Consideration of Amendment No. 2 to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP, for Auditing Services, extending the term through June 30, 2029, increasing compensation by $357,995.00, and updating the Rate Schedule Background:

On or about April 27, 2023, the City entered into a Professional Services Agreement (“Agreement”) with Rogers, Anderson, Malody & Scott, LLP (“RAMS”) for auditing services, in the amount of $82,995.00 through June 30, 2024. On May 23, 2024, Amendment No. 1 was approved to extend the term through June 30, 2025, with an increase of $82,995.00.

Discussion:

RAMS has continued to demonstrate exceptional service throughout the auditing process for the City and its entities. The City is pleased with the level of service provided. Currently, the audit for Industry Public Utilities Commission (“IPU”) and Industry Property Housing Management Authority (“IPHMA”) are under the City Agreement for services. However, starting with fiscal year ending June 30, 2026, IPU and IPHMA will have their audits conducted under their own Agreement. At that time, Staff will present a proposed new agreement to the respective Boards for review and approval.

Under the terms of the Agreement, there are three, one-year extensions. Amendment No. 2 is the second extension, and also increases compensation by $82,995.00. In addition, the City and RAMS wish to extend the agreement for another three (3) years, in lieu of executing the third (3) and final extension next year. As such, RAMS will perform City audits through fiscal year ending 2028, with a companion increase in compensation of additional $275,000.00, including the cost of single audit and related reports if required.

Fiscal Impact:

The total fiscal impact is $357,995.00 for audit related to fiscal years ending June 2025 through June 2028. Costs for audit work to be performed through June 30, 2028 will be appropriated in General Fund – Finance- Professional Services (Account 100-506-5120.01) as part of the respective fiscal year adopted budget.

Recommendation:

Staff recommends that the City Council approve Amendment No. 2.

Exhibits:

1. Amendment No. 2 to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP, dated May 8, 2024

1 AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH

ROGERS, ANDERSON, MALODY, & SCOTT, LLP
This Amendment No. 2 to the Professional Services Agreement (“Agreement”), is made and entered into this 8th day of May, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Rogers, Anderson, Malody, & Scott, LLP, a California Limited Liability Partnership (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, on or about April 27, 2023, the Agreement was entered into and executed between the City and Rogers, Anderson, Malody, & Scott, LLP (“RAMS”) to provide professional auditing services; and
WHEREAS, on or about May 23, 2024, Amendment No. 1 was approved to extend the term through June 30, 2025, and increased compensation by $82,995.00; and
WHEREAS, the Parties desire to amend the Agreement to extend the term to June 30, 2028, with a companion increase in compensation of $357,995.00 and update the Rate Schedule; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

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

Section 1. TERM
Section 1 is hereby amended to read in its entirety 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 June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

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

2 (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 Five Hundred Twenty-Three Thousand Nine Hundred Eighty-Five Dollars ($523,985.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

EXHIBIT B. RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with the Rate Schedule set forth in Attachment 1, 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 here executed this Amendment No. 2 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Rogers, Anderson, Malody & Scott, LLP
By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Scott W. Manno, Partner
Attest:

By: ____________________________________
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney

3 Attachment 1

EXHIBIT B

RATE SCHEDULE
Description of Services FY 24-25 FY 25-26 FY 26-27 FY 27-28 City audit and related reports $75,000.00 $80,400.00 $82,810.00 $85,290.00 Report on agreed-upon
procedures applied to the
Appropriations Limit Worksheets
(GANN Limit Review)
$795.00 $850.00 $880.00 $910.00
Single Audit and related reports if
required
$7,200.00 $7,720.00 $7,950.00 $8,190.00
Total $82,995.00 $88,970.00 $91,640.00 $94,390.00

ITEM NO. 6.5

ORDINANCE NO. 835

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, REPEALING ORDINANCE NO. 823 AND

APPROVING AN ADJUSTMENT TO THE MONTHLY

COMPENSATION FOR THE MEMBERS OF THE CITY COUNCIL
WHEREAS, Section 302 of the City’s Charter provides, in pertinent part, that compensation for Council Members may be increased by an Ordinance adopted in compliance with the provisions of California Government Code Section 36516.2; and WHEREAS, Government Code Section 36516.2 was repealed in 1984, and its language is now included in Government Code Section 36516(a)(4). Pursuant to Section 36516(a)(4), the amount of the salary increase for a Council Member cannot exceed five percent for each calendar year from the operative date of the last salary adjustment; and WHEREAS, on April 13, 2023, the City Council adopted Ordinance No. 823 setting the monthly compensation of Council Members at Two Thousand Six Hundred Eleven and 31/100 Dollars; and
WHEREAS, City Staff is recommending, pursuant to Government Code Section 36516(a)(4), a five (5%) increase per year since the last operative increase in July 2023. Pursuant to Staff’s recommendation, effective on July 1, 2025, the City Council’s monthly compensation shall be Two Thousand Eight Hundred Seventy-Two and 42/100 Dollars.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. Ordinance No. 823 is hereby repealed as of the effective date of this Ordinance.

Section 3. Pursuant to Section 302 of the City’s Charter, and California Government Code Section 36516(a)(4), the monthly compensation for the City Council Members effective as of July 1, 2025, shall be the sum of Two Thousand Eight Hundred Seventy-Two and 42/100 Dollars.

Section 4. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

Section 5. Effective Date. In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

Section 6. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on May 8, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_______________________________
Julie Gutierrez-Robles, City Clerk

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Arlene Lopez, Sr. Project Manager
DATE: May 8, 2025
SUBJECT: Consideration of a Pipeline Crossing Agreement with Union Pacific Railroad Company for the Fullerton Road Grade Separation project Background:

In October 2023, the Los Angeles County Sewer Maintenance District crews performed a video investigation of a 12-inch sewer line that runs underneath the Union Pacific Railroad Company (“UPRR”) right of way. It was then discovered that a steel pile had been driven through the 12- inch pipe causing a blockage in the line. It was determined that this steel pile was being installed for the construction of temporary retaining walls as part of the Fullerton Road Grade Separation project.

Discussion:

The construction plans to repair the damaged sewer were developed by the design firm for the Fullerton Road Grade Separation Project. These plans were submitted to UPRR for review as well as an application for the sewer line crossing. In order to perform the work to repair the sewer within the UPRR right of way, a Pipeline Crossing Agreement (“Agreement”) must be fully executed. Through this Agreement, UPRR will grant permission to the City to maintain and operate the 12-inch vitrified clay pipe (VCP) sewer line encased in a 30-inch steel casing and abandon the existing damaged sewer, including any appurtenances required for the operation of said pipeline.

Fiscal Impact:

There is no fiscal impact to the City. The one-time license fee of $35,440.00 will be paid for by the San Gabriel Valley Council of Governments who is administering the project.

Recommendation:

It is hereby recommended that the City Council approve the Agreement.

Exhibits:

1. Pipeline Crossline Agreement

ITEM NO. 6.6

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0800848
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 22.09, Los Angeles Subdivision
Location: City of Industry, Los Angeles County, California THIS AGREEMENT (“Agreement”) is made and entered into as of February 20, 2025, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF INDUSTRY, to be addressed at 15625 Mayor Dave Way, City of Industry, California 91744 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) twelve inch (12") VCP pipe cased in a thirty inch (30") steel casing for an underground sewage pipeline crossing only and abandon the existing undocumented pipeline crossing, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in City of Industry, Los Angeles County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated December 13, 2024, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) twelve inch (12") VCP pipe cased in a thirty inch (30") steel casing for an underground sewage pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Thirty Five Thousand Four Hundred Forty Dollars ($35,440.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0800848) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee:CITY OF INDUSTRY
Article 12.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
Article 13. SPECIAL PROVISONS - ABANDONMENT.

The abandonment of the existing undocumented pipeline shall be completed following the Guidelines for Abandonment and Removal of Subsurface Structures on Union Pacific Railroad Right of Way, marked as Exhibit D, attached hereto and hereby made a part hereof. (Signature Page to Follow)
15625 Mayor Dave Way
City Of Industry, California 91744
Attn: City Manager and Director of Public Works
SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF INDUSTRY
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________

X

91.4 362.8 1586
144.6

65.3 20 59.3
2 NA
NA
NA

19.7 13.5
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

SIGNS WILL NOT BE PROVIDED
VCP NA
SEWAGE
0 0

1.26 12
NO

STEEL PIPE NA
144.6

0.5 30
YES
OPEN
62 54

MAINLINE TRACK

33.997389
-117.893487

CITY OF INDUSTRY LOS ANGELES CA
0800848 12/13/2024

CITY OF INDUSTRY

NON-FLAMMABLE LIQUID

PIPELINE
Charlie Road
Nogales Street C/L

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Union Pacific Railroad

GUIDELINES FOR ABANDONMENT

OF SUBSURFACE UTILITY STRUCTURES

CALL BEFORE YOU DIG
1-800-336-9193
Exhibit D

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 1 Contents

1. Introduction......................................................................................................................... 2 A. Purpose ....................................................................................................................... 2

2. Abandonment Procedures .................................................................................................. 2 A. Hazardous material testing & notification ..................................................................... 2 B. Removal ...................................................................................................................... 2 C. Abandon in-place......................................................................................................... 3

3. Excavation Requirements ................................................................................................... 3 A. Shoring Design ............................................................................................................ 3 B. Track and Ground Monitoring ...................................................................................... 3 C. Excavation Safety ........................................................................................................ 3

4. Glossary ............................................................................................................................. 4

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 2

1. Introduction
A. Purpose

1. The purpose of these Guidelines is to inform 3rd party Applicants, Contractors and others outside of the Railroad of the requirements and standards for the abandonment of subsurface utility structures such as pipelines and other similar structures.

2. This document governs at all locations where the Railroad operates, regardless of track ownership or track status, either active or out of service.

2. Abandonment Procedures
A. Hazardous material testing & notification

1. Prior to either removal or abandon in-place of existing Facilities, testing for ACM, PACM, LBP and PCBs shall be completed and the results reported to the Railroad. i. ACM or PACM – Asbestos Containing Materials or Presumed Asbestos Containing Materials
ii. LBP – Lead Based Paint
iii. PCBs – PolyChlorinated Biphenyls

2. Testing results shall be emailed to [email protected] (file size limit / email is 10mb) with one of the following subject lines:
i. Reporting – Test Results
ii. Action Required – Priority Project
iii. Action Required – Request for Information/Question

3. The Railroad may require removal or consider abandon in-place of the existing Facilities upon review of the testing results.

B. Removal

1. At the time of abandonment, Facilities within Zone B shall be removed and at the cost of the owner. See Figure 2-1 for Zone identification.

