Industry City Council
December 11, 2025

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025

CITY COUNCIL

REGULAR MEETING
AGENDA
DECEMBER 11, 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:283 105 552 033 71
Meeting Passcode: vD77k3cD
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 977 151 329#
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.

1. Call to Order

2. Flag Salute

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025

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 November 27, 2025 RECOMMENDED ACTION: Ratify the Register of Demands for
November 27, 2025.

6.2. Consideration of the Register of Demands for December 11, 2025 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate personnel to pay the bills.

6.3. Consideration of the minutes of the December 12, 2024 regular meeting, February 13, 2025 regular meeting, March 19, 2025 special meeting, April 24, 2025 regular meeting, May 22, 2025 regular meeting, June 10, 2025 special meeting, June 26, 2025 regular meeting, July 10, 2025 regular meeting, July 24, 2025 regular meeting, July 24, 2025 special meeting, August 28, 2025 regular meeting, September 11, 2025 regular meeting, September 25, 2025 regular meeting, and the October 22, 2025 special meeting
RECOMMENDED ACTION: Approve as submitted.

6.4. Consideration of Amendment No.4 to the Employment Agreement with Joshua Nelson for City Manager services
RECOMMENDED ACTION: Approve the Amendment.

6.5. Consideration of an Extension to Agreement with County Sanitation District No. 2 of Los Angeles County for the purchase of Reclaimed Water RECOMMENDED ACTION: Approve the Agreement.

6.6. Consideration of Amendment No. 2 to the Professional Services Agreement with ADVANTEC Consulting Engineers, Inc., to provide an Intelligent Transportation Systems Master Plan, extending the term through December 31, 2028, revising the scope of services, revising the rate schedule, and increasing compensation by $19,630
RECOMMENDED ACTION: Approve the Amendment

6.7. Consideration of Amendment No. 2 to the Measure M Funding Agreement with the Los Angeles County Metropolitan Transportation Authority for the East-West Bikeway Project

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025
RECOMMENDED ACTION: Approve the Amendment

6.8. Consideration of a Cooperative Agreement with the County of Los Angeles for the Valley Boulevard Rehabilitation from Temple Avenue to west of Nogales Street.

RECOMMENDED ACTION: Approve the Agreement

6.9. Consideration of an Cooperative Agreement with Foothill Transit for the Bus Stop Enhancement Program
RECOMMENDED ACTION: Approve the Agreement

6.10. Consideration of Amendment No. 5 to the Professional Services Agreement with Civiltec Engineering, Inc., increasing compensation by $25,325 RECOMMENDED ACTION: Approve the Amendment

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

CITY-1527, Temple Avenue Improvements, et al., for an estimated cost of $1,890,000.00
RECOMMENDED ACTION: Approve the plans and specifications and authorize the solicitation of public bids

6.12. Consideration of an Amendment to the Agreement with MidAmerica Administrative and Retirement Solutions Health Reimbursement Arrangement, to maintain $5,000 in the replenishment account for each eligible employee or retiree
RECOMMENDED ACTION: Approve the amended MidAmerica
agreement.

6.13. Consideration of an Agreement with the County of Los Angeles Fire Department for the Tonner Canyon South Vegetation Management Program RECOMMENDED ACTION: Approve the Agreement.

6.14. Consideration of a Maintenance Services Agreement for Citywide Tree Maintenance Services, with Great Scott Tree Service, Inc., in an amount not to exceed $2,000,000.00 through December 31, 2028
RECOMMENDED ACTION: Approve the Agreement

6.15. Consideration of a Maintenance Services Agreement for Citywide Tree Maintenance Services with West Coast Arborists, Inc., in an amount not to exceed $2,000,000.00 through December 31, 2028
RECOMMENDED ACTION: Approve the Agreement

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025

6.16. Consideration of Resolution No.CC 2025-40, approving a purchase and sale agreement by and between the City of Industry, a municipal corporation and Moynier Golf Course Property, LLC, Bead Golf Course Properties, LLC, Larsen Family Trust, Edmund and Marguerite Airey Trust, Jean Baptiste Airey, Matthew Airey, and Regina Marie Airey Trust for the property at 19772 Business Parkway, Rowland Heights, CA (APN 8760-029-048) and adopting a notice of exemption regarding same.

RECOMMENDED ACTION: Adopt Resolution CC 2025-40

7. ACTION ITEMS

7.1. Introduction and Consideration of an Ordinance, Adopting by Reference the Los Angeles County Building Codes

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,

CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2, TITLE 26 OF THE LOS

ANGELES COUNTY BUILDING CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA BUILDING CODE 2025 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY PLUMBING CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA PLUMBING CODE 2025 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY ELECTRICAL

CODE, INCORPORATING BY REFERENCE THE CALIFORNIA
ELECTRICAL CODE 2025 EDITION; TITLE 29 OF THE LOS ANGELES

COUNTY MECHANICAL CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA MECHANICAL CODE 2025 EDITION; TITLE 30 OF THE LOS

ANGELES COUNTY RESIDENTIAL CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA RESIDENTIAL CODE 2025 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY EXISTING BUILDING CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA EXISTING
BUILDING CODE 2025 EDITION; ADOPTING LOCAL AMENDMENTS
THERETO, AND MAKING FINDINGS FOR SAME; AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: 1) Waive the reading of Ordinance No. 839 and read by title only; and 2) Set the public hearing on Ordinance No. 839 for January 8, 2026.

8. PUBLIC HEARINGS

8.1. Consideration of an Urgency Ordinance, Adopting by Reference the Los Angeles County Building Codes

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, TITLE 26 OF THE LOS

ANGELES COUNTY BUILDING CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA BUILDING CODE 2025 EDITION; TITLE

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025
28 OF THE LOS ANGELES COUNTY PLUMBING CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA PLUMBING CODE 2025 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY ELECTRICAL

CODE, INCORPORATING BY REFERENCE THE CALIFORNIA
ELECTRICAL CODE 2025 EDITION; TITLE 29 OF THE LOS ANGELES

COUNTY MECHANICAL CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA MECHANICAL CODE 2025 EDITION; TITLE 30 OF THE LOS

ANGELES COUNTY RESIDENTIAL CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA RESIDENTIAL CODE 2025 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY EXISTING BUILDING CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA EXISTING
BUILDING CODE 2025 EDITION; ADOPTING LOCAL AMENDMENTS

THERETO, AND MAKING FINDINGS FOR SAME, AND DECLARING THE

URGENCY THEREOF
RECOMMENDED ACTION: 1) Open the public hearing; 2) Take public testimony; 3) Close the public hearing; 4) Waive the reading and read Urgency Ordinance No. 840 U by title only; 5) Adopt Urgency Ordinance No. 840 U.

9. CLOSED SESSION

9.1. Conference with real property negotiators
Pursuant to Government Code Section 54956.8
Property: Assessor Parcel Numbers: 306-
021-01, 306-021-02, 306-021-13, 306-021-16, 306-021-17, 306-021-18, 306-021-19, 308-031-18, 308-031-24, 308-031-32, 8714-026-270, 8714- 026-271, 8714-026-272, 8714-026-273, 8714-026-274, 8714-026-275, 8714-027-270, 8714-027-272, 8714-028-270, 8714-028-271, 8714-029-270 Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: RA. Apiaries
Under Negotiation: Price and terms of payment

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

9.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy City Center, LLC
Los Angeles County Superior Court Case No. 25STCV03524

9.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Puente Hills Associates, LLC

CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 11, 2025
Los Angeles County Superior Court Case No. 25STCV03679

9.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. E-Ho One, LLC, et al
Los Angeles County Superior Court Case No. 25STCV03695

9.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: Legacy Point, LLC v. City of Industry, et al.

Los Angeles County Superior Court Case No. 24STCV20043

9.7. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4):

One potential case

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

Property: 1123-1135 Hatcher Ave, Industry CA Assessor Parcel Number 8264-004-908
City Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Puente Hills Ford LLC
Under Negotiation: Price and terms of payment

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. PUBLIC COMMENTS

14. Adjournment. The next regular City Council Meeting is Thursday, December 11, 2025, at 9:00 AM.

ITEM NO. 6.1

ITEM NO. 6.2

ITEM NO. 6.3

ITEM NO. 6.4

1 AMENDMENT NO. 4
TO CITY MANAGER EMPLOYMENT AGREEMENT No. 21-__

WITH JOSHUA NELSON
This Fourth Amendment to the City Manager Employment Agreement No. 21-_ (the “Agreement”), is made and effective this 23h day of October 2025 by and between the City of Industry, State of California, a municipal corporation, and charter city (hereinafter, the “City”) and Joshua Nelson, an individual, (hereinafter, “Nelson”). City and Nelson are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, the City Council appointed Mr. Nelson as City Manager effective on August 2, 2021; and
WHEREAS, based on Mr. Nelson’s performance, the City Council desires to amend the Agreement as set forth below.

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

Section VII., Vacation, Sick and Other Supplemental Benefits, Subsection D, is hereby revised to read in its entirety as follows:

D. Nelson may elect to participate in a 457 Deferred Compensation Retirement Plan.

The City, on an annual basis, but no later than November 1, of each year of this Agreement, shall make a contribution of not less than the Internal Revenue Service maximum amount for which Nelson is eligible on Nelson’s behalf to his account with the 457 Deferred Compensation Retirement Plan of Nelson’s choice or, at Nelson’s sole and absolute discretion, he may receive the City-paid deferred compensation as salary or a portion thereof, subject to customary withholdings. In the event Nelson exercises this option, the City-paid deferred compensation shall not be considered a part of Nelson’s base salary for any adjustments for future cost of living increases that may be awarded as set forth in Section III, Compensation, Subsection B.
[SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their signatures as of the date and year first above written.

JOSHUA NELSON CITY OF INDUSTRY
________________
Joshua Nelson, an individual Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM

James M. Casso, City Attorney

ITEM NO. 6.5

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
DATE: December 11, 2025
SUBJECT: Consideration of an Extension to Agreement with County Sanitation District No. 2 of Los Angeles County for the purchase of Reclaimed Water Background:

On September 27, 2000 the City of Industry (“City”) and the County Sanitation District of Los Angeles County (“District”) entered into an agreement whereby the District provides the City with reclaimed water. The City is able to use the reclaimed water for one or more suitable uses including landscape irrigation. The agreement also allowed the City to construct all facilities required to deliver and distribute the reclaimed water purchased by City, including a pump station, wet well, pipelines, storage reservoirs, meters, controls, and other facilities. The City also maintains those facilities at no cost to the District. The quantity of water that the District is to make available to the City annually is not to exceed ten thousand (10,000) acre-feet to be apportioned reasonably throughout the year, with a maximum daily withdrawal rate of twenty (20) million gallons.

Discussion:

On September 25, 2025, the Council approved extending the Contract originally set to expire on September 27, 2025 to a new expiration date of December 31, 2025. Staff is still working with the District to finalize the terms of the Contract, which will likely extend beyond December 31, 2025. Therefore, an additional extension is needed. The proposed new expiration date is March 31, 2026.

Fiscal Impact:

There is no fiscal impact to the City with this extension.

Recommendation:

Staff recommends the Council authorize the City Manager to execute the extension letter, extending the term to March 31, 2026.

Exhibits:

1. A. Agreement between County Sanitation District and City of Industry, dated September 27, 2000

2. B. Letter of Extension

EXHIBIT A

DOC # 7653279
December ___, 2025
Joshua Nelson
City Manager
City of Industry
15625 Mayor Dave Way
Industry, CA 91744
Dear Mr. Nelson:

Second Extension of Agreement for Purchase and Sale of Recycled Water Between County Sanitation District No. 2 of Los Angeles County and City of Industry County Sanitation District No. 2 of Los Angeles County (“District”) and the City of Industry (“City”) (each a “Party” and together, the “Parties”) entered into an Agreement for the purchase and sale of recycled water on September 27, 2000 (“Agreement”). Pursuant to the terms of the Agreement, the District supplies recycled water from the San Jose Creek Water Reclamation Plant to the City. Per Section 10.1 of the Agreement, the Agreement was originally set to expire on September 27, 2025. However, Section 10.1 also expressly provides that “any portion of this Agreement may be revised by written amendment by mutual agreement of the parties hereto.” On September 17, 2025 the District and the City signed a letter amendment extending the expiration date of the Agreement to December 31, 2025.

The Parties are currently in the process of negotiating a new contract between them to replace the Agreement for the purchase and sale of recycled water from the San Jose Creek Water Reclamation Plant, but require an additional time extension to finalize and duly execute the new contract.