2. Regarding Figure 2-1 the following additional Zone requirements apply. i. Zone A –
a. Designed shoring systems are required per Section 3A. b. Track & ground monitoring is required per Section 3B. ii. Zone B – Sloped or stepped excavations are acceptable.

Figure 2-1

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 3 C. Abandon in-place

1. The Facility shall be filled with CLSM (Controlled Low-Strength Material). This process is designed to help avoid future subsidence as the line deteriorates after abandonment. The use of low strength CLSM also allows the future removal of CLSM at a later date if deemed necessary.

2. CLSM Design
i. The CLSM material shall have an unconfined compressive strength 300psi. This provides strength while allowing future removal if necessary.
ii. The mixture shall consist of water, Portland cement, fly ash, and sound fine or coarse aggregate or both.
iii. The mix design shall allow adequate flowability without segregation of aggregates. iv. Hardening time is of prime importance and CLSM should develop 50psi in about one hour. v. The maximum layer of thickness for CLSM shall be 3 feet. vi. Additional layers shall not be placed until the CLSM has lost sufficient moisture. vii. For pipelines or structures with a depth greater than 3 feet, CLSM shall be placed in lifts. viii. Contractor should verify no voids will be present after filling the structure. ix. Access to fill pipelines shall be from off the UPRR right-of-way if possible. If excavation is required for the fill procedure, excavations shall meet requirements in Section 3.

3. Excavation Requirements
A. Shoring Design

1. For temporary earth retention design requirements on the Right-of-Way, see the Railroad Guidelines for Temporary Shoring. http://www.up.com/real_estate/roadxing/industry/index.htm B. Track and Ground Monitoring

1. See the Railroad Guidelines for Track & Ground Monitoring. https://www.up.com/real_estate/index.htm
C. Excavation Safety

1. Guardrails
i. Guardrails shall be provided to surround unattended excavations on Railroad Right-of-Way per OSHA Standard Number 1926.502 as follows:
a. The guardrail height shall be at least 42 inches above the walking surface. b. The smallest dimension for openings in the guardrail shall be no greater than 19 inches.
c. Guardrail systems shall be capable of withstanding, without failure, a force of at least 200 pounds applied within 2 inches of the top edge, in any outward or downward direction, at any point along the top edge of the guardrail.

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 4

4. Glossary
Applicant: Any party proposing to install a new, and/or abandon existing, pipelines or Wirelines on Railroad right-of-way or other Railroad operating location, regardless of track being active or out of service. This includes any contractor, employee or consultant hired by said party.

Call Before You Dig: A Union Pacific Railroad 24-hr by 7-day communication center to assist in protecting, documenting and notifying callers of other utilities installed within the Railroad right-of-way. 1-800-336-9193
Crossing: Refers to a Utility which is crossing the Railroad track(s).

Carrier Pipe: Pipe used to transport the product.

Casing Pipe: Pipe through which the carrier pipe is installed.

Cover: Distance from either the base of rail or finished grade to the top of Pipeline or Wireline.

Encroachment: Utilities on Railroad right-of-way which are generally oriented parallel with Railroad right-of-way and/or track.

Centerline of Track: An imaginary line, that runs down the center of the two rails of a track.

Construction Documents: Design plans and calculations, project and/or standard specifications, geotechnical report and drainage report.

Construction Window: A timeframe in which construction or maintenance can be performed by the Contractor with the required presence of a Flagman.

Contractor: The individual, partnership, corporation or joint venture and all principals and representatives (including Applicant’s subcontractors) with whom the contract is made by the Applicant for the construction of the Grade Separation Project.

Facility: Refers to the Applicant’s pipeline, wireline, poles, manholes, handholes, splice boxes, storage tanks and other such structures which exist as part of the Applicant’s infrastructure.

Flagman (Flagging): A qualified employee of the Railroad providing protection to and from Railroad operations per Railroad requirements.

Guidelines: Information contained in this document.

Industry Track: A secondary track designed to allow access to industries along the main track.

Main Track: A principle track, designated by Timetable or special instructions, upon which train movements are generally authorized and controlled by the train dispatcher. Main Track must not be occupied without proper authority.

Railroad Load: Cooper E-80 loading.

Railroad: Refers to Union Pacific Railroad.

Railroad Manager of Track Maintenance (MTM): Railroad representative responsible for maintenance of the track and supporting subgrade.

Right-of-Entry Agreement: An agreement between the Railroad and an Applicant or a Contractor allowing access to Railroad property.

Right-of-Way: The private property limits owned by the Railroad.

Tracks: The rails, ties and ballast and roadbed that compose the traveling surface used by trains.

Utility: Refers to a pipeline or wireline.

Wireline: Refers to electric power and communication utility systems including, but not limited to, all associated conductors, cables, support structures, and equipment.

ITEM NO. 6.7

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Sean Calvillo, Director of Operations
DATE: May 8, 2025
SUBJECT: Consideration of Resolution No. CC 2025-16 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, NAMING

THE RAILROAD STREET PAVEMENT REHABILITATION PROJECT AS
AN SB 1 PROJECT FOR FISCAL YEAR 2025-2026
Background:

On April 28, 2017, the Governor signed Senate Bill 1 (“SB 1”) (Beall, Chapter 5, Statutes of 2017) to address basic road maintenance, rehabilitation and critical safety needs on the state highway and local road system. SB 1 established requirements for holding local governments accountable for the efficient use of public funds to maintain public streets and roads. Under the provisions of SB 1, funds from the Road Maintenance and Rehabilitation Account (“RMRA”) may be used for City projects that meet certain criteria and requires that eligible cities submit a list of proposed projects to be funded with these funds pursuant to an adopted city budget.

Cities are allocated RMRA funds based on population, and in order to use the RMRA funds, projects must meet the following qualifications: considered basic road maintenance and road rehabilitation projects, and/or critical safety projects.

Discussion:

Each year, cities must submit a list of SB 1 projects by July 1. Staff will submit the Railroad Street Pavement Rehabilitation, et al. (Azusa Avenue to Fullerton Road) project (“Project”) to the State of California as the City’s designated SB 1 project for FY 2025-26. The California Transportation Commission requires that a separate resolution be adopted to identify the Project as the City’s designated SB 1 project, and that the City formally adopt SB 1 funds as part of the 2025-26 Capital Improvement Program (“CIP”) budget to receive the funds for projects. The Project is currently in the design phase, and involves removal of existing asphalt concrete pavement and aggregate base and replacing with Recycled Asphalt Concrete Pavement on Stabilized Subgrade. The work also includes curb and gutter repair, sidewalk installation to

improve mobility, curb ramp reconstruction to comply with ADA standards. The City’s estimated SB 1 allocation is $11,308.00 for FY 25-26. The design of the Project is expected to be completed by early 2026 and the high level construction estimate is around $5 million.

Therefore, at this time, Staff recommends adoption of the resolution.

Fiscal Impact:

As the SB 1 funds are allocated according to population, the City’s projected SB 1 allocation for Fiscal Year 2025-26 is $11,308.00. The Fiscal Year 2025-26 CIP budget will include the Railroad Street Pavement Rehabilitation project (MP 22-17).

Recommendation:

It is recommended that the City Council approve Resolution No. CC 2025-16 Exhibits:

1. Resolution No. CC 2025-16

1 RESOLUTION NO. CC 2025-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA NAMING THE RAILROAD STREET
PAVEMENT REHABILITATION PROJECT AS AN SB 1 PROJECT
FOR FISCAL YEAR 2025-26
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017, in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the community is aware of the projects proposed for funding in our City and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $11,308.00 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding, and the funding will enable the City to continue essential road maintenance and rehabilitation projects, as well as safety improvements; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The fiscal year 2025-26 project planned to be funded with Road Maintenance and Rehabilitation Account revenue is:

2 A. Project Title/Location: Railroad Street Pavement Rehabilitation, et al. (Azusa Avenue to Fullerton Road).

B. Project Description: Removal of the existing asphalt concrete pavement and aggregate base and replacing with Recycled Asphalt Concrete Pavement on Stabilized Subgrade. The work also includes curb and gutter repair, sidewalk installation to improve mobility, and curb ramp reconstruction.

C. Estimated Useful Life: The City’s Pavement Management system estimates a new useful life for this repaired roadway of 20 years.

D. Proposed Schedule: Ongoing design. Estimated construction start date is March 2026, and estimated construction completion by August 2026.

SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, at a regular meeting held on May 8, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_____________________________
Cory C. Moss, Mayor
ATTEST:
_____________________________________
Julie Gutierrez-Robles, City Clerk

ITEM NO. 6.8

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
James Cramsie, Sr. Director of Engineering
Arlene Lopez, Sr. Project Manager
DATE: May 8, 2025
SUBJECT: Consideration of rejection of bids Contract No. CITY-1528, Annual Pavement Rehabilitation FY 23, and authorize the City Manager to re-bid the project
Background:

On November 14, 2024, the City Council authorized solicitation of public bids for Annual Pavement Rehabilitation FY 23 project for an estimated cost of $7,501,000.00. This project was bid to procure a contractor to resurface various streets throughout the City and for the reconstruction of Bonelli St. Work consists mainly of cold milling existing asphalt concrete pavement (“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
On December 19, 2024, the bid was posted in the City’s PlanetBids™ vendor portal and an email notification was sent to 699 vendors. The bid was viewed by 71 prospective bidders. The appropriate trade journals were notified on December 19, 2024. The bid was advertised on December 24, 2024, and December 31, 2024, in the San Gabriel Valley Tribune. Questions pertaining to the bid were received up until March 21, 2025, at 5:00 p.m. in the City’s PlanetBids™ vendor portal.

Discussion:

The bid process closed on April 3, 2025. Seven (7) bids were received. After the review of all bids, it was discovered that several of the apparent low bidders had not submitted the necessary Notary Acknowledgment Forms, as specified in the project specifications. Therefore, staff recommends that the Council reject these bids and authorize the City Manager to re-bid the

project. The Specifications in the re-bid package will have explicit language relating to the requirement of providing Notary Acknowledgment Forms for each of the specified bid documents.

Below is a table of all bidders and their prices.

Bidder Bid Price
Sequel Contractors, Inc. $6,181,140.00
Gentry Brothers, Inc. $6,366,681.00
All American Asphalt $6,580,357.50
Hardy & Harper, Inc. $6,647,000.00
Sully-Miller Contracting Company $6,893,398.60
PALP dba Excel Paving Company $7,288,590.00
Toro Enterprises, Inc. $7,616,858.00
Fiscal Impact:

There is no current fiscal impact due to the rejection of bids.

Recommendation:

Upon review of the bids received, Staff recommends that the Council reject all bids and authorize the City Manager to re-bid the project.

Exhibits:

1. CITY-1528 Bid Resuls

City of Industry
Bid Results for Project ANNUAL PAVEMENT REHABILITATION FY 23 (CITY-1528) Issued on 12/19/2024
Bid Due on April 03, 2025 10:00 AM (PDT)
Exported on 04/03/2025
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Qty
Sequel
Contractors, Inc. -
Unit Price
Sequel Contractors,
Inc. - Line Total
Gentry Brothers, Inc.
- Unit Price
Gentry Brothers, Inc. -
Line Total
1 MOBILIZATION LS 1 $325,000.00 $325,000.00 $300,000.00 $300,000.00 2 PREPRATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN LS 1 $20,000.00 $20,000.00 $50,000.00 $50,000.00 3 TRAFFIC CONTROL LS 1 $615,400.00 $615,400.00 $800,000.00 $800,000.00 4 BONELLI STREET AERIALLY DEPOSITED LEAD TESTING LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 5 HAZARDOUS WASTE DISPOSAL ALLOW 1 $150,000.00 $150,000.00 $150,000.00 $150,000.00 6 REMOVE AC PAVEMENT (BONELLI STREET) SY 10500 $9.00 $94,500.00 $6.00 $63,000.00 7 COLD MILL EXISTING AC PAVEMENT, 2-1/2" SY 84700 $5.00 $423,500.00 $6.00 $508,200.00 8 COLD MILL AC PAVEMENT 2-1/2" DEPTH BELOW LIP OF GUTTER, TAPERING TO 0 INCH DEPTH, DISTANCE PER PLAN FROM EDGE OFF PCC PAVEMENT/GUTTER SY 19575 $3.00 $58,725.00 $6.00 $117,450.00 9 UNCLASSIFIED EXCAVATION (BONELLI STREET) CY 4400 $50.00 $220,000.00 $120.00 $528,000.00 10 CONSTRUCT STREET PAVE-OUT PER CITY OF INDUSTRY STD PLAN NO. 111 SF 2100 $45.00 $94,500.00 $4.00 $8,400.00
11 SAWCUT AND REMOVE EXISTING SIDEWALK INCLUDING AGGREGATE BASE SF 925 $9.00 $8,325.00 $7.00 $6,475.00
12 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE LF 420 $30.00 $12,600.00 $20.00 $8,400.00 13 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE (BONELLI STREET) LF 450 $30.00 $13,500.00 $20.00 $9,000.00 14 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE SF 6000 $13.00 $78,000.00 $7.00 $42,000.00
15 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 6200 $13.00 $80,600.00 $7.00 $43,400.00 16 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE SF 4310 $11.00 $47,410.00 $7.00 $30,170.00
17 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 420 $11.00 $4,620.00 $7.00 $2,940.00

ATTACHMENT A

Item Num Description
Unit of
Measure Qty
Sequel
Contractors, Inc. -
Unit Price
Sequel Contractors,
Inc. - Line Total
Gentry Brothers, Inc.
- Unit Price
Gentry Brothers, Inc. -
Line Total
18 ASPHALT CONCRETE PAVEMENT TON 19950 $128.00 $2,553,600.00 $103.00 $2,054,850.00 19 CRUSHED AGGREGATE BASE CY 4600 $40.00 $184,000.00 $60.00 $276,000.00 20 FURNISH AND INSTALL 3/8" ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) SY 51640 $4.50 $232,380.00 $6.00 $309,840.00 21 Tensar InterAX NXP GEOGRID, OR APPROVED EQUAL SY 10500 $9.00 $94,500.00 $11.00 $115,500.00 22 CONSTRUCT CONCRETE PAVEMENT TRANSITION PANEL PER CALTRANS STANDARD PLAN NO. P30. SF 525 $30.00 $15,750.00 $20.00 $10,500.00 23 CONSTRUCT TYPE A2-8 PCC CURB AND GUTTER (W=2') PER CITY OF INDUSTRY STD. PLAN NO. 112 LF 930 $60.00 $55,800.00 $80.00 $74,400.00 24 CONSTRUCT PCC CURB AND GUTTER FOR DRIVEWAYS PER CITY OF INDUSTRY STD. PLAN NO. 114 LF 200 $60.00 $12,000.00 $80.00 $16,000.00 25 CONSTRUCT PEDESTRIAN RAMP, INCLUDING DETECTABLE WARNING SURFACE PER CALTRANS STANDARD PLAN NO. A88A, CASE PER PLAN SF 5100 $18.00 $91,800.00 $40.00 $204,000.00 26 CONSTRUCT PCC DRIVEWAY PER DETAIL B, SHEET 2, INCLUDING ADJACENT CURB AND GUTTER SF 12200 $16.00 $195,200.00 $11.00 $134,200.00 27 CONSTRUCT 4" PCC SIDEWALK PER CITY OF INDUSTRY STD. PLAN NO 115 SF 925 $14.00 $12,950.00 $9.00 $8,325.00
28 ADJUST MANHOLE COVER AND FRAME TO FINISHED GRADE EA 77 $1,300.00 $100,100.00 $800.00 $61,600.00 29 ADJUST WATER OR GAS VALVE COVER AND FRAME TO FINISHED GRADE. EA 74 $600.00 $44,400.00 $125.00 $9,250.00
30 RESTORE TRAFFIC LOOP DETECTORS EA 33 $700.00 $23,100.00 $525.00 $17,325.00 31 REPAINT CURB RED LF 33100 $2.00 $66,200.00 $2.40 $79,440.00 32 REPAINT RED CURB (BONELLI STREET) LF 3200 $2.00 $6,400.00 $2.40 $7,680.00 33 REPAINT YELLOW CURB LF 140 $2.00 $280.00 $2.40 $336.00 34 PAVEMENT MARKERS, MARKINGS AND TRAFFIC STRIPING LS 1 $225,000.00 $225,000.00 $300,000.00 $300,000.00 35 RESTORE DRIVEWAY LOOP DETECTOR EA 1 $6,000.00 $6,000.00 $5,000.00 $5,000.00 Subtotal $6,181,140.00 $6,366,681.00
Total $6,181,140.00 $6,366,681.00

City of Industry
Bid Results for Project ANNUAL PAVEMENT REHABILITATION FY 23 (CITY-1528) Issued on 12/19/2024
Bid Due on April 03, 2025 10:00 AM (PDT)
Exported on 04/03/2025
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Qty
1 MOBILIZATION LS 1
2 PREPRATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN LS 1
3 TRAFFIC CONTROL LS 1
4 BONELLI STREET AERIALLY DEPOSITED LEAD TESTING LS 1
5 HAZARDOUS WASTE DISPOSAL ALLOW 1
6 REMOVE AC PAVEMENT (BONELLI STREET) SY 10500
7 COLD MILL EXISTING AC PAVEMENT, 2-1/2" SY 84700
8 COLD MILL AC PAVEMENT 2-1/2" DEPTH BELOW LIP OF GUTTER, TAPERING TO 0 INCH DEPTH, DISTANCE PER PLAN FROM EDGE OFF PCC PAVEMENT/GUTTER SY 19575
9 UNCLASSIFIED EXCAVATION (BONELLI STREET) CY 4400
10 CONSTRUCT STREET PAVE-OUT PER CITY OF INDUSTRY STD PLAN NO. 111 SF 2100
11 SAWCUT AND REMOVE EXISTING SIDEWALK INCLUDING AGGREGATE BASE SF 925
12 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE LF 420
13 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE (BONELLI STREET) LF 450
14 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE SF 6000
15 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 6200
16 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE SF 4310
17 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 420
All American
Asphalt - Unit Price
All American Asphalt -
Line Total
Hardy & Harper, Inc -
Unit Price
Hardy & Harper, Inc -
Line Total
$250,000.00 $250,000.00 $147,597.00 $147,597.00
$13,500.00 $13,500.00 $17,750.00 $17,750.00
$265,000.00 $265,000.00 $295,000.00 $295,000.00
$7,800.00 $7,800.00 $70,000.00 $70,000.00
$150,000.00 $150,000.00 $150,000.00 $150,000.00
$19.00 $199,500.00 $7.00 $73,500.00
$6.85 $580,195.00 $5.00 $423,500.00
$4.50 $88,087.50 $6.00 $117,450.00
$135.00 $594,000.00 $120.00 $528,000.00
$32.00 $67,200.00 $36.00 $75,600.00
$11.00 $10,175.00 $8.40 $7,770.00
$32.00 $13,440.00 $50.00 $21,000.00
$32.00 $14,400.00 $48.00 $21,600.00
$12.00 $72,000.00 $16.00 $96,000.00
$12.00 $74,400.00 $16.00 $99,200.00
$10.00 $43,100.00 $9.00 $38,790.00
$10.00 $4,200.00 $8.00 $3,360.00

Item Num Description
Unit of
Measure Qty
18 ASPHALT CONCRETE PAVEMENT TON 19950
19 CRUSHED AGGREGATE BASE CY 4600
20 FURNISH AND INSTALL 3/8" ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) SY 51640
21 Tensar InterAX NXP GEOGRID, OR APPROVED EQUAL SY 10500 22 CONSTRUCT CONCRETE PAVEMENT TRANSITION PANEL PER CALTRANS STANDARD PLAN NO. P30. SF 525
23 CONSTRUCT TYPE A2-8 PCC CURB AND GUTTER (W=2') PER CITY OF INDUSTRY STD. PLAN NO. 112 LF 930
24 CONSTRUCT PCC CURB AND GUTTER FOR DRIVEWAYS PER CITY OF INDUSTRY STD. PLAN NO. 114 LF 200
25 CONSTRUCT PEDESTRIAN RAMP, INCLUDING DETECTABLE WARNING SURFACE PER CALTRANS STANDARD PLAN NO. A88A, CASE PER PLAN SF 5100 26 CONSTRUCT PCC DRIVEWAY PER DETAIL B, SHEET 2, INCLUDING ADJACENT CURB AND GUTTER SF 12200
27 CONSTRUCT 4" PCC SIDEWALK PER CITY OF INDUSTRY STD. PLAN NO 115 SF 925
28 ADJUST MANHOLE COVER AND FRAME TO FINISHED GRADE EA 77 29 ADJUST WATER OR GAS VALVE COVER AND FRAME TO FINISHED GRADE. EA 74
30 RESTORE TRAFFIC LOOP DETECTORS EA 33
31 REPAINT CURB RED LF 33100
32 REPAINT RED CURB (BONELLI STREET) LF 3200
33 REPAINT YELLOW CURB LF 140
34 PAVEMENT MARKERS, MARKINGS AND TRAFFIC STRIPING LS 1 35 RESTORE DRIVEWAY LOOP DETECTOR EA 1
All American
Asphalt - Unit Price
All American Asphalt -
Line Total
Hardy & Harper, Inc -
Unit Price
Hardy & Harper, Inc -
Line Total
$128.00 $2,553,600.00 $135.00 $2,693,250.00
$50.00 $230,000.00 $75.00 $345,000.00
$5.00 $258,200.00 $5.10 $263,364.00
$12.00 $126,000.00 $11.60 $121,800.00
$50.00 $26,250.00 $47.00 $24,675.00
$70.00 $65,100.00 $115.00 $106,950.00
$70.00 $14,000.00 $112.00 $22,400.00
$35.00 $178,500.00 $18.00 $91,800.00
$25.00 $305,000.00 $34.00 $414,800.00
$16.00 $14,800.00 $19.00 $17,575.00
$1,400.00 $107,800.00 $1,285.00 $98,945.00
$600.00 $44,400.00 $1,286.00 $95,164.00
$495.00 $16,335.00 $500.00 $16,500.00
$2.00 $66,200.00 $1.00 $33,100.00
$2.00 $6,400.00 $1.00 $3,200.00
$2.00 $280.00 $1.00 $140.00
$120,000.00 $120,000.00 $111,720.00 $111,720.00
$495.00 $495.00 $500.00 $500.00
$6,580,357.50 $6,647,000.00
$6,580,357.50 $6,647,000.00