The purpose of this letter is to confirm the mutual agreement of the District and the City to extend the Agreement until March 31, 2026 in accordance with the procedures set forth in Section 10.1 therein. The extended term of the Agreement will expire on March 31, 2026, unless the District and the City agree to replace the Agreement with a newly executed contract or agree to further extensions of the Agreement. All other terms and conditions of the Agreement shall remain in full force and effect.

By signing below each of the District and City accept and agree to the extension of the Agreement.

Once signed, please return a copy to the District for its records.

Robert C. Ferrante Joshua Nelson
Chief Engineer and General Manager City Manager
County Sanitation District No. 2 City of Industry
of Los Angeles County

ITEM NO. 6.6

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: December 11, 2025
SUBJECT: Consideration of Amendment No. 2 to the Professional Services Agreement with ADVANTEC Consulting Engineers, Inc., to provide an Intelligent Transportation Systems Master Plan, extending the term through December 31, 2028, revising the scope of services, revising the rate schedule, and increasing compensation by $19,630
Background:

In order to serve City businesses and residences more efficiently, Staff recommended that the City develop an Intelligent Transportation Systems (“ITS”) Master Plan to serve as a roadmap to design, implement, operate, and maintain the next generation of smart mobility technologies.

The ITS system will be a flexible and open system, capable of adopting new technology and sharing traffic information with the public and other agencies. On March 10, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with ADVANTEC Consulting Engineers, Inc. (“ADVANTEC”) to provide an Intelligent Transportation Systems Master Plan. The scope of work included data collection and field inventory, preparation of an ITS Master Plan report, and an ITS technology assessment report.

On January 11, 2024 the City Council approved Amendment No. 1 to the Agreement, extending the term through December 31, 2025, and increasing compensation by $44,710.00.

Discussion:

The Agreement expires on December 31, 2025. ADVANTEC is continuing to develop the ITS master plan, and Staff recommends extending the term through December 31, 2028, and revising the rate schedule to include ADVANTEC’s current rates. In addition, the scope of work is expanded to include looking into the Temple Avenue and Azusa Avenue corridor to manage the influx of traffic, using the ITS devices, during major events. It is necessary to increase

compensation by $19,630.00 for the term extension and additional scope of services.

Fiscal Impact:

Table 1 - Summary of Costs
Contract Amount $175,060.00
Amendment No. 1 $44,710.00
Amendment No. 2 $19,630.00
Revised Project Cost $239,400.00
The fiscal impact is $19,630.00. In the adopted Fiscal Year 2025-2026 Capital Improvement Project budget, $40,000.00 is approved for this project (Account No. 120-704-5130, MP 22-09).

Recommendation:

It is recommended that the City Council approve Amendment No. 2 to the Professional Services Agreement with ADVANTEC.

Exhibits:

1. Amendment No. 2 - Advantec

2. Approval Letter - Advantec

AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH
ADVANTEC CONSULTING ENGINEERS, INC.

This Amendment No. 2 to the Professional Services Agreement (“Agreement”) is made and entered into this 11th day of December, 2025, (“Effective Date”) by and between the City of Industry (“City”), a municipal corporation, and ADVANTEC Consulting Engineers, Inc., a California corporation, (“Consultant”). City and Consultant are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, on or about March 10, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with Consultant to provide an Intelligent Transportation Systems Master Plan; and
WHEREAS, on or about January 11, 2024 the City Council approved Amendment No. 1 to the Agreement, extending the term through December 31, 2025, and increasing compensation by $44,710.00; and
WHEREAS, the Agreement expires on December 31, 2025, and in order to allow the Consultant to continue the services, it is necessary to extend term through December 30, 2028, revise the rate schedule to include the Consultant’s current rates, replace the scope of services to include additional work along specific corridors in the City, and increase compensation by $19,630.00; and
WHEREAS, for the reasons set forth herein, City and Consultant desire to enter into this Amendment No. 2, as set forth below.

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

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

The Agreement shall commence on Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 30, 2028, unless sooner terminated to the provisions of this Agreement.

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

This amount shall not exceed Two Hundred Thirty Nine Thousand Four Hundred Dollars ($239,400.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

EXHIBIT A, SCOPE OF SERVICES
The Scope of Services is hereby rescinded to include the services set forth in Attachment 1, attached hereto and incorporated herein by reference.

EXHIBIT B, RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with rates set forth in Attachment 2, attached hereto, and incorporated herein by reference.

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

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry ADVANTEC Consulting Engineers, Inc.

By: ________________________________ By: ________________________________ Joshua Nelson, City Manager Carlos Ortiz, Chief Operating Officer

Attest:

By: _________________________________
Julie Gutierrez-Robles, City Clerk

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

ATTACHMENT 1

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following engineering services for the Intelligent Transportation Systems (“ITS”) Master Plan project:

Task 1 Data Collection and Field Inventory
Consultant will coordinate with City Staff, collect and review available data for use and reference associated with the project, including the City’s traffic signals, communication systems, existing roadway improvements, and future project plans. Consultant’s Senior ITS/System Engineers will conduct a thorough field review at each project signalized intersection, along the project corridors, at locations to verify existing ITS elements, communication systems, communication hubs, and City Hall equipment.

Task 2 ITS Master Plan Report
The ITS Master Plan will address the existing traffic signal controllers (170 Type) and software (LA County LACO I and LACO III) and provide a transition plan to migrate to latest 2070 Advanced Traffic Controllers (“ATC”) and software. Consultant will discuss these options with Los Angeles County Public Works Department since they maintain the City’s traffic signal system. This will be used as the roadmap for the selection of the phased implementation plan, integration of state-of-the-art technologies, connectivity to City Hall, external Virtual Private Network (“VPN”) connectivity, and City preparation for integration of future transportation technologies. In addition, Consultant will discuss with City Staff to include inter-agency communications with adjacent cities and Caltrans, and with the County of Los Angeles Information Exchange Network (“IEN”). The ITS Master Plan will be prepared in report format and will include sections that address the following project elements: Executive Summary, Introduction, Existing Systems Inventory and Evaluation, Evaluation of Surrounding Systems, Assessment of ITS Opportunities, Development of System Engineering Management Plan (“SEMP”), Concept of Operations (“ConOps”) and Strategic Deployment Plan, Inter-Agency Communication Needs, Funding Strategies Plan, and System Requirement Plan. The ITS Master Plan can also include other ITS Solutions/Assessment and Evaluation of ITS Technologies. Consultant will provide the City with other ITS solutions that can enhance the City’s operations and traffic management of the intersections and roadway systems to improve mobility, safety, and enhance the environment. These technologies may include: adaptive traffic control, arterial performance measurements, special events management systems, incident management systems, CAV Technologies. Consultant will analyze Temple Avenue and Azusa Avenue corridor to manage the influx of traffic using the ITS devices, during major events.

Task 3 ITS Technology Assessment Report
Consultant will provide a technology assessment to select and implement the “Open Architecture” technology (hardware and software) for new ITS field elements and ethernet communication systems. The technology assessment will include various ITS technologies that are currently available on the market. This includes identifying stakeholder needs, system requirements, preparing a list of available systems, a description of each system, and a comparison analysis of each system’s assembly, functional requirements, operational requirements, hardware requirements, communication requirements, performance, reliability,

output data, performance measures, ease of installation, operation, maintenance, warranty, and interface with adjacent agencies, if required.

Task 4Project Management, Coordination and Meetings
Consultant will provide project management and coordination activities throughout all the aspects of the project including project administration, monthly progress reports, invoices, and thorough quality control. Consultant will schedule and conduct a kick-off meeting with the City to discuss the overall project, planning and design objectives, constraints, requirements, schedule, develop action items, and understanding next steps. Consultant will conduct the kick-off meeting and up to eight (8) meetings at City Hall. As part of this task, Consultant will provide project coordination with City’s project manager/stakeholders, as directed.

ATTACHMENT 2

EXHIBIT B

RATE SCHEULE
• Principal $390 / hour
• Senior Project Manager/Senior Engineer VIII $330 / hour • Senior Project Manager/ Senior Engineer VII $270 / hour • Project Manager/ Senior Engineer VI $230 / hour
• Project Manager/ Engineer V-3 $210 / hour
• Project Manager/ Engineer V-2 $190 / hour
• Project Manager/ Engineer V-1 $170 / hour
• Associate Engineer IV $150 / hour
• Associate Engineer III $140 / hour
• Assistant Engineer II $130 / hour
• Assistant Engineer I $115 / hour
• Administrative III $150 / hour
• Administrative II $125 / hour
• Administrative I $105 / hour
Mileage
In-House Plotting (Mylar) $20.00 per D-size sheet
In-House Plotting (Bond) $10.00 per D-size sheet
Other Direct Costs at Cost

EXHIBIT A TO AMENDMENT NO. 2

PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. DATED MARCH 10, 2022

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
James Cramsie, Sr. Director of Engineering
Sean Calvillo, Director of Operations
DATE: December 11, 2025
SUBJECT: Consideration of Amendment No. 2 to the Measure M Funding Agreement with the Los Angeles County Metropolitan Transportation Authority for the East-West Bikeway Project
Background:

On July 28, 2022, City entered into an agreement with the Los Angeles County Metropolitan Transportation Authority (“LA Metro”) to receive $1,492,500.00 for design and construction of the East-West Bikeway Project (Project ID number MM4701.04).

The executed agreement shows project completion in FY 25-26 and identifies the limits of the East-West Bikeway as the entire length of the City from Grand Avenue on the east, to 7th Avenue on the west, a distance of about 10 miles along the San Jose Creek as alignment option 1, and adjacent to Valley Boulevard as option 2.

During the course of preliminary design, it became evident sufficient funding would not be available to construct the entire ten miles of the Bikeway under one contract. Therefore, the Project was phased, with phase 1 extending from Azusa Avenue on the east, to Common Avenue on the west, along Valley Blvd. It was also determined that the design and construction could not be completed by FY 25-26, as stipulated in the executed agreement.

On May 24, 2023, LA Metro issued an amendment to the funding agreement, granting the City’s request for a time extension, and revisions to the project limits. Expenditures beyond June 30, 2026 (FY 25-26) will not be eligible for Measure M funds. The City is eligible for reimbursement from Metro for two years after each fiscal year allotment. The breakdown of fiscal year funding includes: $50,000 FY 20-21 (completed), $380,000 FY 21-22 (eligible through June 30, 2024), $720,000 FY 22-23 (eligible through June 30, 2025), and $342,500 FY 23-24 (eligible through

June 30, 2026). On July 27, 2023, Amendment No. 1 was approved.

Discussion:

Due to practical considerations in meeting the goals regarding the project limits and schedule in the executed agreement, the City requested Metro extend the project delivery deadline to FY 27-28, and revise the funding breakdown to the following: $940,000.00 for design (eligible through June 30, 2027) and $552,500.00 for construction (eligible through June 30, 2029). Now the City will have until FY 27-28 to complete the project construction through this Amendment.

Any additional funding requirements will utilize the City’s CIP funds or possibly any future grant funding sources.

Fiscal Impact:

The East-West Bikeway project (CIP-STR-19-063-B/MP 24-07) is approved in the adopted FY 25-26 Capital Improvement Project budget (Account No. 120-702-5130) and is also partially funded by Proposition C revenues (Account No. 104-300-5130). Additionally, the Project is funded by Metro’s Measure M (Project ID number MM4701.04), and the City has received $773,802.00 in disbursements for work on the design of the project to date.

Recommendation:

Staff recommends City Council approval of the Amendment No. 2 to Measure M Funding Agreement.

Exhibits:

1. Amendment No. 2 to Measure M Funding Agreement Multi-Year Subregional Programs

Subregion ID: SG
Project ID#: MM4701.04
Amendment No. 2
FA#: 9200000000M470104
Rev: 05.20.2025 1 Measure M MSP FA Amendment
AMENDMENT No. 2 TO MEASURE M FUNDING AGREEMENT

BETWEEN CITY OF CITY OF INDUSTRY AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 2 to the Funding Agreement (this “Amendment”), is dated as of July 1, 2025 by and between the City of Industry ("GRANTEE") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000M470104, dated June 1, 2022, which was amended on April 1, 2023 (as amended, the "Existing FA"), which Existing FA provides for the City of Industry East-West Bikeway Project, (“the Project”); and
B. WHEREAS, the LACMTA Board on May 27, 2021, delegated administrative authority to staff to extend the funding lapsing date of the Measure M Funds previously approved to meet environmental, design, right-of-way, and construction time frames; and
C. WHEREAS, the GRANTEE and LACMTA desire to extend the lapse date of FY 2022-23 June 30, 2026, and FY 2023-24 funds to June 30, 2027; and D. WHEREAS, LACMTA and GRANTEE mutually agreed to increase the GRANTEE funding to $11,311,841 to accommodate an overall increase in total project costs; and
E. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

Subregion ID: SG
Project ID#: MM4701.04
Amendment No. 2
FA#: 9200000000M470104
Rev: 05.20.2025 2 Measure M MSP FA Amendment
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (vi) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vi) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2020-21 and FY 2021-22 have been expended and no longer available. All Funds programmed for FY 2022-23 are subject to lapse by June 30, 2026. All Funds programmed for FY 2023-24 are subject to lapse by June 30, 2027.”