City of Industry
Bid Results for Project ANNUAL PAVEMENT REHABILITATION FY 23 (CITY-1528) Issued on 12/19/2024
Bid Due on April 03, 2025 10:00 AM (PDT)
Exported on 04/03/2025
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Qty
1 MOBILIZATION LS 1
2 PREPRATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN LS 1
3 TRAFFIC CONTROL LS 1
4 BONELLI STREET AERIALLY DEPOSITED LEAD TESTING LS 1
5 HAZARDOUS WASTE DISPOSAL ALLOW 1
6 REMOVE AC PAVEMENT (BONELLI STREET) SY 10500
7 COLD MILL EXISTING AC PAVEMENT, 2-1/2" SY 84700
8 COLD MILL AC PAVEMENT 2-1/2" DEPTH BELOW LIP OF GUTTER, TAPERING TO 0 INCH DEPTH, DISTANCE PER PLAN FROM EDGE OFF PCC PAVEMENT/GUTTER SY 19575
9 UNCLASSIFIED EXCAVATION (BONELLI STREET) CY 4400
10 CONSTRUCT STREET PAVE-OUT PER CITY OF INDUSTRY STD PLAN NO. 111 SF 2100
11 SAWCUT AND REMOVE EXISTING SIDEWALK INCLUDING AGGREGATE BASE SF 925
12 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE LF 420
13 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE (BONELLI STREET) LF 450
14 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE SF 6000
15 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 6200
16 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE SF 4310
17 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 420

SULLY-MILLER

CONTRACTING
COMPANY - Unit
Price

SULLY-MILLER

CONTRACTING
COMPANY - Line Total
PALP dba Excel
Paving Company -
Unit Price
PALP dba Excel Paving
Company - Line Total
$334,211.30 $334,211.30 $698,000.00 $698,000.00
$35,000.00 $35,000.00 $25,000.00 $25,000.00
$635,000.00 $635,000.00 $236,000.00 $236,000.00
$20,000.00 $20,000.00 $9,000.00 $9,000.00
$150,000.00 $150,000.00 $150,000.00 $150,000.00
$16.50 $173,250.00 $30.00 $315,000.00
$6.30 $533,610.00 $6.00 $508,200.00
$3.50 $68,512.50 $3.00 $58,725.00
$74.00 $325,600.00 $149.00 $655,600.00
$27.00 $56,700.00 $39.00 $81,900.00
$13.00 $12,025.00 $8.00 $7,400.00
$71.00 $29,820.00 $31.00 $13,020.00
$67.00 $30,150.00 $39.00 $17,550.00
$21.00 $126,000.00 $15.00 $90,000.00
$21.00 $130,200.00 $16.00 $99,200.00
$14.00 $60,340.00 $10.00 $43,100.00
$14.00 $5,880.00 $11.00 $4,620.00

Item Num Description
Unit of
Measure Qty
18 ASPHALT CONCRETE PAVEMENT TON 19950
19 CRUSHED AGGREGATE BASE CY 4600
20 FURNISH AND INSTALL 3/8" ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) SY 51640
21 Tensar InterAX NXP GEOGRID, OR APPROVED EQUAL SY 10500 22 CONSTRUCT CONCRETE PAVEMENT TRANSITION PANEL PER CALTRANS STANDARD PLAN NO. P30. SF 525
23 CONSTRUCT TYPE A2-8 PCC CURB AND GUTTER (W=2') PER CITY OF INDUSTRY STD. PLAN NO. 112 LF 930
24 CONSTRUCT PCC CURB AND GUTTER FOR DRIVEWAYS PER CITY OF INDUSTRY STD. PLAN NO. 114 LF 200
25 CONSTRUCT PEDESTRIAN RAMP, INCLUDING DETECTABLE WARNING SURFACE PER CALTRANS STANDARD PLAN NO. A88A, CASE PER PLAN SF 5100 26 CONSTRUCT PCC DRIVEWAY PER DETAIL B, SHEET 2, INCLUDING ADJACENT CURB AND GUTTER SF 12200
27 CONSTRUCT 4" PCC SIDEWALK PER CITY OF INDUSTRY STD. PLAN NO 115 SF 925
28 ADJUST MANHOLE COVER AND FRAME TO FINISHED GRADE EA 77 29 ADJUST WATER OR GAS VALVE COVER AND FRAME TO FINISHED GRADE. EA 74
30 RESTORE TRAFFIC LOOP DETECTORS EA 33
31 REPAINT CURB RED LF 33100
32 REPAINT RED CURB (BONELLI STREET) LF 3200
33 REPAINT YELLOW CURB LF 140
34 PAVEMENT MARKERS, MARKINGS AND TRAFFIC STRIPING LS 1 35 RESTORE DRIVEWAY LOOP DETECTOR EA 1

SULLY-MILLER

CONTRACTING
COMPANY - Unit
Price

SULLY-MILLER

CONTRACTING
COMPANY - Line Total
PALP dba Excel
Paving Company -
Unit Price
PALP dba Excel Paving
Company - Line Total
$125.00 $2,493,750.00 $118.00 $2,354,100.00
$67.00 $308,200.00 $100.00 $460,000.00
$5.00 $258,200.00 $6.00 $309,840.00
$11.00 $115,500.00 $8.00 $84,000.00
$16.00 $8,400.00 $81.00 $42,525.00
$88.00 $81,840.00 $86.00 $79,980.00
$88.00 $17,600.00 $87.00 $17,400.00
$29.00 $147,900.00 $30.00 $153,000.00
$26.00 $317,200.00 $29.00 $353,800.00
$22.00 $20,350.00 $18.00 $16,650.00
$1,550.00 $119,350.00 $1,400.00 $107,800.00
$1,050.00 $77,700.00 $800.00 $59,200.00
$475.00 $15,675.00 $490.00 $16,170.00
$1.92 $63,552.00 $3.00 $99,300.00
$1.92 $6,144.00 $3.00 $9,600.00
$1.92 $268.80 $3.00 $420.00
$114,995.00 $114,995.00 $112,000.00 $112,000.00
$475.00 $475.00 $490.00 $490.00
$6,893,398.60 $7,288,590.00
$6,893,398.60 $7,288,590.00

City of Industry
Bid Results for Project ANNUAL PAVEMENT REHABILITATION FY 23 (CITY-1528) Issued on 12/19/2024
Bid Due on April 03, 2025 10:00 AM (PDT)
Exported on 04/03/2025
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Qty
1 MOBILIZATION LS 1
2 PREPRATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN LS 1
3 TRAFFIC CONTROL LS 1
4 BONELLI STREET AERIALLY DEPOSITED LEAD TESTING LS 1
5 HAZARDOUS WASTE DISPOSAL ALLOW 1
6 REMOVE AC PAVEMENT (BONELLI STREET) SY 10500
7 COLD MILL EXISTING AC PAVEMENT, 2-1/2" SY 84700
8 COLD MILL AC PAVEMENT 2-1/2" DEPTH BELOW LIP OF GUTTER, TAPERING TO 0 INCH DEPTH, DISTANCE PER PLAN FROM EDGE OFF PCC PAVEMENT/GUTTER SY 19575
9 UNCLASSIFIED EXCAVATION (BONELLI STREET) CY 4400
10 CONSTRUCT STREET PAVE-OUT PER CITY OF INDUSTRY STD PLAN NO. 111 SF 2100
11 SAWCUT AND REMOVE EXISTING SIDEWALK INCLUDING AGGREGATE BASE SF 925
12 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE LF 420
13 SAWCUT AND REMOVE EXISTING PCC CURB AND GUTTER INCLUDING AGGREGATE BASE (BONELLI STREET) LF 450
14 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE SF 6000
15 SAWCUT AND REMOVE EXISTING DRIVEWAY, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 6200
16 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE SF 4310
17 SAWCUT AND REMOVE PEDESTRIAN RAMP, INCLUDING AGGREGATE BASE (BONELLI STREET) SF 420
Toro Enterprises,
Inc. - Unit Price
Toro Enterprises, Inc.
- Line Total
$482,000.00 $482,000.00
$55,000.00 $55,000.00
$650,000.00 $650,000.00
$55,000.00 $55,000.00
$150,000.00 $150,000.00
$11.50 $120,750.00
$6.85 $580,195.00
$4.60 $90,045.00
$90.00 $396,000.00
$38.00 $79,800.00
$6.50 $6,012.50
$44.00 $18,480.00
$45.00 $20,250.00
$10.50 $63,000.00
$10.85 $67,270.00
$7.00 $30,170.00
$13.00 $5,460.00

Item Num Description
Unit of
Measure Qty
18 ASPHALT CONCRETE PAVEMENT TON 19950
19 CRUSHED AGGREGATE BASE CY 4600
20 FURNISH AND INSTALL 3/8" ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) SY 51640
21 Tensar InterAX NXP GEOGRID, OR APPROVED EQUAL SY 10500 22 CONSTRUCT CONCRETE PAVEMENT TRANSITION PANEL PER CALTRANS STANDARD PLAN NO. P30. SF 525
23 CONSTRUCT TYPE A2-8 PCC CURB AND GUTTER (W=2') PER CITY OF INDUSTRY STD. PLAN NO. 112 LF 930
24 CONSTRUCT PCC CURB AND GUTTER FOR DRIVEWAYS PER CITY OF INDUSTRY STD. PLAN NO. 114 LF 200
25 CONSTRUCT PEDESTRIAN RAMP, INCLUDING DETECTABLE WARNING SURFACE PER CALTRANS STANDARD PLAN NO. A88A, CASE PER PLAN SF 5100 26 CONSTRUCT PCC DRIVEWAY PER DETAIL B, SHEET 2, INCLUDING ADJACENT CURB AND GUTTER SF 12200
27 CONSTRUCT 4" PCC SIDEWALK PER CITY OF INDUSTRY STD. PLAN NO 115 SF 925
28 ADJUST MANHOLE COVER AND FRAME TO FINISHED GRADE EA 77 29 ADJUST WATER OR GAS VALVE COVER AND FRAME TO FINISHED GRADE. EA 74
30 RESTORE TRAFFIC LOOP DETECTORS EA 33
31 REPAINT CURB RED LF 33100
32 REPAINT RED CURB (BONELLI STREET) LF 3200
33 REPAINT YELLOW CURB LF 140
34 PAVEMENT MARKERS, MARKINGS AND TRAFFIC STRIPING LS 1 35 RESTORE DRIVEWAY LOOP DETECTOR EA 1
Toro Enterprises,
Inc. - Unit Price
Toro Enterprises, Inc.
- Line Total
$140.00 $2,793,000.00
$95.50 $439,300.00
$4.90 $253,036.00
$12.00 $126,000.00
$75.00 $39,375.00
$113.00 $105,090.00
$115.00 $23,000.00
$33.00 $168,300.00
$31.00 $378,200.00
$27.50 $25,437.50
$1,550.00 $119,350.00
$510.00 $37,740.00
$520.00 $17,160.00
$1.80 $59,580.00
$1.90 $6,080.00
$1.80 $252.00
$156,000.00 $156,000.00
$525.00 $525.00
$7,616,858.00
$7,616,858.00

ITEM NO. 6.9

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: May 8, 2025
SUBJECT: Consideration of Resolution No. CC 2025-15 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING A DONATION TO THE LEARNING CENTERS AT

FAIRPLEX, IN THE AMOUNT OF TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00), FOR PARTICIPATION AND DISPLAY IN THE

FAIRPLEX GARDEN RAILROAD DURING THE LOS ANGELES COUNTY
FAIR
Background:

The Learning Centers at Fairplex (“TLC”) is a non-profit organization that partners with Fairplex to provide a wide spectrum of innovative and enriching educational experiences, such as handson exhibits and workshops, interactive programming at the L.A. County Fair (“Fair”), vocational training, leadership opportunities, early childhood education, and parent support services.

Discussion:

Each year, TLC participates in the Fair by providing tours of the Fairplex Garden Railroad (“Railroad”). The Railroad consists of hand-made replicas of real railroad operating equipment and has over 10,000 feet of operating track with several scenes depicting California history from the 1850’s to present day. In 2022, the City of Industry scene was expanded to include the development and expansion of the CC Stafford Mill and to provide visitors with a QR to tell the story of the history of the City. The City’s donation of $2,500.00 for the display will support the Fairplex Garden Railroad.

Fiscal Impact:

In the Fiscal Year 2024/25 budget, $371,000.00 was approved for Donations for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5602).

Recommendation:

Staff recommends that the City Council adopt Resolution No. CC 2025-15.

Exhibits:

1. Resolution No. CC 2025-15

RESOLUTION NO. CC 2025-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE

LEARNING CENTERS AT FAIRPLEX, IN THE AMOUNT OF TWO
THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), FOR

PARTICIPATION AND DISPLAY IN THE FAIRPLEX GARDEN

RAILROAD DURING THE LOS ANGELES COUNTY FAIR

RECITALS
WHEREAS, the Learning Centers at Fairplex (“TLC”) is a non-profit organization that partners with Fairplex to provide a wide spectrum of innovative and enriching education experiences, such as hands-on exhibits and workshops, interactive programming at the L.A. County Fair (“Fair”), vocational training, leadership opportunities, early childhood education, and parent support services; and WHEREAS, each year, TLC participates in the Fair by providing tours of the Fairplex Garden Railroad (“Railroad”), which consists of hand-made replicas of real railroad operating equipment and has over 10,000 feet of operating track with several scenes depicting California history from the 1850’s to present day; and WHEREAS, in 2022, the City of Industry scene was expanded to include the development and expansion of the CC Stafford Mill and to provide visitors with QR code to tell the story of the history of the City; and
WHEREAS, the City’s donation of $2,500.00 for the display will support the Fairplex Garden Railroad; and
WHEREAS, the City’s donation serves a public purpose in that it supports an organization that provides enriching educational experiences and services to the community; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

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

SECTION 2: the City’s donation serves a public purpose in that it supports an organization that provides enriching educational experiences and services to the community.

SECTION 3: The City Council hereby approves the donation of Two Thousand Five Hundred Dollars ($2,500.00) to the TLC for participation and display in the Fairplex Garden Railroad during the Fair.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on May 8, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk

ITEM NO. 6.10

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: May 8, 2025
SUBJECT: Consideration of Resolution No. CC 2025-14 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO MEGAN’S WINGS INC., IN THE
AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00), FOR ITS

PATIENT AID PROGRAMS
Background:

Megan’s Wings Inc., (“Megan’s Wings”) is a non-profit organization that provides financial aid and emotional support programs to families with children facing pediatric cancer who are experiencing financial hardship due to their child’s illness. Since 2018, the City has been a supporter of this organization by donating to the annual run/walk, providing aid to families during the pandemic, and becoming a Corporate Program Partner in 2021.

Discussion:

Megan’s Wings reached out to the City to request a donation in support of its Patient Aid Programs (“Program”), which assist low to moderate income and single-parent families in meeting essential needs when a caregiver is unable to work during their child’s cancer treatment. These programs help families facing significant financial hardships, that are often losing up to 50% of their income by providing support for housing, transportation, groceries, and medical expenses. The City’s donation of $30,000.00 along with other fundraising efforts will allow Megan’s Wings to provide critical relief and stability to families by helping them focus on their child’s health without the financial burden.

Fiscal Impact:

In the Fiscal Year 2024/25 budget, $371,000.00 was approved for Donations for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5602).

Recommendation:

Staff recommends that the City Council adopt Resolution No. CC 2025-14.

Exhibits:

1. Resolution No. CC 2025-14

2. COI Megans Wings Donation 2025

RESOLUTION NO. CC 2025-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO
MEGAN’S WINGS, INC., IN THE AMOUNT OF THIRTY THOUSAND
DOLLARS ($30,000.00) FOR ITS PATIENT AID PROGRAMS

RECITALS
WHEREAS, Megan's Wings, Inc. (“Megan's Wings”) is a California non-profit organization that provides financial aid and emotional support to families with children facing pediatric cancer, who are experiencing financial hardship due to their child’s illness; and
WHEREAS, since 2018, the City has been a supporter of this organization by donating to the annual walk/run, providing aid to families during the pandemic, and becoming a Corporate Program Partner in 2021; and
WHEREAS, Megan’s Wings contacted the City to request a donation to help fund its Patient Aid Programs (“Programs”), assist low to moderate income and single-parent families in meeting essential needs when a caregiver is unable to work during their child’s cancer treatment; and
WHEREAS, these programs help families facing significant financial hardships, that are often losing up to 50% of their income by providing support for housing, transportation, groceries, and medical expenses; and
WHEREAS, the City’s donation of $30,000.00, along with other fundraising efforts, will allow Megan’s Wings to provide critical relief and stability to families by helping them focus on their child’s health without the financial burden; and WHEREAS, the City's contribution serves a public purpose in that Megan's Wings provides financial assistance to families that work in the City, as well as families throughout Los Angeles, Riverside and San Bernardino Counties. The contribution from the City will assist the families of children battling cancer with their financial needs; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

SECTION 2: The City's contribution serves a public purpose in that Megan's Wings provides financial assistance to families that work in the City, as well as families throughout Los Angeles, Riverside and San Bernardino Counties. The contribution from the City will assist the families of children battling cancer with their financial needs.

SECTION 3: The City Council hereby approves a donation to Megan's Wings in the amount of Thirty Thousand Dollars ($30,000.00) for its Patient Aid Programs.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on May 8, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk

RESOLUTION NO. CC 2025-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO
MEGAN’S WINGS, INC., IN THE AMOUNT OF THIRTY THOUSAND
DOLLARS ($30,000.00) FOR ITS PATIENT AID PROGRAMS

RECITALS
WHEREAS, Megan's Wings, Inc. (“Megan's Wings”) is a California non-profit organization that provides financial aid and emotional support to families with children facing pediatric cancer, who are experiencing financial hardship due to their child’s illness; and
WHEREAS, since 2018, the City has been a supporter of this organization by donating to the annual walk/run, providing aid to families during the pandemic, and becoming a Corporate Program Partner in 2021; and
WHEREAS, Megan’s Wings contacted the City to request a donation to help fund its Patient Aid Programs (“Programs”), which assist low to moderate income and singleparent families in meeting essential needs when a caregiver is unable to work during their child’s cancer treatment; and
WHEREAS, these programs help families facing significant financial hardships, that are often losing up to 50 percent% of their income, by providing support for housing, transportation, groceries, and medical expenses; and
WHEREAS, the City’s donation of $30,000.00, along with other fundraising efforts, will allow Megan’s Wings to provide critical relief and stability to families by helping them focus on their child’s health without the financial burden; and WHEREAS, the City's contribution serves a public purpose in that Megan's Wings provides financial assistance to families that work in the City, as well as families throughout Los Angeles, Riverside and San Bernardino Counties. The contribution from the City will assist the families of children battling cancer with their financial needs; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

SECTION 2: The City's contribution serves a public purpose in that Megan's Wings provides financial assistance to families that work in the City, as well as families throughout Los Angeles, Riverside and San Bernardino Counties. The contribution from the City will assist the families of children battling cancer with their financial needs.

SECTION 3: The City Council hereby approves a donation to Megan's Wings in the amount of Thirty Thousand Dollars ($30,000.00) for its Patient Aid Programs.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on May 8, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk

ITEM NO. 6.11

William Litvak (SBN 90533)
Eric P. Markus (SBN 281971)

DAPEER, ROSENBLIT & LITVAK, LLP
2 11500 W. Olympic Blvd., Suite 550
Los Angeles, CA 90064 3 Phone: 310-477-5575
4 Fax: 310-477-7090
5 Attorneys for Plaintiff,

CITY OF INDUSTRY
6 7
Exempt from filing fees pursuant to
Government Code section 6103.
8 9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES-EAST JUDICIAL DISTRICT-WEST COVINA COURTHOUSE I I CITY OF INDUSTRY, a municipal corporation,
12 13 v.