2. Attachment A-1 of the Existing FA is hereby replaced by Attachment A-2, attached.

3. Attachment B-1 of the Existing FA is hereby replaced by Attachment B-2, attached.

4. Attachment C-1 of the Existing FA is hereby replaced by Attachment C-2, attached.

5. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

Subregion ID: SG
Project ID#: MM4701.04
Amendment No. 2
FA#: 9200000000M470104
Rev: 05.20.2025 3 Measure M MSP FA Amendment
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

CITY OF INDUSTRY
By: _______________________________________ Date: ____________________ Joshua Nelson
City Manager
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ James M. Casso
City Attorney
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SOURCES OF FUNDS Prior Years FY 2022-23 FY2023-24 FY2024-25 FY2025-26 FY 2026-27 FY 2027-28 Total Budget
% of
Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS $ 430,000 $ 720,000 $ 342,500 $ 1,492,500 SUM PROG LACMTA FUNDS $ 430,000 $ 720,000 $ 342,500 $ - $ - $ - $ - $ 1,492,500 12% OTHER NON LACMTA FUNDING:

LOCAL: CITY OF INDUSTRY $ 49,705 $ 87,525 $ 168,000 $ 254,000 $ 500,000 $ 7,500,000 $ 2,752,611 $ 11,311,841 88% STATE: $ - 0%
FEDERAL: $ - 0%
PRIVATE OR OTHER: $ - 0%
SUM NON-LACMTA FUNDS $ 49,705 $ 87,525 $ 168,000 $ 254,000 $ 500,000 $ 7,500,000 $ 2,752,611 $ 11,311,841 88% TOTAL PROJECT FUNDS $ 479,705 $ 807,525 $ 510,500 $ 254,000 $ 500,000 $ 7,500,000 $ 2,752,611 $ 12,804,341 100% ATTACHMENT A-2 -PROJECT FUNDING
Measure M Active Transportation Programs - Funding Agreement Project - FA#: 9200000000M470104 Project Title: City of Industry East-West Bikeway Project Project ID#: MM4701.04

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A-2 - Project Funding

SOURCES OF FUNDS FY 2021-22
Qtr 1
FY 2021-22
Qtr 2
FY 2021-22
Qtr 3
FY 2021-22
Qtr 4
FY 2022-23
Qtr 1
FY 2022-23
Qtr 2
FY 2022-23
Qtr 3
FY 2022-23
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $49,450 $50,000 $50,000 $149,450
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $0 $0 $0 $49,450 $50,000 $50,000 $149,450 SUM PROG LACMTA FUNDS: $0 $0 $0 $0 $0 $49,450 $50,000 $50,000 $149,450 OTHER NON LACMTA FUNDING:

LOCAL: City of Industry
Planning Activities/Proj Dev $11,845 $37,860 $9,525 $59,230 Environmental $10,000 $10,000 $10,000 $30,000
Design and PS&E $24,000 $24,000 $48,000
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $11,845 $0 $0 $37,860 $9,525 $10,000 $34,000 $34,000 $137,230 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $11,845 $0 $0 $37,860 $9,525 $10,000 $34,000 $34,000 $137,230

PROJECT FUNDING
FY2021-22 and FY2022-23 $11,845 $0 $0 $37,860 $9,525 $59,450 $84,000 $84,000 $286,680 ATTACHMENT B-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M - Active Transportation Program - Funding Agreement Project - FA#: 9200000000M470104 Project Title: City of Industry East-West Bikeway Project Project ID#: MM4701.04

PROGRAMMED SOURCES OF FUNDS

03.01.19 1 of 4
Measure M Funding Agreement - MSP
Attachment B-2 - Expenditure Plan

ATTACHMENT B-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M - Active Transportation Program - Funding Agreement Project - FA#: 9200000000M470104 Project Title: City of Industry East-West Bikeway Project Project ID#: MM4701.04

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $110,000 $110,000 $110,000 $95,000 $95,000 $95,000 $95,000 $80,550 $790,550 Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total MEASURE M $110,000 $110,000 $110,000 $95,000 $95,000 $95,000 $95,000 $80,550 $790,550 SUM PROG LACMTA FUNDS: $110,000 $110,000 $110,000 $95,000 $95,000 $95,000 $95,000 $80,550 $790,550 OTHER NON LACMTA FUNDING:

LOCAL: City of Industry
Planning Activities/Prog Dev $0
Environmental $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $70,000 Design and PS&E $24,000 $24,000 $24,000 $56,000 $56,000 $56,000 $56,000 $56,000 $352,000 Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $34,000 $34,000 $34,000 $66,000 $66,000 $66,000 $66,000 $56,000 $422,000 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE] $0
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $34,000 $34,000 $34,000 $66,000 $66,000 $66,000 $66,000 $56,000 $422,000

PROJECT FUNDING

PROJECT FUNDING
FY2023-24 and FY2024-25 $144,000 $144,000 $144,000 $161,000 $161,000 $161,000 $161,000 $136,550 $1,212,550

03.01.19 2 of 4
Measure M Funding Agreement - MSP
Attachment B-2 - Expenditure Plan

ATTACHMENT B-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M - Active Transportation Program - Funding Agreement Project - FA#: 9200000000M470104 Project Title: City of Industry East-West Bikeway Project Project ID#: MM4701.04

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $171,250 $171,250 $210,000 $552,500
Vehicle Purchase $0
Others $0
Total MEASURE M $0 $0 $0 $0 $171,250 $171,250 $210,000 $0 $552,500 SUM PROG LACMTA FUNDS: $0 $0 $0 $0 $171,250 $171,250 $210,000 $0 $552,500 OTHER NON LACMTA FUNDING:

LOCAL: City of Industry
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $2,000,000 $2,000,000 $2,000,000 $2,000,000 $8,000,000 Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $8,000,000 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $8,000,000

PROJECT FUNDING
FY2025-26 and FY2026-27 $0 $0 $0 $0 $2,171,250 $2,171,250 $2,210,000 $2,000,000 $8,552,500

03.01.19 3 of 4
Measure M Funding Agreement - MSP
Attachment B-2 - Expenditure Plan

ATTACHMENT B-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M - Active Transportation Program - Funding Agreement Project - FA#: 9200000000M470104 Project Title: City of Industry East-West Bikeway Project Project ID#: MM4701.04

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2027-28
Qtr 1
FY 2027-28
Qtr 2
FY 2027-28
Qtr 3
FY 2027-28
Qtr 4
FY 2028-29
Qtr 1
FY 2028-29
Qtr 2
FY 2028-29
Qtr 3
FY 2028-29
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total MEASURE M $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS: $0 $0 $0 $0 $0 $0 $0 $0 $0
OTHER NON LACMTA FUNDING:

LOCAL: City of Industry
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $2,752,611 $2,752,611
Vehicle Purchase $0
Others $0
Total LOCAL $2,752,611 $0 $0 $0 $0 $0 $0 $0 $2,752,611
STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $2,752,611 $0 $0 $0 $0 $0 $0 $0 $2,752,611

PROJECT FUNDING
FY2027-28 and FY2028-29 $2,752,611 $0 $0 $0 $0 $0 $0 $0 $2,752,611 TOTAL LACMTA FUNDS $110,000 $110,000 $110,000 $95,000 $266,250 $315,700 $355,000 $130,550 $1,492,500 TOTAL NON-LACMTA FUNDS $2,798,456 $34,000 $34,000 $103,860 $2,075,525 $2,076,000 $2,100,000 $2,090,000 $11,311,841 TOTAL PROJECT FUNDING $2,908,456 $144,000 $144,000 $198,860 $2,341,775 $2,391,700 $2,455,000 $2,220,550 $12,804,341

03.01.19 4 of 4
Measure M Funding Agreement - MSP
Attachment B-2 - Expenditure Plan

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 1 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work
ATTACHMENT C-2

SCOPE OF WORK

CAPITAL PROJECT
PROJECT NAME: City of Industry East-West Bikeway Project PROJECT LOCATION/LIMITS/AREA:

The project is located in the City of Industry in the San Gabriel Valley subregion area and traverses the entire City, an approximate distance of ten (10) miles in an east-west direction from Seventh Avenue on the west to Grand Avenue on the east.

As shown on Sheet 1 of Exhibit A, over 80% of the preferred alignment for the bikeway consists of a Class I bike path. The alignment joins the existing Class I bike path at Seventh Avenue and continues approximately two (2) miles east along the south side of San Jose Creek to Parriott Place. It then continues north and east as a combination of Class III and Class IV bikeways on surface streets to Old Valley Boulevard at Valley Boulevard overcrossing, where it again transitions to a Class I bike path adjacent to and within the current Union Pacific Railroad (UPRR) right-of-way, along the south side of Old Valley Boulevard and Valley Boulevard and continues east to Fullerton Road. The project proposes to convert one existing southbound traffic lane on Fullerton Road to a Class I bike path between Valley Boulevard and Arenth Avenue. A proposed staging area south of Arenth Avenue will facilitate bike path crossing to the east side of Fullerton Road and onto the southerly San Jose Creek maintenance road as a Class I bike path to Grand Avenue. The approximate total length of the bikeway is ten (10) miles. A future Class I bike path on Fairway Drive will also link Valley Boulevard to San Jose Creek.

City of Industry will use the grant from Measure M funding for the design and construction of the initial phase of the bikeway, from Common Avenue to Azusa Way, as shown in Exhibit B.

City will use local funds to pay for the balance of cost for this segment.

A staging area at the west end of the initial phase on the south side of Old Valley Boulevard, across from Common Avenue, will provide direct access to the existing adjacent bus stop. The staging area will serve as the trailhead for this initial phase of the bike path and will include amenities, such as a bench and trash receptacle.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

The project will build an east-west bikeway across the entire City. After careful analysis of several different alignment alternatives, it was found that utilizing the Union Pacific Railroad right-of-way between Common Avenue and Fullerton Road and the San Jose Creek maintenance road to the east and west of this segment would provide the safest environment for bicyclists. This alignment also allows easy access to the bikeway for residential communities in the cities of La Puente, West Covina, and portions of unincorporated Los Angeles County. The

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 2 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work
general alignment of the proposed bikeway through the City of La Puente between Hacienda Boulevard and Old Valley/Valley Boulevard overcrossing is consistent with the concept plan developed by the City of La Puente for creating a bicycle-friendly environment. This option would require right-of-way acquisition from UP and coordination with the Los Angeles County Department of Public Works. City of Industry has met with the County’s Bikeways and Routes Coordinator and found them very receptive to the concept of constructing a bike path along the existing San Jose Creek maintenance road.

Overall, the bikeway will provide a recreational opportunity and a direct high-speed commute route not afforded by the existing roadways parallel to the bike route.

The west end of the bikeway begins at the terminus of the existing bike path, currently owned and maintained by the Los Angeles County Department of Public Works on San Jose Creek at Seventh Avenue, and continues approximately 1.75 miles east to Parriott Place. This alignment takes advantage of the proposed bike lane along the south side of San Jose Creek that will be constructed as part of the Turnbull Canyon Road Grade Separation Project. The alignment then continues approximately 1.65 miles to the north and east as a combination of Class III and Class IV bike lanes on surface streets to Old Valley Boulevard at the Valley Boulevard overcrossing.

Portions of this segment are in the City of La Puente. The general alignment of the proposed bikeway is consistent with the concept plan developed by the City of La Puente for creating a bicycle-friendly environment through residential streets adjacent to the City of Industry Civic Center.

The east end of the proposed bikeway will eventually connect to a proposed bike path near the intersection of Temple Avenue and Campus Drive in the City of Pomona. However, this point is approximately two (2) miles beyond the City of Industry’s boundary and the City of Pomona does not have a definitive timeline for construction of that bike path. Therefore, under interim conditions, the Class I bike path will transition to a Class III bike lane on Grand Avenue and continue north to an existing Class III bike lane on La Puente Road in the City of Walnut.