Plaintiff,
14 CUBEWOR.K.COM, INC., a corporation; JAMES
LIN, an individual; CORPORA TE LOGISTICS,
15 LLC, a limited liability company; EASTGROUP
PROPERTIES, L.P., a limited partnership;
CROSSROADS PROPERTIES I, a general 16 pa1tnership; CROSSROADS PROPERTIES II, a 17 general partnership; 347 STIMSON, LLC, a
limited liability company; H. R.R.
18 INVESTMENT, CO., LLC, a limited liability
company; 15210 NELSON, LLC, a limited
19 liability company; and DOES 1 through 50,
20 21
22 23
24 25
26 27
28 Defendants.

AND RELATED CROSS-ACTIONS
Case Number: 20PSCV00797
Action Filed: November 16, 2020

STIPULATION FOR ENTRY OF

JUDGMENT/DISMISSAL
Judge: Hon. Lynette Gridiron Gullon
Dept.: 6
STIPULATION FOR ENTRY OF JUDGtvIBNT
3935175.2- 22942.048

STIPULATION FOR ENTRY OF JUDGMENT/DISMISSAL
2 Plaintiff City of Industry ("City"), and defendants Cubework.com, Inc. ("Cubework"), James Lin, Corporate Logistics, LLC, 347 Stimson, LLC, 15210 Nelson, LLC, EastGroup Properties, L.P., 3 Crossroads Prope1ties I, Crossroads Prope1ties II, and H.R.R. Investment Co., LLC ("Defendants"), and 4 5
6 cross-defendant/cross-complainant Waddington No1th America, Inc. have reached a resolution of the above-entitled matter. Hereafter, the City, Defendants, and cross-defendant/cross-complainant Waddington North America, Inc. are sometimes referred to herein, collectively, as the "Parties." By way 7 8
9 10
1 1
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 of this Stipulation for Entry of Judgment/Dismissal ("Stipulation"), the Parties agree to resolve any and all disputes raised by the City's complaint and all related cross-actions as follows.

RECITALS
A. The properties involved in the action are as follows:

I. 900 Turnbull Canyon Road, in the City oflndustry, County of Los Angeles, California, more particularly described as Assessor's Parcel Number 8218-009-033 (the "Turnbull Prope1ty"), owned at all relevant times by Corporate Logistics, LLC.

2. 929-930 Azusa Avenue (875-943 Azusa Avenue), in the City of Industry, County of Los Angeles, California, more particularly described as Assessor's Parcel Number 8242-030-018 (the "Azusa Property"), owned at all relevant times by EastGroup Properties, L.P.

3. 2690 Pellissier Place (2680-2690 Pellissier), in the City of Industry, County of Los Angeles, more particularly described as Assessor's Parcel Number 8125-016-031 (the "2690 Pellissier Property"), owned at all relevant times by Crossroads Properties II.

4. 2720 Pellissier Place, in the City oflndustry, County of Los Angeles, more pa1ticularly described as Assessor's Parcel Number 8125-016-030 (the "2 720 Pellissier Property"), owned at all relevant times by Crossroads Properties I.

5. 347 Stimson Avenue, in the City oflndustry, County of Los Angeles, more particularly described as Assessor's Parcel Number 8245-001-062 and 8245-001-063 (the "Stimson Property), owned at all relevant times by 34 7 Stimson LLC. -1 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
8 9

6. 15736 Valley Blvd., in the City oflndustry, County of Los Angeles, more particularly described as Assessor's Parcel Number 8245-003-02 l (the "Valley Property"), owned at all relevant times by H.R.R. Investment Co., LLC.

7. 15205 Stafford St., in the City of Industry, County of Los Angeles, more particularly described as Assessor's Parcel Number 8208-024-055 (the "Stafford Property"), owned at all relevant times by 15210 Nelson, LLC.

The Turnbull Property, Azusa Prope1ty, 2690 Pellissier Property, 2720 Pellissier Prope1ty, Stimson Property, Valley Property, and Stafford Property are collectively referred to herein as the Subject Properties.

B. As of the filing of the City's initial complaint on November 16, 2020, Cubework had an 10 interest in the Subject Properties, the nature of that interest being that of lessee and/or sublessor. At all 11 times relevant to the Action and this Stipulation, James Lin has been the owner, chief executive officer, 12 president, and/or othwerise in control of Cubework.
13 C. In 2019 and 2020, numerous City inspections of the Subject Properties revealed the 14 existence of substandard conditions and Industry Municipal Code ("IMC") violations at the Subject J 5 Propetties, largely stemming from unpermitted construction and unapproved subdivisions of the I 6 buildings thereon. The City attempted various pre-litigation enforcement remedies against Cubework, to 17 no avail.
18 D. The substandard conditions and IMC violations at the Subject Prope1ties render(ed) each 19 of them a public nuisance pursuant to the IMC and the Civil Code. Pursuant to IMC § 15.04.030, as owners and/or persons in control of the Subject Properties, Defendants are legally required to maintain 20 their respective properties in compliance with all applicable laws. 21 E. On or about November 16, 2020, the City filed a Complaint for Injunctive and Other 22 Equitable Relief ("Complaint") against Defendants, in the Superior Court of the State of California, 23 County of Los Angeles, case number 20PSCV00797 ("Action"), alleging causes ofaction for: (l) public 24 nuisance; (2) municipal code violations; and (3) declaratory and injunctive relief. 25 26
27 28
F. On January 2 7, 2021, EastGroup Properties, L.P. filed a Cross-Complaint against Cubework and Waddington North America, Inc.
-2 of 14-
STfPULA TION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
8 G. On March 19, 2021, Waddington North America, Inc. filed a Cross-Complaint against Cubework, Unis, LLC, and James Lin.

H. On November 12, 2021, Cubework, James Lin, and 15210 Nelson, LLC filed a CrossComplaint against Speedy, Safe and Sure Logistics LLC.

I. On December 28, 2021, Speedy, Safe, and Sure Logistics LLC ("Speedy") filed a CrossComplaint against Cubework. Speedy's Cross-Complaint was dismissed on December 4, 2023.

J. In the City of Industry, there is a two-step process to obtain a building permit. First, an applicant must obtain project approval from the City oflndustry's Planning Division. Next, upon project approval by the Planning Division, the applicant must obtain approval and building permit issuance from 9 the Los Angeles County Building and Safety Division, which serves as the City's building department. 1 O The process is complete once the Building and Safety Division completes a final inspection and approves 11 that all work was done in accordance with the applicable building standards and the approved building 12 plans. Additionally, a Certificate of Occupancy will be issued by the Building Official. 13 K. As of the date of this Stipulation, the substandard conditions and IMC violations at the 14 Azusa Property, Stimson Property, Stafford Property, 2690 Pellissier Property, and Valley Property that 15 were the subject of the Action have been fully corrected. 16 L. As to the Turnbull Property, Cubework has obtained approval of its remediation plans from 17 the Planning Division as of April 20, 2023. Cubework initially applied for Building and Safety Division 18 approval on May 17, 2023, received plan check comments, and resubmitted on September 15, 2023. 19 M. As to the 2720 Pellissier Property, Cubework has obtained approval of its remediation plans from the Planning Division as of June 21, 2021. Cubework initially applied for Building and Safety 20 Division approval on June 17, 2022, and resubmitted with revisions on July 10, 2023. As of the date of 21 22
23 this Stipulation, approval by the Los Angeles County Fire Department is outstanding and must occur before the City's Building and Safety Division can approve the building permit.

N. In order to secure compliance, reimburse the City's costs, avoid the costs and risks 24 associated with continued litigation, the Parties agree to enter into this Stipulation to resolve the Action 25 and all related cross-actions.
26 II
27 II
28 - 3 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2-22942.048

..

STIPULATION
2 NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises 3 contained in this Stipulation, the receipt and adequacy of which are hereby acknowledged, the Parties 4 agree and stipulate as follows:
5 1. Any recitals stated above are incorporated herein as part of this Stipulation as though set 6 forth in full.
7 2. Defendants agree that the City is the prevailing party for purposes of this action and entitled 8 to reimbursement of its attorney fees and costs as allowed in IMC section 1.08.100. In full satisfaction 9 of the City's entitlement, Cubework. and James Lin,jointly and severally, shall pay to the City the total 10 sum of $79,662.89, as follows:

I l
12 13
a. $26,554.30 shall be paid within five days following dismissal of the City's Action. b. $26,554.30 shall be paid within 35 days following dismissal of the City's Action. c. $26,554.29 shall be paid within 65 days following dismissal of the City's Action. 14 Payments shall be made by certified check payable to the "Dapeer, Rosenblit & Litvak, LLP" and 15 delivered to the Law Offices of Dapeer, Rosenblit & Litvak, LLP in accordance with the notice 16 requirements in paragraph 25, below.
17 3. The Parties agree that the substandard conditions and IMC violations at the Azusa 18 Property, Stimson Propet1y, Stafford Prope11y, 2690 Pellissier Property, and Valley Property that were 19 the subject of the Action have been abated as of the date of this Stipulation. 20 4. Cubework, James Lin, and Corporate Logistics, LLC (collectively, the "Turnbull Defendants") shall remediate the Turnbull Property into full compliance with all State and local laws, 21 including the IMC and its adopted technical codes, as set forth herein. 22 23
24 5. Cubework and James Lin (collectively, the "Pellissier Defendants") shall remediate the 2720 Pellissier Property into full compliance with all State and local laws, including the IMC and its adopted technical codes, as set forth herein. In the event that the Pellissier Defendants lose their right to 25 possession of the 2720 Pellissier Property and/or their lawful right to perform the remediation prior to 26 the completion thereof for any reason, Crossroad Properties I shall immediately assume each of the 27 Pellissier Defendants' obligations pursuant to paragraph 6 of this Stipulation to remediate by removal of 28 -4ofl4-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 • 22942.048

the unpermitted improvements or othe1wise. Under no circumstances shall Crossroad Properties I assume the Pellisier Defendants' obligation to reimburse the City its attorneys' fees and costs, as set 2 forth in paragraph 2, above, which obligation shall at all times remain that of the Pellissier Defendants. 3 4
5 6

6. The remediation(s) referenced in paragraphs 4 and 5, herein, shall be performed through removal, replacement, reconstruction, legalization, demolition, remediation, restoration, or any legal means available, as approved and permitted by the City, in the manner and within the time periods set forth in this Stipulation. To complete abatement, the Turnbull Defendants and the Pellissier Defendants, 7 and each of them, agree to do the following with respect to the particular property of which they have 8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ownership, possession and/or control:
a. Within 15 calendar days of any County request for amended or supplemental information or documentation, if any, submit said amended or supplemental information or documentation to the appropriate County division, if applicable. b. Within 7 calendar days of County approval, obtain the building permit. c. Within 180 calendar days from building permit issuance:

1. Complete all corrective actions pursuant to the City and County approved plans and permits.

11. Schedule and undergo a final City and County inspection to confirm completion of all corrective actions, and to finalize all permits authorizing the required corrective work.
d. Upon the written request of the Turnbull Defendants and/or the Pellissier Defendants, before the expiration of any of the deadlines set forth in this Section, the City may approve in writing up to two extensions of up to 30 calendar days each to complete remediation if: (i) the circumstances that warrant the extension are beyond the reasonable control of the Turnbull Defendants and/or the Pellissier Defendants, as applicable, and could not have reasonably been avoided; or, (ii) the City determines that the Turnbull Defendants and/or the Pellissier Defendants, as applicable, made their best efforts to prevent the need for an extension, substantial progress has been made towards -5 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
completion of the corrective actions set forth therein, and additional time is necessary for completion of the Remediation.
e. Under no circumstances shall Defendants take longer than 270 days from all Patties' full execution of this Stipulation to complete the remediation(s) described herein. f. The Turnbull Defendants and the Pellissier Defendants, and each of them, acknowledge that these deadlines include sufficient time for them to complete the action items.

7. Defendants Cubework and James Lin agree they are jointly and severally responsible for 8 payment of all fees that are and/or may become due for the permits and approvals necessary to remediate 9 the Turnbull Property and Pellissier Property. Failure to obtain any required local approvals or permits 10 to complete the remediation, comply with all conditions of any approvals or permits, or timelines set 11 forth herein, shall be deemed a breach of this Stipulation. 12 8. The Turnbull Defendants and the Pellissier Defendants, and each of them, shall consent to 13 inspection(s) of the Turnbull Property and 2720 Pellisier Property by City Officials and/or deputies of 14 the Industry Sheriffs Station of the Los Angeles County Sheriff's Department, with or without notice, 15 for the sole purpose of ensuring compliance with this Stipulation. Said inspection(s), for the sole purpose 16 of ensuring compliance with this Stipulation, shall take place at any time between the hours of 8:00 a.m. 17 and 5 :00 p.m., with or without a warrant, probable cause, or reasonable suspicion. A denial of access for 18 an inspection by any person shall constitute a breach of this Stipulation. 19 9. Upon completion of the remediation at the Turnbull Property and Pellissier Property, the 20 Turnbull Defendants and Pellissier Defendants shall maintain their respective properties in a lawful 21 conditions, free of any conditions that violate the IMC and/or its adopted technical codes. 22 10. The Parties agree that the Court shall retain jurisdiction over this matter pursuant to Code 23 of Civil Procedure section 664.6 and has authority to enforce this Stipulation and the permanent 24 injunction issued by way of the Judgment, if any is rendered. The Patties shall cause to be filed a 25 Stipulation to Reserve Jurisdiction Pursuant to Code of Civil Procedure Section 664.6 and Dismiss 26 Action in the form attached as Exhibit "l ," which shall be filed with the Court upon full execution of 27 this Stipulation and attached documents.
28 -6 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2- 22942.048

11. Excepting the foregoing stipulation attached as Exhibit "I," the documents comprising this 2 Stipulation shall not be filed with the Court and will be held by the City, through its attorneys, unless 3 and until there is a breach of its terms. In the event of a breach, the City may declare the breaching 4 Defendant(s) to be in violation of this Stipulation and may file the Stipulation to Set Aside Dismissal 5 and to Enter Judgment, in the form attached as Exhibit "2." The City may further proceed to have the 6 Judgment Pursuant to Stipulation entered in the form attached as Exhibit "3," on an ex pai1e basis after 7 notice to Defendants of the date and time of the ex pa11e hearing. In the event of a breach, the Court shall 8 have the power to enter the Judgment Pursuant to Stipulation as set forth in Exhibit "3," and to make 9 such other orders as it deems just and necessary to effectuate the intent of the Parties. 10 12. In the event of breach, the City shall be entitled to recover its costs and expenses incurred 11 in the investigation and enforcement of this Stipulation and the Judgment, including all of its reasonable 12 attorney fees, whether to enforce the terms of the Judgment or to recover the sums due the City or as 13 further ordered by the Court, to be established by a declaration of counsel for the City submitted 14 concurrent with the filing of Exhibits "2" and "3."
15 13. A violation of any obligation set forth, or which is incorporated herein, shall be deemed a 16 breach under this Stipulation. Where the conduct constituting a violation is of a continuing nature, each 17 day of that conduct is a separate and distinct violation. The City may further proceed with all remedies 18 available under the Judgment and take all action to which the City is entitled under this Stipulation, the 19 Judgment or the law. Nothing herein relieves Defendants, or any of them, of their obligations to comply 20 with the terms of this Stipulation or with the terms of the Judgment, if any is rendered. 21 22
23 24
25 26
27 28

14. Within 30 days following all Parties' full execution of this Stipulation:
a. EastGroup Properties, L.P. shall file a request for dismissal, with prejudice, of its January 27, 2021 Cross-Complaint filed against Cubework and Waddington North America, Inc.
b. Waddington North America, Inc. shall file a request for dismissal, with prejudice, of its March 19, 2021 Cross-Complaint filed against Cubework, Unis, LLC, and James Lin. - 7 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 c. Cubework, James Lin, and 15210 Nelson, LLC intend to obtain a judgment in their cross-action related to the November 12, 2021 Cross-Complaint filed against Speedy, Safe and Sure Logistics LLC.

15. Defendants, and each of them, agree and acknowledge that he/she/it is responsible for the 5 actions and activities of any and all persons, entities, corporations, contractors or other persons or entities 6 acting on behalf of said defendants, or any of them, at the Subject Properties, while said defendants, or 7 any of them, is the owner or in control of same, and any act, occurrence, breach or default which results 8 from the act or omission of such person shall be deemed an act or omission of said Defendants, and each 9 of them.

IO 16. Defendants shall perform all other acts and execute all other documents necessary to 11 effectuate the terms of this Stipulation.
12 17. Except as required under this Stipulation, Defendants, and each of them, expressly and 13 explicitly waive any right he, she or it may have to Notice of Hearing, Statement of Decision, Notice of 14 Entry of Judgment, and any and all rights of appeal or to set aside or vacate the Judgment. Nothing 15 herein shall prohibit Defendants from seeking a motion to amend or correct a judgment that is entered 16 pursuant to this Stipulation to conform to the Stipulation of the Parties and terms set forth herein. 17 18. The Parties stipulate that a Commissioner or Judge Pro Tern may hear this matter and issue 18 the Judgment and any and all orders related thereto. 19 19. Except for the obligations and rights set forth in this Stipulation, Defendants, and each of 20 them, forever release, discharge and acquit the City, its City Council, and the members thereof, and its 21 officers, employees and agents from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue 22 23 of any matter, fact, transaction or occurrence whatsoever, whether known or unknown, suspected or 24 unsuspected, relating to the instant litigation, for all matters or claims, up to the time of execution of this 25 Stipulation.
26 20. It is understood and agreed by Defendants, and each of them, that the foregoing release 27 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected 28 - 8 of 14-
STIPULATION TO SET ASIDE DISMISSAL AND ENTER mDGMENT
3935175.2 - 22942.048

with specific reference to those matters addressed in this Stipulation, and all rights under Section 1542 2 of the California Civil Code are hereby expressly waived. Said section reads as follows:
3 4
5 6
7 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 HA VE MATERIALLY

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

21. Defendants, and each of them, understand that the facts in respect of which the foregoing 8 release is given may hereafter turn out to be other than or different from the facts now known or believed 9 by them to be true, and Defendants, and each of them, expressly assume the risk of the facts turning out 10 to be so different and agrees that the foregoing release shall be in all respects effective and not subject 11 to termination or rescission by any such difference in facts. 12 22. Nothing contained in this Stipulation or any subpa11 constitutes a release of the rights or 13 obligations contained in this Stipulation or in the Judgment to be entered, if any, in the form attached as 14 Exhibit "3."
15 23. The Parties understand and agree that this Stipulation will become binding and enforceable 16 on Defendants upon the execution of this Stipulation by Defendants and by an authorized representative 17 of the City.
18 24. This Stipulation has been entered into voluntarily, knowingly and intelligently by the 19 Parties, each of whom has been advised by their legal counsel. Each party is fully aware of the effect of 20 each and every term and condition of this Stipulation and has either read this Stipulation them self or had 21 the entire Stipulation read to them. No promises or representations or assurances of any kind have been 22 made by or between the Parties which are not expressly stated herein. This Stipulation may not be 23 modified, changed or altered except by written agreement signed by the Parties. This Stipulation shall 24 be interpreted on the basis that it was equally drafted by all Parties hereto. 25 25. Any notice to the City provided for hereinabove or in the Judgment shall be given to the 26 City through its attorney ofrecord via e-mail, overnight delivery, U.S. Mail, or personal delivery, at the 27 following address:
28 -9 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2. 22942.048

2 3
4 5
William Litvak
Eric P. Markus
Dapeer, Rosenblit & Litvak, LLP
11500 W. Olympic Boulevard, Suite 550
Los Angeles, CA 90064
E-mail: [email protected]

26. Any notice to Defendants Cubework.com, Inc., James Lin, Corporate Logistics, LLC, 347 6 Stimson, LLC, and 152 IO Nelson, LLC as provided for hereinabove or in the Judgment shall be given 7 to them through their counsel via e-mail, overnight delivery, U.S. Mail, or personal delivery, at the 8 following address:
9 10
11 12
Allan N. Lowy
Clark Hill LLP
555 South Flower Street, 24th Floor
Los Angeles, CA 90071
E-mail: [email protected]

27. • Any notice to Defendant Waddington North America, Inc. as provided for hereinabove or in the Judgment shall be given to it through its counsel via e-mail, overnight delivery, U.S. Mail, or 13 personal delivery, at the following address:
14 Cory E. Manning
15 16
17 18
19 20
21 22
23 24
25 26
27 28

NELSON MULLINS RILEY & SCARBOROUGH LLP
19191 South Vermont A venue
Torrance, CA 90502
E-mail: [email protected]