City of Industry plans to construct the EW Bikeway in multiple phases. The initial phase, a Class I bike path, will begin on Old Valley Boulevard at Common Avenue and extend easterly approximately 1.4 miles along Valley Boulevard to Azusa Way.

This project strives to meet all of the objectives of the Los Angeles County Metropolitan Transportation Authority’s (Metro) Complete Streets Policy, including advancing active transportation and providing more travel options, and creating a better street environment for all types of users, including pedestrians and bicyclists, as well as motorists by providing an alternative to driving, thereby reducing the number of single-occupancy vehicles on the road.

Construction of the bikeway between Common Avenue and Fullerton Road along Valley Boulevard would require right-of-way acquisition and a permit from the Union Pacific Railroad (UPRR). Our preliminary discussions with UPRR have been very positive. Currently, the security chain link fence between Valley Boulevard and UP tracks is severely distressed, with numerous damaged and breached sections. The proposed Bikeway Project would remove and replace this deteriorating fence with new fencing between the bikeway and the railroad tracks.

This would provide added security for the railroad. Furthermore, the bikeway will be separated

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 3 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work
from the tracks by a new fence, which will be located 16 to 24 ft from the tracks. This will provide added security for the cyclists as well as the railroad cars. We will continue our discussions to address any and all concerns in order to reach a joint use agreement with UPRR.

The project will also provide a barrier between the bikeway and the roadway to provide added security for cyclists. The current timeline allows approximately twenty-seven (27) months for the City to secure the required approval and permits from UPRR to construct the bikeway within their right-of-way.

Safety is the overriding consideration in the design. As shown on the attached Exhibit A, over 80% of the ultimate bikeway will be along the San Jose Creek maintenance road or within the UPRR right-of-way, where it will be physically separated from adjacent modes of transportation by a chain link fence or other barriers, such as guardrails or growth hedge. The only exception occurs at roadway crossings. Of course, the entire length of the bikeway in Phase 1 will be within the UPRR right-of-way and completely unencumbered by any cross traffic whatsoever.

The proposed bikeway alignment will require mid-block crossings on the following streets from west to east:

1. Seventh Avenue

2. Parriott Place

3. Don Julian Road & Parriott Place

4. Common Avenue and Old Valley Boulevard

5. Fullerton Road

6. Nogales Street

7. Sentous Avenue

8. Fairway Drive

9. Lemon Avenue

10. Commerce Pointe Drive

11. Brea Canyon Road

12. Grand Avenue
Each crossing will be fitted with Rectangular Rapid Flashing Beacon (RRFB) and in-pavement lighting crosswalk system for use by bicyclists and pedestrians. These features are proven to improve driver yield rates by as much as 90% at uncontrolled crossings.

A half-mile long portion of the bikeway east of Mayor Dave Way will meander through residential and downtown areas in the City of La Puente as a Class I bike path. The City of La Puente is planning to convert this area into a more bicycle-friendly environment by utilizing road diet and other means to accommodate a Class I bikeway. Cities of Industry and La Puente have been working closely to ensure a safe bike route through this neighborhood.

There are several locations along Valley Boulevard that are ideal for a staging area for cyclists.

These include:

1. Workman and Temple Lot on the northwest corner of Don Julian Road and Parriott Place

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 4 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work

2. Civic Center on Mayor Dave Way

3. Vacant area on the southeast corner of Old Valley and Valley Boulevard. A lot within this vacant area was recently sold by the City of La Puente to a private entity. Therefore, final design of a staging area at this location will require more coordination with the new owner as well as the City of La Puente as part of a future phase.

4. Open area between Valley Boulevard and the UPRR tracks on the southeast corner of Valley Boulevard and Lemon Avenue

5. San Jose Creek easement on the south side Valley on both sides of Brea Canyon Road

6. Vacant area on the northwest corner of San Jose Avenue and Fairway Drive A typical staging area would be paved with decorative concrete and include a bench with a shade structure, bicycle rack, trash container, and bike trail signage.

The project also proposes to install security lighting, surveillance cameras, and access for law enforcement along the bikeway and at staging areas to enhance safety for bicyclists and local residents. As part of the initial phase of the Bikeway funded by Measure M grant, street lights will be installed on an as needed basis. Currently, existing street lights spaced at 150-ft intervals along the north side of Old Valley Boulevard provide sufficient lighting for this narrow roadway as well as the proposed bikeway. Photometric analysis of Valley Boulevard east of Old Valley Boulevard will identify critical locations along the project for the installation of new street lights to augment lighting from existing street lights and safety lights at signalized intersections. The location of new street lights will be provided to Metro during the final design phase. New street lights will be installed within the 3-ft landscape buffer behind the curb along the south side Valley Boulevard between Old Valley Boulevard and Azusa Way.

Design will also ensure access from the bike path to bus stops along the route. Currently, there are a total of three bus stops within the initial phase of the bike path. One is on eastbound Old Valley Boulevard at Common Avenue and two are along eastbound Valley Boulevard at Ferrero Lane and at Wickford Avenue. The local transit authority, Foothill Transit, has confirmed the bus stop on eastbound Old Valley Boulevard at Hofgaarden Street has been closed for quite some time and they are not opposed to its removal altogether.

Exhibit B includes a typical detail for the bikeway in relation to the bus stop boarding area.

Advance warning signs along the bike path will alert bicyclists to bus stops ahead as well as the possible presence of pedestrians. The bike path alignment allows access to each bus stop without encroaching into the boarding area.

As part of this project, existing curb ramps at both ends of the existing crosswalk at the intersection of Valley Boulevard and Wickford Avenue will be field verified for ADA compliance and brought up to code as necessary.

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 5 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work
In the future (and outside the limits of the current project) there will be feeder bike lanes that will provide connectivity to various activity centers including the Expo Center in the City of Industry, La Puente City Park in the City of La Puente, Workman High School in the City of Industry, Nogales High School in the City of West Covina, and Walnut High School in the City of Walnut. The project will provide east-west connectivity in the San Gabriel Valley for both commuter and recreational bikers.

As stated earlier, City of Industry will use the grant from Measure M funding for the design and construction of the initial phase of the Bikeway, from Common Avenue to Azusa Way, as shown in Exhibit B. City will use local funds to pay for the balance of cost for this segment.

PROJECT FUNDING:

PHASE
LACMTA – MEASURE

M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Planning/Project Development $59,230 $59,230
Environmental $100,000 $100,000
Design & PS&E $940,000 $400,000 $1,340,000
Design Support During Construction &
Admin. (16%) $1,559,326 $1,559,326
Construction $552,500 $9,193,285 $9,745,785
TOTAL BUDGET COST $1,492,500 $11,311,841 $12,804,341

ESTIMATED PROJECT COSTS:

ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Mobilization 1 LS $800,000 $800,000
Clearing and Grubbing 1 LS $100,000 $100,000
6" Over-Excavation and Recompact 2,000 CY $125 $250,000 Construct 6" Concrete Pavement 2,000 CY $800 $1,600,000 Miscellaneous Bike Path Improvements 1 LS $600,000 $600,000 Storm Drain Improvements 1 LS $1,056,000 $1,056,000
Install 10-ft High Chain Link Fence or
Other Barrier
7,475 LF
$305 $2,279,875
Rough Grading/Earthwork (Import) 7,000 CY $200 $1,400,000 Striping & Signage 1 LS $90,000 $90,000
Landscape Buffer 29,872 SF $10 $298,720
Subtotal $8,474,595
Contingency (15%) $1,271,190
Subtotal $9,745,785
Design Support During Construction &
Construction Administration (16%) $1,559,326
Total (Construction, Support Services) $11,305,111
Planning/Project Development $59,230
Environmental $100,000
Design & PS&E $1,340,000
GRAND TOTAL $12,804,341

Subregion ID: SG
Project ID#: MM4701.04
Funding Agreement#: 9200000000M470104

03.01.19 6 Measure M Funding Agreement – MSP
Attachment C-2 – Scope of Work
PROJECT DETAILED SCHEDULE:

MILESTONES BEGIN END

DURATION
(MONTHS)
Planning/Project Development 3/1/21 7/1/22 16
Environmental 7/1/22 9/1/25 38
Design & PS&E 7/1/22 1/1/26 42
Construction 7/1/26 12/30/27 18
Note: All MSP funds will be expended by March 31, 2027.

PROJECT MAP:

Please refer to the following pages.

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

E N G I N E E R I N G CNC S U R V E Y I N G C O N S T R U C T I O N

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
Upendra Joshi, Senior Project Manager
DATE: December 11, 2025
SUBJECT: Consideration of a Cooperative Agreement with the County of Los Angeles for the Valley Boulevard Rehabilitation from Temple Avenue to west of Nogales Street.

Background:

Valley Boulevard, from Temple Avenue to West of Nogales Street, is a shared highway between several cities and the County of Los Angeles (“County”). Within the project limits, work will be done within the jurisdictional shares of the County and the City only. The actual work is from Temple Ave to about 1000 feet east of 2nd Avenue; 250 feet east of Puente Ave to 4th Avenue; Puente Creek channel to 9th Avenue; 600 feet west of Alderton Avenue to 1000 feet west of Nogales Street (end of County jurisdiction). The existing pavement is badly deteriorated and in need of major rehabilitation. Both agencies desire to repair the roadway to provide a safer mode of transportation for the traveling public. The County will take the lead in this joint project.

Discussion:

The proposed improvements for the project include rehabilitating the deteriorated pavement, replacement of damaged curb and gutter, sidewalk, curb ramps and traffic signal upgrades. The City’s share of the proposed improvements includes only the improvements constructed within City limits. The cost required for the preparation of the improvement plans, specifications, soil analysis, construction management and inspection will be shared by both agencies. The total project cost, including contingencies, is estimated to be $14,011000.00. The jurisdictional shares of the total cost are estimated to be $12,992,000.00 for County, and $1,019,000.00 for the City. The project is currently in the final stage of design. The projected advertising to bid is tentatively scheduled for July 2026 and the estimated start of construction is May 2027.

Fiscal Impact:

The fiscal impact is estimated to be $1,019,000.00. The funding for this work will be allocated in a future fiscal year, as the County will invoice the City once construction is complete and final numbers are determined (MP 03-36 #1).

Recommendation:

It is recommended that the City Council approve the Cooperative Agreement for the improvement of Valley Boulevard from Temple Avenue to west of Nogales Street.

Exhibits:

1. Cooperative Agreement

HOA.103201197.1 Page 1 of 10

AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF INDUSTRY, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):

WITNESSETH
WHEREAS, Valley Boulevard is on the Highway Element of CITY's General Plan and on COUNTY's Master Plan of Highways; and
WHEREAS, CITY and COUNTY propose to improve the roadway pavement of the following segments, which are jurisdictionally shared between CITY and COUNTY:

Segment Scope of Work
Length
(miles) Jurisdiction
Valley Boulevard
(Westbound)
from Temple Avenue to
4 th Avenue and Puente
Channel Bridge to 9th
Avenue
1 ½-inch of polymer modified
asphalt concrete (PMAC) on
3/8-inch asphalt rubber and
aggregate membrane (ARAM)
on 3/4-inch leveling AC 1.14 CITY/COUNTY
Valley Boulevard
(Eastbound)
from Temple Avenue to
4 th Avenue and Puente
Channel Bridge to 9th
Avenue
2-inch of polymer modified
asphalt concrete (PMAC) on 4-
inch asphalt concrete (AC) on
16-inch of crushed
miscellaneous base (CMB) 1.14 CITY/COUNTY
Valley Boulevard
from 680 feet west of
Alderton Avenue to 2,270
feet east of La Seda
Avenue
2-inch of polymer modified
asphalt concrete (PMAC) over
cold milled surface 1.4 CITY/COUNTY
WHEREAS, the work will consist of pavement work as described in the table above, and construction or modification of curb ramps at locations where right-of-way acquisitions, utility relocation, and other improvements beyond the footprint of a standard curb ramp is not required; and
WHEREAS, the proposed improvements are jurisdictionally shared between CITY and COUNTY; and
WHEREAS, the aforementioned work is included in a
COUNTY-administered project named Avocado Heights/San Jose Hills – Valley Boulevard project, (hereinafter referred to as PROJECT); and