28. Any notice to Defendants Crossroads Properties I, Crossroads Properties II, or H.R.R.

Investment Co., LLC as provided for hereinabove or in the Judgment shall be given to them through their counsel via e-mail, overnight delivery, U.S. Mail, or personal delivery, at the following address:

Erin B. Naderi

PALMIERI, HENNESSEY & LEIFER, LLP
3 Park Plaza, Suite 1950
Irvine CA, 92614
E-mai I: [email protected]

29. Any notice to Defendant EastGroup Properties, L.P. as provided for hereinabove or in the Judgment shall be given to it through its counsel via e-mail, overnight delivery, U.S. Mail, or personal delivery, at the following address:
3935175.2 - 22942.048
Andrew J. Haley

SHORELINE, A LAW CORPORATION
1299 Ocean Avenue, Suite 400
Santa Monica, CA 90401
-10 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT

E-mail: [email protected]

30. This Stipulation may be executed in counterparts by all Parties and shall become effective 2 and binding upon the Parties at such time as all the signatories hereto have signed the original or a 3 counterpart original of this Stipulation. This Stipulation may be signed by fax, PDF, or electronic 4 signatures, and may be signed in counterparts. Each counterpart shall have the same force and effect as 5 if all such signatures were contained in one instrument. 6 IT IS SO STIPULATED.
7 8 CITY OF INDUSTRY
9 IO Dated: By:

I I Joshua Nelson
City Manager
12 13 CUBEWORK.COM, INC.
14 15 Dated: By:
16 James Lin
Chief Executive Officer
17 18 JAMES LIN
19 20 Dated: By:
21 James Lin
Individually
22 23 CORPORATE LOGISTICS, LLC
24 25 Dated: By:
26 Shan Shen
Manager
27 28 - 11 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

E-mail: [email protected]

30. This Stipulation may be executed in counterparts by all Parties and shall become effective 2 and binding upon the Pa1ties at such time as all the signatories hereto have signed the original or a 3 counterpart original of this Stipulation. This Stipulation may be signed by fax, PDF, or electronic 4 signatures, and may be signed in counterparts. Each counterpart shall have the same force and effect as 5 if all such signatures were contained in one instrument. 6 IT IS SO STIPULATED.
7 8 CITY OF INDUSTRY
9 JO Dated: ---------
11 12
I 3 CUBEWORK.COM, INC.
14 15 (a.--'1; L..,; Dated: -'-l_'___._-'--'-\[_f __ --'-I __ 16 17
18 JAMES LIN
19 20 Dated: I l /1 I {LY -~, --',,-L-+,-""'----+-, --- 21 22
23 CORPORATE LOGISTICS, LLC
24 25 Dated: // -/ /- -----''---------
26 27
28 By:

By:

Joshua Nelson
City Manager
JamesLin
)
Chief Executive Officer
By:
<
~ --
By:
-11 of 14-
James Lin
Individually
Shan Shen
Manager
STfPULA TION TO SET ASIDE DISMISSAL AND ENTER ruDGMENT
3935175.2 - 22942.048
)
-

2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
347 STIMSON, LLC
Dated: I 1 (1 \ / L.'1
15210NELS?N, LLC
Dated: 11 l I / L--"( i

CROSSROADS PROPERTIES I
Dated:

CROSSROADS PROPERTIES II
Dated:

H.R.R. 1NVESTMENT CO., LLC
22 Dated: ---------
23 24
25 26
27 28
By:

By:
ames Lin, Afanager
By: ROSKI FAMILY PARTNERSHIP, L.P., a California limited Partnership
By: Roski & Ros ·, LLC, a Delaware limited liability company, its general partne· ~ ·~
By:.;..:a~~l!!!'.'.'.'.L.....:~-~~:__:__ ___ _ ·• ward P. Roski, Jr., Trustee of the Edward P. Roski .Ir.

By: ~1/1987, as amended, Manager
Edward P. Roski, Jr., Trustee of the Edward P. Roski, Jr. Living Trust UID 11/1/1987, as amended
By: Curci Investments, LLC, a California limited liability company Its:

By: ~
Michael J. Curci
President & COO
By: ROSKI FAMILY PARTNERSHIP, L.P., a California limited Partnership
By: Roski & Roski C, a Delaware limited liability company, its general partner
By:~z:::_.,~~~~:=:__-=-_:_ __ _ Edward P. Roslti, .Ir., Trustee of the Edward P. Roski Jr. ~/1/1987, as amended, Manager
By:

Edward P. Roski, Jr., Trustee
~ of the Edward P. Roski, Jr. Living Trust
UID 11/1/1987, as amended
By: Curci Investments, LLC, a California limited liability company By:-~
Its: Michael T. Curci
President & COO
By: ROSKI FAMILY PARTNERSHIP, L.P .. a California limited Partnership
By:

By: ROSKI & ROSKI LLC a Delaware limited liability company, its general part
By:_..d~~~L--=--=----- , ., .1stee of the Edward P. Roski • • I I/ I/ 1987, as amended, Manager
DWAR.D P. ROSKI, JR., Trustee of the Edward P. Roski, Jr. Living Trust UID 11/1/1987, as amended
- 12 of 14-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

WADDINGTON NORTH AMERICA, INC.
2 3
Dated: _______ _
4 5
6 EASTGROUP PROPERTIES, L.P.
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Dated:

APPROVED AS TO FORM:

Dated:

Dated:

By:

Stanley Bikulege
Chief Executive Officer
By:

Name:

General Partner

DAPEER, ROSENBLIT & LJTV AK, LLP
By: ------------ Eric P. Markus
Attorneys for Plaintiff
City of Industry

CLARK HJLL LLP
c_ ~ By: -1/
Allan Lowy
Attorneys for Defendant;---..._
Cubework.com, Inc., James Lin, Corporate
Logistics, LLC, 34 7 Stimson, LLC, and
15210 Nelson, LLC
-13of14-
STIPtn..A TION TO SET ASIDE DISMISSAL AND ENTER nJOOMENT 3935175.2 - 22942.0-48

WADDINGTON NORTH AMERICA, INC.
2 3
Dated: _______ _
4 5
6 EASTGROUP PROPERTIES, L.P.
7 8 Dated: _ __._,fD=.'Z.=1_ . ..::;_Z__.'f: __ _
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM:

Dated:

Dated:

By:

By:

Stanley Bikulege
Chief Executive Officer
Nahle: -:to"4.J E. TTlAV\S
6tmctrd Pol'~ner Vl<.E ?~ESl~..JT

DAPEER, ROSENBLIT & LITVAK, LLP
By: ------------
Eric P. Markus
Attorneys for Plaintiff
City of Industry

CLARK HILL LLP
By: ------------
Allan Lowy
- 13 of 14-
Attorneys for Defendants
Cubework.com, Inc., James Lin, Corporate
Logistics, LLC, 34 7 Stimson, LLC, and
15210 Nelson, LLC

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 • 22942.048

WADDINGTON NORTH AMERICA, INC.
2 Dated: 21 October 2024
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
EASTGROUP PROPERTIES, L.P.

Dated:

APPROVED AS TO FORM:

Dated:

Dated:

By:

By:
vtVUdL~
~JO~~kK~
(~J1,.Wj:,Jy9~~XIJ.~~
Daniel L. Rikard
General Counsel & Secretary
Name:

General Partner

DAPEER, ROSENBLJT & LITVAK, LLP
By: ------------
Eric P. Markus
Attorneys for Plaintiff
City of Industry

CLARK HILL LLP
By:
- 13 of 14-
------------
A II an Lowy
Attorneys for Defendants
Cubework.com, Inc., James Lin, Corporate
Logistics, LLC, 34 7 Stimson, LLC, and
15210 Nelson, LLC

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
8 9
IO
I I
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Dated: 22 October 2024
Dated:

Dated:

NELSON MULLINS RILEY & SCARBOROUGH LLP
By: B~ ll. ?tiince
fM~:>M~ Brandon A. Prince
Attorneys for Defendant
Waddington North America, Inc.

PALMIERI, HENNESSEY & LEIFER, LLP
By:----------- Erin B. Naderi
Attorneys for Defendants
Crossroads Properties J, Crossroads
Properties II, and H.R.R. Investment Co., LLC

SHORELINE, A LAW CORPORATION
By:
-14 of14-
------------
Andrew J. Haley
Attorneys for Defendant
EastGroup Properties, L.P.

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Dated:

October 7, 2024
Dated:

Dated:

NELSON MULLINS RILEY & SCARBOROUGH LLP
By: -------------
Cory E. Manning
Attorneys for Defendant
Waddington North America, Inc.

PALMIERI, HENNESSEY & LEIFER, LLP
/ '; (_, ;· / ,c
J
\ , --:- l ,: • 1 ! - -··"'"""' BJ r • .-- :/ I ' \ C. , \ •
1 Eflr: E. 7i aderi Attorneys for Defendants
Crossroads Properties I, Crossroads
Properties II, and H.R.R. Investment Co., LLC

SHORELINE, A LAW CORPORATION
By:------------
Andrew J. Haley
Attorneys for Defendant
EastGroup Propet1ies, L.P.
-14ofl4-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2- 22942.048

2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Dated:

Dated:

Dated: _ October 28, 2024

NELSON MULLINS RILEY & SCARBOROUGH LLP
By: -------------
Cory E. Manning
Attorneys for Defendant
Waddington North America, Inc.

PALMIERI, HENNESSEY & LEIFER, LLP
By: -------------
Erin B. Naderi
Attorneys for Defendants
Crossroads Properties l, Crossroads
Properties II, and H.R.R. Investment Co., LLC

SHORELINE, A LAW CORPORATION
Andrew Haley Digitally signed by Andrew Haley By: Date: 2024.10.28 14:26:56·07'00' - 14 of 14-
Andrew J. Haley
Attorneys for Defendant
EastGroup Properties, L.P.

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2 - 22942.048

2 3
4 5
6 7
8 9
IO
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
EXHIBIT 1

STIPULATION TO RESERVE JURISDICTION AND DISMISS ACTION
-EXHIBIT I -

STIPULATION TO RESERVE JURISDICTION AND DISMISS ACTION
3935175,2- 22942.048

2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 EXHIBIT2

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
-EXHIBIT 2-

STIPULATION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
3935175.2- 22942.048

.,
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 3935175.2 - 22942.048
EXHIBIT 3

JUDGMENT PURSUANT TO STIPULATION
- EXIDBIT 3 -

JUDGMENT PURUSUANT TO STIPULATION

ITEM NO. 7.1
Verbal Presentation