HOA.103201197.1 Page 2 of 10
WHEREAS, PROJECT is within the geographical boundaries of both CITY and COUNTY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and WHEREAS, COUNTY is willing to perform or cause to be performed the PRELIMINARY ENGINEERING, solicitation of construction bids and award of construction contract, and CONTRACT ADMINISTRATION for PROJECT; and WHEREAS, the COST OF PROJECT includes the costs of PRELIMINARY ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of CONSTRUCTION ADMINISTRATION as more fully set forth herein; and WHEREAS, the COST OF PROJECT is currently estimated to be Fourteen Million Twenty Thousand and 00/100 Dollars ($14,020,000.00) with CITY's share estimated to be One Million Twenty Thousand and 00/100 Dollars ($1,020,000.00), COUNTY's share estimated to be Thirteen Million and 00/100 Dollars ($13,000,000.00); and WHEREAS, CITY and COUNTY are willing to finance their respective shares of the COST OF PROJECT within their JURISDICTIONS; and
WHEREAS, such a proposal is authorized and provided for by the provisions of section 23004 et seq. of the California Government Code and sections 1685 and 1803 of the California Streets and Highways Code.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:
(1) DEFINITIONS:
a. JURISDICTION as referred to in this AGREEMENT shall be defined as the area within the geographical boundary of CITY and within the unincorporated COUNTY areas, respectively, referenced in this AGREEMENT.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall consist of environmental findings and approvals/permits; design survey; soils report; traffic index and geotechnical investigation; preparation of plans, specifications, and cost estimates; right-of-way engineering; utility engineering; and all other necessary work prior to advertising PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this AGREEMENT shall consist of the total of all payments to the construction contractor(s) for PROJECT and the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT, and the cost of any additional unforeseen work

HOA.103201197.1 Page 3 of 10
that is necessary for the construction of PROJECT in accordance with plans and specifications approved by CITY and COUNTY.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall consist of construction contract administration, construction inspection, materials testing, construction survey, traffic detour, signing and striping, construction engineering, utility relocation and coordination matters, changes and modifications of plans and specifications for PROJECT necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, construction contingencies, and all other necessary work after advertising of PROJECT for construction bids to cause PROJECT to be constructed in accordance with said plans and specifications approved by CITY and COUNTY. e. COST OF PROJECT as referred to in this AGREEMENT shall consist of the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING; CONSTRUCTION ADMINISTRATION;
right-of-way acquisition and clearance matters, if any; and all other work necessary to complete PROJECT in accordance with the plans and specifications approved by CITY and COUNTY and shall include currently effective percentages added to total salaries, wages, and equipment costs to cover overhead, administration, and depreciation in connection with any or all of the aforementioned items.
f. Completion of PROJECT as referred to in this AGREEMENT shall be defined as the date of field acceptance of construction of PROJECT by COUNTY and a written notification to CITY's Director of Public Works/Engineering Manager that the improvements within CITY's JURISDICTION are transferred to CITY for the purposes of operation and maintenance.
(2) CITY AGREES:
a. To finance CITY's jurisdictional share of the COST OF PROJECT, currently estimated to be One Million Twenty Thousand and 00/100 Dollars ($1,020,000.00), the actual amount of which will be determined by a final accounting pursuant to Section (4) a., below.
b. To deposit with COUNTY following execution of this AGREEMENT and upon demand by COUNTY One Million Twenty Thousand and 00/100 Dollars ($1,020,000.00) to finance its estimated jurisdictional share of the COST OF PROJECT (CITY's PAYMENT). Said demand will consist of a billing invoice prepared by COUNTY.
c. To provide COUNTY with conditions for issuance of encroachment, excavation, and construction permits and any other special conditions at the time of plan approval for construction bids so that the permit conditions are

HOA.103201197.1 Page 4 of 10
fully incorporated into PROJECT'S plans and specifications that contractors or any other person in charge of construction shall have no merit to request change in work compensation.
d. Upon receipt of a permit application from COUNTY and approval of construction plans for PROJECT, to issue COUNTY any necessary permit(s) authorizing COUNTY to construct those portions of PROJECT within CITY's JURISDICTION at no cost to COUNTY.
e. To appoint COUNTY as CITY's attorney-in-fact for the purpose of representing CITY in all negotiations pertaining to the advertisement of PROJECT for construction bids, award, and administration of the construction contract and in securing temporary construction easements and permits, and in all things necessary and proper to complete PROJECT. f. To cooperate with COUNTY in conducting negotiations with and, where appropriate, to issue notices to public utility organizations and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction. Where utilities have been installed in CITY streets or on CITY property, CITY will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of PROJECT at no cost to COUNTY. CITY will take all necessary steps to grant, transfer, or assign all prior rights over the utility companies and owners of substructure and overhead facilities to COUNTY when necessary to construct, complete, and maintain PROJECT or to appoint COUNTY as its attorney-in-fact to exercise such prior rights.
g. To be financially responsible for disposal and/or mitigation measures, if necessary, should any hazardous materials, chemicals, or contaminants be encountered during construction of PROJECT within CITY's JURISDICTION.
h. Upon completion of PROJECT, to accept full and complete ownership of PROJECT within CITY’s jurisdiction, and to operate and maintain in good condition and at CITY's expense, all improvements constructed as part of PROJECT within CITY's JURISDICTION.
i. To comply with all applicable federal, State, and local laws, rules and regulations in the performance of this AGREEMENT.
(3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION, right-of-way acquisition and clearance matters, and all other work necessary to complete PROJECT.

HOA.103201197.1 Page 5 of 10
b. To finance COUNTY's jurisdictional share of COST OF PROJECT, currently estimated to be Thirteen Million and 00/100 Dollars ($13,000,000.00), the actual amount of which is to be determined by a final accounting, pursuant to Section (4) a., below.
c. To accept CITY's deposit of One Million Twenty Thousand and 00/100 Dollars ($1,020,000.00), which is CITY's estimated jurisdictional share of the COST OF PROJECT, the actual amount of which will be determined by a final accounting, pursuant to Section (4) a., below. d. To obtain CITY's approval of plans for PROJECT prior to solicitation for construction bids.
e. To furnish CITY within one hundred eighty (180) calendar days after final payment to contractor a final accounting of the actual COST OF PROJECT, including an itemization of actual unit costs and actual quantities for PROJECT.
f. To solicit PROJECT for construction bids, award and administer the construction contract, do all things necessary and proper to complete PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.

All contracts entered into by COUNTY to complete PROJECT shall have language wherein the contracting party indemnifies and defends CITY and names CITY as an additional insured, at the same level as COUNTY. g. To be financially responsible for disposal and/or mitigation measures, if necessary, should any hazardous materials, chemicals, or contaminants be encountered during construction of PROJECT within COUNTY's JURISDICTION.
h. To provide all change orders for PROJECT with CITY's JURISDICTION to CITY in a timely manner via electronic mail notification to CITY's inspector/office engineer assigned to PROJECT. If CITY does not respond within ten (10) calendar days, COUNTY may proceed with change orders.
i. In the event that a preliminary notice, stop payment notice, and/or action to enforce a stop payment notice is filed on PROJECT, to provide CITY with a copy of same within three (3) business days. COUNTY shall be responsible for withholding the funds in compliance with section 9350 et seq. of the California Civil
Code.
j. Upon completion of PROJECT, to operate and maintain in good condition and at COUNTY's expense all improvements constructed as part of PROJECT within COUNTY's JURISDICTION.

HOA.103201197.1 Page 6 of 10
k. To comply with all applicable Federal, State, and local laws, rules, and regulations in the performance of this AGREEMENT.
(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall allocate said total cost between CITY and COUNTY based on the location of the improvements and/or work done. Thus, the cost of all work or improvements (including all engineering, administration, and all other costs incidental to PROJECT work) located within CITY's JURISDICTION shall be borne by CITY. Such costs constitute CITY's jurisdictional share of the COST OF PROJECT. The cost of all work or improvements, including all engineering, administration, and all other costs incidental to PROJECT work, located within COUNTY's JURISDICTION shall be borne by COUNTY. Such costs constitute COUNTY's jurisdictional share of the COST OF PROJECT.
b. That, if at final accounting CITY's jurisdictional share of COST OF PROJECT exceeds CITY's PAYMENT, as set forth in Section (2) b., above, CITY shall pay to COUNTY the additional amount upon demand.

Said demand shall consist of a billing invoice prepared by COUNTY.

Conversely, if CITY's jurisdictional share is less than CITY's PAYMENT, COUNTY shall refund the difference to CITY after final accounting of the actual COST OF PROJECT without further action by CITY.
c. CITY shall review the final accounting invoice prepared by COUNTY and report in writing any discrepancies to COUNTY within sixty (60) calendar days after the date of said invoice. In the event that CITY's jurisdictional share exceeds the amount that CITY has deposited with COUNTY, as set forth in Section (2) b., above, CITY shall pay to COUNTY any remaining charges that are undisputed within sixty (60) calendar days after the date of said invoice. COUNTY shall review all disputed charges and submit a written justification detailing the basis for those charges within sixty (60) calendar days of receipt of CITY's written report. CITY shall then make payment of the previously disputed charges in excess of any amounts that CITY has deposited with COUNTY or submit justification for nonpayment within sixty (60) calendar days after the date of COUNTY's written justification.
d. COUNTY may, at any time, at its sole discretion, designate an alternative payment mailing address and an alternative schedule for payment of CITY funds if applicable. CITY shall be notified of such changes by invoice prepared by COUNTY and delivered to CITY.
e. During construction of PROJECT, COUNTY shall furnish an inspector or other representative to perform the functions of an inspector. CITY may also furnish, at no cost to COUNTY, an inspector or other representative to inspect construction of PROJECT within CITY's JURISDICTION. Said

HOA.103201197.1 Page 7 of 10
inspectors shall cooperate and consult with each other, but the orders of COUNTY inspector to the contractors or any other person in charge of construction shall prevail and be final.
f. This AGREEMENT may be terminated, amended, or modified only by mutual written consent of CITY and COUNTY. Terminations, amendments, and modifications of a nonmaterial nature may be made by mutual written consent of the parties' Directors of Public Works Engineering Manager or their delegates.
g. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:

CITY:

COUNTY:

Mr. Mathew Hudson
Director of Public Works
City of Industry
15625 Mayor Dave Way City
of Industry, CA 91744
Mr. Mark Pestrella, PE
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
h. Other than as provided below, neither COUNTY nor any officer, employee, agent, or volunteer of COUNTY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to California Government Code, section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by California Government Code, section 810.8) occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. i. Neither COUNTY nor its Special Districts, elected and appointed officers, employees, agents, and volunteers shall be responsible, directly or indirectly, for damage or liability arising from or attributable to the presence or alleged presence, transport, arrangement, or release of any HAZARDOUS SUBSTANCES, chemicals, or contaminants present at or stemming from PROJECT within CITY's JURISDICTION or arising from acts or omissions on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under or in connection with any work, authority, or

HOA.103201197.1 Page 8 of 10
jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT, including liability under any applicable federal, State, or local laws. It is understood and agreed, pursuant to California Government Code, section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any such damage, liability, or claim. In addition to being an agreement enforceable under the laws of the State of California, the foregoing indemnity is intended by the parties to be an agreement pursuant to 42 U.S.C. section 9607(e), section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. § 9601 et seq.), as amended, and section 25364 of the California Health and Safety Code. "HAZARDOUS SUBSTANCES" includes flammable substances,
explosives, radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants hazardous wastes, medical wastes, toxic substances or related materials, explosives, methane, petroleum and petroleum products, and any "hazardous" or "toxic" material, substance or waste that is defined by those or similar terms or is regulated as such under any environmental law, including any material, substance or waste that is: defined as a "hazardous substance" under section 311 of the Water Pollution Control Act (33 U.S.C. § 1317), as amended; defined as a "hazardous waste" under section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901, et seq.) as amended; defined as a "hazardous substance" or "hazardous waste" under section 101 of CERCLA, as amended, including the judicial interpretations thereof; defined as a "pollutant" or "contaminant" under 42 U.S.C.A. section 9601; defined as "hazardous waste" under 40 C.F.R. part 260; defined as a "hazardous chemical" under 29 C.F.R. part 1910; or subject to any other local, State, or federal environmental law or regulation regulating, relating to, or imposing obligations, liability, or standards of conduct concerning protection of human health, plant life, animal life, natural resources, property, or the enjoyment of life or property free from the presence in the environment of any solid, liquid, gas, odor, or any form of energy from whatever source.
j. Other than as provided below, neither CITY nor any officer, employee, agent, or volunteer of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that pursuant to California Government Code, section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by California Government Code, section 810.8) occurring by reason of any acts or omissions on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT.

HOA.103201197.1 Page 9 of 10
k. In contemplation of the provision of section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in section 895 of said Code), each of the parties hereto, pursuant to the authorization contained in sections 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the
same extent that such liability would be imposed in the absence of section 895.2 of said Code. To achieve the above-stated purpose, each of the parties indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of section 895.2. The provision of section 2778 of the California Civil Code is made a part hereof as if incorporated herein. l. The provisions of this AGREEMENT shall supersede and control over any provisions inconsistent herewith in the Assumption of Liability Agreement 32379 between CITY and COUNTY, adopted by the Board of Supervisors on December 27, 1977 and currently in effect. m. Venue for any litigation shall be Los Angeles County, California, or in the United States District Court for the Central District of California. Any waiver by CITY or COUNTY of any breach of any term, covenant or condition herein shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein. No term, covenant or condition of this AGREEMENT shall be deemed to have been waived by CITY or COUNTY unless in writing. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. Each person executing this AGREEMENT hereby represents and warrants their authority to do so, and that such authority has been duly and validly conferred.
n. It is not intended by this AGREEMENT to create any third-party beneficiaries herein or to authorize any person not a party to this AGREEMENT to maintain any suit, claim, or action under the AGREEMENT.
//
//
//

HOA.103201197.1 Page 10 of 10
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized by the CITY OF INDUSTRY on _____________________, 2026, and by the COUNTY OF LOS ANGELES on ________________________, 2026.

COUNTY OF LOS ANGELES
By _____________________________
ATTEST: Chair, Board of Supervisors

CELIA ZAVALA
Executive Officer of the
Board of Supervisors of the
County of Los Angeles
By
Deputy
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy

CITY OF INDUSTRY
By
Mayor
Date:

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

By
City Attorney

ITEM NO. 6.9

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: December 11, 2025
SUBJECT: Consideration of an Cooperative Agreement with Foothill Transit for the Bus Stop Enhancement Program
Background:

Foothill Transit developed the Bus Stop Enhancement Program (“BSEP”), a grant program which provides financial assistance to member cities, counties, and the State who are interested in making physical improvements to the bus stops serviced by Foothill Transit. The BSEP provides financial assistance to make bus stop improvements, up to $40,000. All costs, including installation and labor, must be paid by the successful applicant and will be reimbursed by Foothill Transit at the completion of the project.

Discussion:

The City applied for the BSEP grant and received funding in the amount of $40,000.00. As part of the BSEP grant funding, the City will install bus benches, construct a firm, stable, and slipresistant concrete bus boarding area (8 feet by 5 feet), and also construct an ADA-compliant concrete sidewalk.

Fiscal Impact:

The City will receive $40,000.00 toward these improvements, and will be reimbursed upon completion. This work will be done under the Annual Bus Stop ADA Improvements project (CIPTRAN-19-045-B/MP 20-15 #1, Account No. 103-300-5205).

Recommendation:

It is recommended that the City Council approve the Cooperative Agreement with Foothill Transit.

Exhibits:

1. Foothill Transit Agreement

ITEM NO. 6.10

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: December 11, 2025
SUBJECT: Consideration of Amendment No. 5 to the Professional Services Agreement with Civiltec Engineering, Inc., increasing compensation by $25,325
Background:

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

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

1. Peck Road

2. Hacienda Boulevard

3. Azusa Avenue

4. Grand Crossing Parkway
On July 8, 2021, the City Council approved an Amendment No. 1, extending the term through November 9, 2023, amending the scope of services to include additional hydrology studies for the four pump stations and additional design requirements, along with a companion increase in

compensation of $145,818.00. It was also necessary to include language requiring indemnity specific to independent contractors, and revise the addresses for the City and City Attorney’s office. On November 10, 2022, the City Council approved Amendment No. 2, extending the term through November 9, 2024, and increasing compensation by $106,169.00 due to subsequent plan review comments from Los Angeles County Public Works (“County”) that required natural gas generators on the Grand Crossing Parkway pump station. On September 28, 2023, the City Council approved Amendment No. 3 increasing compensation by $76,552.00. On October 24, 2024, Amendment No. 4 was approved to extend the term through October 31, 2027.

Discussion:

There is ongoing work to address plan review comments from the County and Staff on the mechanical, civil, structural, and electrical plans. Further, additional coordination of comments and responses from multiple departments within the County has led to numerous revisions and changes to the plans and specifications. Therefore, it is necessary to increase compensation by $25,325.00.

Fiscal Impact:

Table 1 - Summary of Costs
Contract Amount $250,444.05
Amendment No. 1 $145,818.00
Amendment No. 2 $106,169.00
Amendment No. 3 $76,552.00
Amendment No. 5 $25,325.00
Revised Project Cost $604,308.05
The fiscal impact for Amendment No. 5 is $25,325.00. In the adopted Fiscal Year 2025-2026 Capital Improvement Project budget, $100,000.00 is approved (Account No. 107-300-5130) (MP 13-10 #1/CIP-GS-18-005-B).

Recommendation:

Staff recommends the City Council approve Amendment No. 5 to the Agreement with Civiltec.

Exhibits:

1. COI Civiltec Amendment No. 5

2. Civiltec PSA

AMENDMENT NO. 5

TO PROFESSIONAL SERVICES AGREEMENT WITH
CIVILTEC ENGINEERING, INC.

This Amendment No. 5 to the Professional Services Agreement (“Agreement”) is made and entered into this 11th day of December, 2025 (“Effective Date”) by and between the City of Industry, a California municipal corporation (“City”) and Civiltec Engineering, Inc., a California corporation (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, on or about November 9, 2017, the Agreement was entered into and executed between the City and Consultant for engineering design services for preparing Plans, Specifications and Estimate (“PS&E”) for the Four Grade Separation Pump Stations project; and WHEREAS, on or about July 8, 2021, Amendment No. 1 was approved, extending the term of the Agreement through November 9, 2023, to allow Consultant to continue providing engineering design services. Additionally, the scope of services was amended to include additional work due to the 30 percent plan check comments from Los Angeles County (“County”), that included additional hydrology studies and design modifications to the four pump stations. Further, a companion budget increase in the amount of $145,818.00 was approved. In order to comply with best practices, it was necessary to amend the Agreement to include indemnity language specific to independent contractors, and addresses for the City Attorney’s office and the City were also revised; and
WHEREAS, on or about November 10, 2022, Amendment No. 2 was approved, extending the term of the Agreement through November 9, 2024, to allow Consultant to continue providing engineering design services that required additional time due to County comments regarding natural gas generators, and a companion budget increase in the amount of $106,169.00; and
WHEREAS, on or about September 28, 2023, Amendment No. 3 was approved to increase compensation by $76,552.00; and
WHEREAS, on or about October 24, 2024, Amendment No. 4 was approved to extend the term through October 31, 2027; and
WHEREAS, because subsequent plan check comments from the County and City Staff on mechanical, civil, structural and electrical plans required numerous revisions and changes to the plans and specifications, it is necessary to increase compensation by $25,325.00; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 5 as set forth below.

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

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

This amount shall not exceed Six Hundred Four Thousand Three Hundred Eight Dollars and Five Cents ($604,308.05) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

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

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Civiltec Engineering, Inc.

By: ________________________________ By: _______________________________ Cory C. Moss, Mayor C. Shem Hawes, Principal
Attest:

By: ________________________________
Julie Gutierrez-Robles, City Clerk

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

EXHIBIT A TO AMENDMENT NO. 5
PROFESSIONAL SERVICES AGREEMENT WITH CIVILTEC ENGINEERING INC.

DATED NOVEMBER 9, 2017

ITEM NO. 6.11

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
DATE: December 11, 2025
SUBJECT: Consideration of authorization to advertise for public bids for Contract No.

CITY-1527, Temple Avenue Improvements, et al., for an estimated cost of $1,890,000.00
Background:

Temple Avenue, from Baldwin Park Boulevard to the railroad crossing, is a heavily traveled segment for commuters, as it provides an alternate route to the 605 Freeway from Valley Boulevard. Due to this heavy traffic, the pavement has begun to deteriorate and is in need of reconstruction. In addition, this segment currently does not have any streetlights.

Discussion:

The scope of work involves reconstruction of existing roadway pavement from Baldwin Park Boulevard to the railroad crossing. The reconstruction of the pavement will allow for the reduction of roadway cross fall slopes for a more comfortable ride by vehicles. As part of the project, a new PCC sidewalk and streetlight system will be constructed on the southside of Temple Avenue. The existing sidewalk and driveways on the northside will be reconstructed, along with the existing curb ramps within the intersection of Temple Avenue and Baldwin Park Boulevard.

Fiscal Impact:

The estimated cost for this project is $1,890,000.00.

Recommendation:

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

Exhibits:

1. Notice Inviting Bids

2. Engineer's Estimate

3. Section A

4. Reduced Set of Project Plans

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 527

TEMPLE AVENUE RECONSTRUCTION FROM BALDWIN PARK BOULEVARD TO

RAILROAD CROSSING
CONTRACT NO. CITY-1527
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 Thursday, February 26, 2026, 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

The Scope of Work is as follows: The project involves the reconstruction of an existing roadway pavement from Baldwin Park Boulevard to the Railroad Crossing. As part of the project, a new PCC sidewalk and street lights system will be constructed on the southside of Temple Avenue.

The existing sidewalk and driveways on the northside will be reconstruction, along with the existing curb ramps within the intersection of Temple Avenue and Baldwin Park Boulevard.

Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Monday, February 16, 2026 at 5:00 P.M.

CITY OF INDUSTRY
PROJECT NO. 527

TEMPLE AVENUE RECONSTRUCTION FROM BALDWIN PARK BOULEVARD TO

RAILROAD CROSSING
CONTRACT NO. CITY-1527
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 December 11, 2025 Julie Gutierrez-Robles, City Clerk

ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 527

TEMPLE AVENUE RECONSTRUCTION FROM BALDWIN PARK BOULEVARD

TO RAILROAD CROSSING
CONTRACT NO. CITY-1527

ENGINEER'S ESTIMATE
$1,890,000.00

ATTACHMENT B

SECTION A

CITY OF INDUSTRY
PROJECT NO. 527

TEMPLE AVENUE RECONSTRUCTION FROM BALDWIN PARK BOULEVARD TO

RAILROAD CROSSING
CONTRACT NO. CITY-1527
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 Thursday, February 26, 2026, 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: The project involves the reconstruction of an existing roadway pavement from Baldwin Park Boulevard to the Railroad Crossing. As part of the project, a new PCC sidewalk and street lights system will be constructed on the southside

ATTACHMENT C

of Temple Avenue. The existing sidewalk and driveways on the northside will be reconstruction, along with the existing curb ramps within the intersection of Temple Avenue and Baldwin Park Boulevard.

Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Monday, February 16, 2026 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-1527 - TEMPLE AVENUE RECONSTRUCTION FROM BALDWIN PARK BOULEVARD TO RAILROAD CROSSING, 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 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 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 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.

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.

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 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 December 11, 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

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

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

ITEM NO. 6.12

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
DATE: December 11, 2025
SUBJECT: Consideration of an Amendment to the Agreement with MidAmerica Administrative and Retirement Solutions Health Reimbursement Arrangement, to maintain $5,000 in the replenishment account for each eligible employee or retiree
Background:

In July 2016, as a benefit to recruit and retain employees, the City established a Health Reimbursement Arrangement Trust (HRA) contract with MidAmerica to administer reimbursements for eligible medical, dental and vision out-of-pocket expenses. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), which is a U.S. federal law that sets national standards for protecting sensitive patient health information, requires that medical related information (such as receipts for treatment, prescriptions, etc.) are to be reviewed only by those who are certified by HIPAA. To ensure compliance and to provide customer service and support for active and retired employees, the City contracted with MidAmerica to administer the program.

Those covered by this benefit currently have $4,000 deposited into a reimbursement account at the beginning of each calendar year, with a minimum balance of $1,000 maintained weekly in a replenishment account. These funds can only be used for reimbursement of eligible expenses, and any unused funds continue to accumulate each year for future use. Funds deposited into the account earn a guaranteed 1.75% interest for the current year when left to accumulate and compound year over year.

If an employee or retiree incurs more than $4,000 per calendar year of eligible expenses and more than any deposited funds, then the City deposits additional funds upon request.

Employees and retirees who did not use the entire $4,000 may carry any remaining balance over into the following year and combine it with an additional $4,000 deposited into their HRA account on January 1st of each year. This has caused some accounts to continue to grow with minimal usage.

Discussion:

At present, there are 60 active MidAmerica members. Analysis of the program by staff indicates that 47% of members require additional funds deposited each year and 53% accumulate more funds than they use each year. For those 47% needing additional funds, the process requires the employee to request funds, obtain approval from the City, authorization and transmittal of funds, then receipt of funds by MidAmerica before becoming available for use. To expedite availability of funds, utilize staff time more efficiently, and reduce the amount of idle funds, staff recommends amending the agreement with MidAmerica to simply maintain a constant minimum balance of $5,000 at all times for all active members. However, there will not be an automatic deposit made each January like is currently occurring. That constant minimum balance will be automatically replenished, negating the need for staff monitoring or member requests for additional funds. Since $5,000 is the maximum charge allowed on any day by MidAmerica, additional funds will not be necessary and will not provide additional benefit. If major medical expenses are required on a single day, a request can be submitted for additional funds. In these rare cases, the employee or retiree would need to pay the amount over $5,000 and then request reimbursement. Reimbursements can be more than $5,000 per day. For those employees that have a higher balance in their accounts, funds will remain for their eligible use. If this amendment is approved by the City Council, there will be no loss in benefit to any eligible recipients. All eligible expenses will continue to be fully paid by the City through MidAmerica, in the same amounts and in the same process. This change only affects the administration of the account. If approved, a memorandum will be transmitted to all employees and retirees informing them of the change.

Fiscal Impact:

There is no fiscal impact.

Recommendation:

Approve the amended MidAmerica agreement.

Exhibits:

1. MidAmerica Adoption Agreement

ITEM NO. 6.13

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
DATE: December 11, 2025
SUBJECT: Consideration of an Agreement with the County of Los Angeles Fire Department for the Tonner Canyon South Vegetation Management Program
Background:

On May 8, 2025, the City Council approved an Agreement with the Consolidated Fire Protection District of Los Angeles County (commonly known as the County of Los Angeles Fire Department) ("County") to permit the County and its contractors and agents to enter Tonner Canyon to reduce hazardous vegetation (fuels) on the property to reduce fire risk ("Project").

The Agreement was for the period of May 15, 2025, through June 30, 2025.

Discussion:

Due to the success of the Project and an availability of funding, the County has proposed a new 5-year Agreement, through July 1, 2030. No other changes have been made from the prior Agreement. Staff recommends approving the Agreement with the County.

Fiscal Impact:

There is no fiscal impact.

Recommendation:

Staff recommends that the City Council approve the Agreement.

Exhibits:

1. County of Los Angeles Fire Department Permit to Enter Tonner Canyon

2. County of Los Angeles Permit to Enter Tonner Canyon Expired June 30, 2025

ITEM NO. 6.14

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
James Cramsie, Sr. Director of Engineering
Justin Aguilar, Field Operations Project Manager
DATE: December 11, 2025
SUBJECT: Consideration of a Maintenance Services Agreement for Citywide Tree Maintenance Services, with Great Scott Tree Service, Inc., in an amount not to exceed $2,000,000.00 through December 31, 2028
Background:

On May 12, 2025, a Request for Proposals (“RFP”) for Citywide Tree Maintenance Services was posted in the City’s PlanetBids™ vendor portal. The RFP was issued to procure a contractor to furnish all materials, equipment, tools, labor and incidentals as required for tree pruning, tree removal, tree stump removal and tree replacement as approved by the City. The RFP was viewed by 123 prospective bidders. The proposal was due on Monday, June 2, 2025, at 3:00 p.m. Seven (7) proposals were received. Below is a table of all proposers that submitted a proposal for Citywide Tree Maintenance Services.

Proposers
Great Scott Tree Service, Inc.

Greenfield Landscaping and Maintenance, Inc.

Mariposa Tree Management, Inc.

North Star Land Care
Tiger Tree Services, Inc
United Pacific Services, Inc.

West Coast Arborists, Inc.

Upon review of the submitted proposals, Staff selected three companies that presented the best overall fit to the City’s needs for in person interviews which include, in no particular order: Great Scott Tree Service, West Coast Arborists, and North Star Land Care. The interviews were conducted on August 27, 2025. Thereafter, Staff determined that the three interviewed

companies are adequately equipped to meet the requirements for the City-wide tree maintenance services. However, with over 10,000 trees, Staff decided it would be advantageous to split the City into two zones for two companies, and another one for the Industry Hills and the Expo Center areas.

The City’s Municipal Code, section 3.52.030 (B) (4), and the California Public Contract Code (PCC 22002(d)(4)) establishes that a “Public project” does not include “Landscape maintenance.” As a result, tree maintenance service is not subject to the public bidding requirement of the PCC, however it does require compliance with the City Municipal Code (MC) section 3.52.120 - Procedure for awarding maintenance contracts. “Any or all other contracts relating to maintenance of public works or public facilities may be provided for either by competitive bidding, informal public bidding or by negotiated contract, at the discretion of the City Council. (; Ord. 641 § 1, 1999).” Therefore, Staff recommends rejecting the proposals received under the RFP and negotiate separate maintenance contracts per City Municipal Code Sections 3.52.120 and 3.52.130.

Discussion:

Great Scott Tree Service, Inc. (“Great Scott”) has been providing arborists services to southern California municipalities for over 30 years and is well equipped to meet the City’s tree maintenance needs. Staff will coordinate with Great Scott on the locations of tree trimming work, generally being the western half of the City. Pursuant to Section 3.52.120 of the City's Code, the City is permitted to enter into maintenance agreements through a competitive bidding process, informal bidding process, or through negotiated contract, at the discretion of the City Council, Staff is recommending that the City enter a maintenance services agreement with Great Scott for Citywide Tree Maintenance Services, in an amount not to exceed $2,000,000.00 through December 31, 2028.

Fiscal Impact:

The fiscal impact is $2,000,000.00 over three years. In the adopted Fiscal Year 2025-2026 General Fund budget, $4,000,000.00 was approved for this (Account No. 100-624-7410) (JN6201) and Staff will budget accordingly in future fiscal years.

Recommendation:

It is recommended that the City Council approve the Maintenance Services Agreement with Great Scott Tree Service, Inc.

Exhibits:

1. Maintenance Services Agreement with Great Scott Tree Service, Inc., dated December 11, 2025

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”), is made and effective as of December 11, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Great Scott Tree Service, Inc, Inc., a California corporation (“Contractor”). The City and Contractor are hereinafter collectively referred to as the “Parties”.

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

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

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

4. PAYMENT
(a) The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B (“Rate Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Million Dollars ($2,000,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
(c) Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as

practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. LABOR CODE AND PREVAILING WAGES
(a) Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works" and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed. Contractor shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Contractor’s or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
(c) To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Contractor shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code. (e) If the Services are being performed as part of an applicable Public Works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the

Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Agreement and require the same of any subcontractors, as applicable. The Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

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

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

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

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

10. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractors exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Contractor shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Contractor’s or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractor of Contractor, service as an independent contractor. The indemnity provisions set forth in this Section 10 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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

12. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

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

To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Contractor: Great Scott Tree Service, Inc.
10761 Court Avenue
Stanton, California 90680
Scott Griffiths, President

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

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

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

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

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

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “CONTRACTOR”
City of Industry Great Scott Tree Service, Inc.

By:________________________________ By__________________________ Joshua Nelson, City Manager Scott Griffiths, President
Attest:

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

By:

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

EXHIBIT A

SCOPE OF SERVICES
The City maintains approximately 11,900 trees. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required for tree pruning, tree removal, tree stump removal and tree replacement as approved by City. In general, all right-of-way trees on specified streets or neighborhoods will be pruned, with limited exceptions, commonly known as grid pruning. The Contractor will prune all the trees within that grid/zone before proceeding into the next grid or zone, unless otherwise directed by City. Grid pruning services will occur each year on a start date determined by City, outside of bird nesting season. The Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by City. The Contractor will be available for tree removals, stump removals, tree replacements, emergency call-out services, and specialty tree crew rental services on a limited, as-needed basis throughout each year. The Contractor will maintain and annually update a digital tree maintenance inventory, which will be the property of City.

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

The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (“ISA”) standards, American National Standards Institute (“ANSI”) criteria and the standards and requirements described herein in providing tree services. All work performed shall be comply with good arboreal practices within the industry for the particular species of tree being maintained. All of the Contractor’s personnel engaged in the actual trimming of the trees shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g. ground workers) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner.

The Contractor shall conduct all work outlined in this Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor’s employees, agents of City, vendors, members of the public or others from injury or damage to their property. The Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on the property set forth in this Agreement, including a complete written report to the City Manager within 24 hours following the incident.

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

GENERAL PROVISIONS

SUPERVISION
The Contractor must have a certified arborist on staff to supervise all tree maintenance services conducted at any time. The Contractor will be required to provide continual supervision for all operations at the job site and will be subject to administrative direction by City.

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

WORK SCHEDULE
The Contractor will be required to submit a complete schedule of work to be performed to City at least one (1) week prior to the beginning of the work. Normal working hours will be an eight (8) hour day between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. Any adjustments to this schedule must be approved by City. Roads known to have heavy traffic periods may be restricted to work between the hours of 9:00 a.m. and 2:00 p.m.

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

SAFETY
Subject to the approval by the Director of Public Works, whenever streets are to be blocked off, City along with the Los Angeles County Sheriffs and Fire Departments will all be notified by Contractor of the locations and length of time the street will be blocked.

Suitable street, sidewalk barriers, signs, traffic cones and other such equipment will be used by the Contractor.

It is the responsibility of the Contractor to use Work Area Traffic Control Handbook

(W.A.T.C.H. manual latest edition) for traffic control as needed. Adequate traffic control shall be maintained at all times through the work zone, in compliance with the WATCH manual, latest edition.

It is the sole responsibility of the Contractor to ensure the safety of its work. The Contractor will observe all arborist and industrial safety standards.

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

CONDUCT OF OPERATIONS
Cooperation with others: the Contractor will endeavor to maintain good public relations at all times. The work will be conducted in a manner which will cause the least possible interference with or annoyance to the public. Work will be performed by competent workers supervised by a competent supervisor with experience and training in tree trimming and removal.

Contractor will notify resident(s) and business(es) of tree removal or trimming a minimum of 24 hours before commencing work.

Complaints: Complaints resulting from the Contractor's operation will be referred to the Contractor for prompt handling and satisfactory adjustment. All such adjustments will be at the Contractor's expense, whether said complaints arise from City authorities, or from private property owners and others.

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

PERMITS, FEES AND LICENSES
The Contractor shall have a valid and current C-49 contractor license for the duration of the contract. The Contractor is responsible for obtaining a business license and encroachment permit from City. All permit fees and licenses necessary for completion of the work will be paid for by the Contractor

SPECIAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Crown Raising: The removal of lower branches of a tree in order to provide clearance for buildings, a clearance of 13 feet to 16 feet for vehicular traffic and 11 feet for pedestrian traffic. The tree will have at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure.

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

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

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

Removals: Trees that are to be removed will be designated by City only. Trees removed will be cut flush to finish grade or lower. Care will be taken to protect surrounding landscape plants that will be remaining at the completion of the project.

Each will be marked at breast height with orange paint. All tree removals will include complete stump grinding except when determined unnecessary by City.

ROOT PRUNING
Root pruning shall be performed upon request by the Public Works Director, or designee. Root pruning will be performed no closer than 24 inches (24”) from base of tree and no deeper than 12 inches (12”).

Contractor shall provide all equipment, labor and materials necessary for the root pruning of trees throughout City in accordance with the specifications herein.

No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.

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

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

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

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

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

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

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

RECORDKEEPING
The contractor will be responsible for managing a City tree maintenance database,

which will be shared with City staff on a regular basis, as determined by City.

GPS TREE DATA COLLECTION
The Contractor will be responsible for regularly updating the City’s GPS tree database as conditions require, including any trees removed or newly planted, and submit in a GIS-compatible format acceptable to the City’s GIS system and Cartegraph application.

The Contractor shall be required to create an ESRI ArcGIS Pro compatible "shape file".

The data shall be compatible with the latest version of ArcGIS Pro. If the Contractor utilizes proprietary software for GPS tree management, the Contractor will still be required to submit GIS-compatible data to City, and the tree inventory and maintenance data are the property of City, and City should have access to the Contractor’s software.

The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The information collected shall, at a minimum, include the confirmation of the tree asset number, tree type, trunk diameter, height, canopy spread, maintenance needs, previous pruning date, and the general condition of the tree.

DISPOSAL OF GREEN WASTE
All tree debris produced as a result of the Contractor’s operations under the contract will be reduced, reused, recycled, and/or transformed. Weight slips may be required as proof of final disposal, and invoices will not be processed unless accompanied with weight slips of recycled waste. Reducing will include, but not be limited to, chipping, grinding and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and mulching program.

Transformation will include, but not be limited to, firewood that is too large to be chipped, ground, or shredded for use as mulch. If wood is to be kept for firewood by the Contractor, the Contractor must provide proof of such an operation to City.

Green waste generated from the tree maintenance activities shall be used towards the City’s recycling credits. The Contractor shall provide backup certified reports regarding efforts. Organic waste recycling required herein shall be in compliance with Senate Bill 1383, Assembly Bill 939, and Chapter 8.20 of the City’s Municipal Code.

EXHIBIT B

RATE SCHEDULE

ATTACHMENT 2 – COST PROPOSAL

CITY OF INDUSTRY CITYWIDE TREE MAINTENANCE SERVICES
Please fill in the following unit prices for the services below:

SERVICE DESCRIPTION UNIT PRICE
lnstall15-gallon replacement trees $_________
Install 24-inch box replacement trees $_________
Tree removal and stump grinding based on diameter at breast height:
1 - 6 inches $_________
7 -12 inches $_________
13-18 inches $_________
19- 24 inches $_________
25 or more inches $_________
Stump Grinding Only per Inch $_________
Root Pruning per linear foot $_________
Crew Hourly Rate (per man hour) $_________
Emergency Crew Hourly Rate (per man hour) $_________
Service Request Tree Pruning: Trees requiring pruning prior to their next regularly scheduled prune will be performed at the following rates based on tree size. 0 – 6” DBH PER TREE $_________
7-12” DBH PER TREE $_________
13-18” DBH PER TREE $_________
19-24” DBH PER TREE $_________
25” DBH & OVER PER TREE $_________
Pruning for Crown Reduction or Crown Restoration: Crown Reduction is used to reduce the height and/or spread of a tree. Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility line clearance, to clear vegetation from buildings or other structures, or to improve the appearance of the tree.

Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. The goal of restoration is to improve a tree structure, form, or appearance.
0 – 6” DBH PER TREE $_________
7-12” DBH PER TREE $_________
13-18” DBH PER TREE $_________
19-24” DBH PER TREE $_________
25” DBH & OVER PER TREE $_________
PALM TREE SKINNING Per Linear Foot $_________
PALM TREE TRIMMING Per Tree
Includes the removal of fronds, seeds, and pods.

California Fan Palm $_________
Canary Island Date Palm $_________
Date Palm $_________
King Palm $_________
Mediterranean Fam Palm $_________
Mexican Fan Palm $_________
Queen Palm $_________
Windmill Palm $_________
TREE ONLY REMOVAL Per diameter inch $_________
Diameter, using a caliper, of trees to be measured at 4 feet above soil level. City prepares list of trees to be removed, marks trees, notifies businesses and homeowners and submits lists to Contractor. Crew removes tree and hauls all debris.

TREE PLANTING BASED ON SIZE
Planting includes the tree, stakes, ties and complete installation. Planting lists should be compiled by the Inspector and submitted monthly or as needed. Contractor will guarantee the life of the tree for a period of THIRTY (30) calendar days, excluding vandalism and extreme weather conditions. After THIRTY (30) days, the tree will be the responsibility of the City.
36-INCH BOX Each $_________
48-INCH BOX Each $_________
TREE WATERING SERVICES per man hour $_________
A standard tree watering crew consists of 1 person with water truck. Cost of water not included. Price includes traffic control.

EMERGENCY RESPONSE SERVICES (During business hours)
per man hour $_________
(Business hours shall be defined as Monday through Friday, 7:00am to 5:00pm; if Contractor is not performing scheduled work in the City) Price includes personnel required for the response and standard equipment such as an aerial tower, chipper dump truck, a Vermeer chipper, small hand tools, and chainsaws. Cost

also includes traffic control, cleanup, hauling away debris and recording the work history.

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

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

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

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

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

ARBORIST SERVICES INCLUDING REPORT WRITING
On occasion, the City may require tree evaluations including written reports. Contractor shall provide an hourly rate for an Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations and/or site inspections. Reporting can be generated on one tree or many trees and is handled on a case-by-case basis. The arborist services set forth herein exclude the arborist services set forth under Scope of Services, General Provisions - Supervision, which are included at no additional cost to the City.

Written Arborist Reports, Per hour $_________
Level 1, 2 or 3 Risk Assessments, Per Hour $_________
Presentation to City Council, etc., Per Hour $_________ Air Spade services, Per Hour $_________
Fumigation services, Per Hour $_________
Fertilization services, Per Hour $_________
Soil Testing/Soil Enhancements, Per Hour $_________
Citywide Tree Risk Survey, Per Tree $_________
Laboratory testing (i.e., Soil, limb, etc.) each at cost

GPS TREE DATA COLLECTION
Collect and record GPS tree inventory data for each City-owned tree. Contractor agrees to provide use of its software program, if used, at no additional cost, while under an agreement for tree maintenance services. Data will be downloaded and provided to the City periodically for all tree information and progress updates directly into City’s software, Cartegraph. After Contractor is finished, the City shall own all the data in Cartegraph.

Collect 1 – 5,000 trees, Per tree site $_________
Collect over 5,000 trees, Per tree site $_________

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to 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 $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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

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

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

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

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

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

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

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

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

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

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance 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.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

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

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.

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

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

City’s right to revise specifications. 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 ninety (90) days 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 the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Contractor shall give the 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.

ITEM NO. 6.15

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
James Cramsie, Sr. Director of Engineering
Justin Aguilar, Field Operations Project Manager
DATE: December 11, 2025
SUBJECT: Consideration of a Maintenance Services Agreement for Citywide Tree Maintenance Services with West Coast Arborists, Inc., in an amount not to exceed $2,000,000.00 through December 31, 2028
Background:

On May 12, 2025, a Request for Proposals (“RFP”) for Citywide Tree Maintenance Services was posted in the City’s PlanetBids™ vendor portal. This RFP was bid to procure a contractor to furnish all materials, equipment, tools, labor and incidentals as required for tree pruning, tree removal, tree stump removal and tree replacement as approved by the City. The bid was viewed by 123 prospective bidders. The proposal was due on Monday, June 2, 2025, at 3:00 p.m.

Seven (7) bids were received. Below is a table of all proposers that submitted a proposal for Citywide Tree Maintenance Services.

Proposers
Great Scott Tree Service, Inc.

Greenfield Landscaping and Maintenance, Inc.

Mariposa Tree Management, Inc.

North Star Land Care
Tiger Tree Services, Inc
United Pacific Services, Inc.

West Coast Arborists, Inc.

Upon review of the submitted proposals, Staff selected three companies that presented the best overall fit for the City’s needs for in-person interviews which include, in no particular order: Great Scott Tree Service, West Coast Arborists, and North Star Land Care. The interviews were

conducted on August 27, 2025. Thereafter, Staff determined that the three interviewed companies are adequately equipped to meet the requirements for the City-wide tree maintenance services. However, with over 10,000 trees, Staff decided it would be advantageous to split the City into two zones for two companies, one for the western portion and another for the eastern portion, which would allow for an efficiency of work progress throughout the year.

Additionally, in emergency situations, due to inclement weather, for example, Staff would have more access to emergency crews City-wide to respond. Staff is also proposing that another company provide tree maintenance services to CRIA for the Industry Hills and the Expo Center areas, in which over 12,000 trees are located, and the IPHMA parcels, which have around 250 trees. This is also advantageous for crew availability throughout the year and in emergency situations.

The City’s Municipal Code, section 3.52.030 (B) (4), and the California Public Contract Code (PCC 22002(d)(4)) establishes that a “Public project” does not include “Landscape maintenance.” As a result, tree maintenance service is not subject to the public bidding requirement of the PCC, however it does require compliance with the City Municipal Code (MC) section 3.52.120 - Procedure for awarding maintenance contracts. “Any or all other contracts relating to maintenance of public works or public facilities may be provided for either by competitive bidding, informal public bidding or by negotiated contract, at the discretion of the City Council. (Ord. 605 § 1, 1994; Ord. 641 § 1, 1999).” Therefore, Staff recommends that the City Council reject all bids, and negotiate separate maintenance contracts in accordance with Sections 3.52.120 and 3.52.130 of the City’s Code.

Discussion:

Pursuant to Section 3.52.120 of the City's Code, the City is permitted to enter into maintenance agreements through a competitive bidding process, informal bidding process, or through negotiated contract, at the discretion of the City Council. Given that West Coast Arborists (“WCA”) has been providing the City with arborist services since November of 2020, and is well equipped and familiar with the City’s tree maintenance needs, Staff is recommending that the City enter into a maintenance service agreement with WCA so that the company can continue providing a portion of the City with arborist services. Staff will coordinate with WCA on the locations of tree trimming work, generally being the eastern half of the City. Staff recommends approving a Maintenance Services Agreement with West Coast Arborists for Citywide Tree Maintenance Services, in an amount not to exceed $2,000,000.00, through December 31, 2028.

Fiscal Impact:

The fiscal impact is $2,000,000.00 over three years. In the adopted Fiscal Year 2025-2026 General Fund budget, $4,000,000.00 was approved for this (Account No. 100-624-7410) (JN6201) and Staff will budget accordingly in future fiscal years.

Recommendation:

It is recommended that the City Council approve the Maintenance Services Agreement with WCA.

Exhibits:

1. Maintenance Services Agreement with West Coast Arborists, Inc., dated December 11, 2025

CITY OF INDUSTRY

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”), is made and effective as of December 11, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor”). The City and Contractor are hereinafter collectively referred to as the “Parties”.

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

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

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

4. PAYMENT
(a) The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B (“Rate Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Million Dollars ($2,000,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
(c) Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as

practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. LABOR CODE AND PREVAILING WAGES
(a) Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works" and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed. Contractor shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Contractor’s or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
(c) To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
(d) Contractor shall comply with the legal days work and overtime requirements of Sections 1813 and 1815 of the Labor Code. (e) If the Services are being performed as part of an applicable Public Works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the

Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Agreement and require the same of any subcontractors, as applicable. The Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

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

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

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

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

10. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractors exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Contractor shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Contractor’s or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractor of Contractor, service as an independent contractor. The indemnity provisions set forth in this Section 10 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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

12. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “CONTRACTOR”
City of Industry West Coast Arborists, Inc.

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

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

By:

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

EXHIBIT A

SCOPE OF SERVICES
The City maintains approximately 11,900 trees. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required for tree pruning, tree removal, tree stump removal and tree replacement as approved by City. In general, all right-of-way trees on specified streets or neighborhoods will be pruned, with limited exceptions, commonly known as grid pruning. The Contractor will prune all the trees within that grid/zone before proceeding into the next grid or zone, unless otherwise directed by City. Grid pruning services will occur each year on a start date determined by City, outside of bird nesting season. The Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by City. The Contractor will be available for tree removals, stump removals, tree replacements, emergency call-out services, and specialty tree crew rental services on a limited, as-needed basis throughout each year. The Contractor will maintain and annually update a digital tree maintenance inventory, which will be the property of City.

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

The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (“ISA”) standards, American National Standards Institute (“ANSI”) criteria and the standards and requirements described herein in providing tree services. All work performed shall be comply with good arboreal practices within the industry for the particular species of tree being maintained. All of the Contractor’s personnel engaged in the actual trimming of the trees shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g. ground workers) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner.

The Contractor shall conduct all work outlined in this Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor’s employees, agents of City, vendors, members of the public or others from injury or damage to their property. The Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on the property set forth in this Agreement, including a complete written report to the City Manager within 24 hours following the incident.

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

GENERAL PROVISIONS

SUPERVISION
The Contractor must have a certified arborist on staff to supervise all tree maintenance services conducted at any time. The Contractor will be required to provide continual supervision for all operations at the job site and will be subject to administrative direction by City.

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

WORK SCHEDULE
The Contractor will be required to submit a complete schedule of work to be performed to City at least one (1) week prior to the beginning of the work. Normal working hours will be an eight (8) hour day between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. Any adjustments to this schedule must be approved by City. Roads known to have heavy traffic periods may be restricted to work between the hours of 9:00 a.m. and 2:00 p.m.

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

SAFETY
Subject to the approval by the Director of Public Works, whenever streets are to be blocked off, City along with the Los Angeles County Sheriffs and Fire Departments will all be notified by Contractor of the locations and length of time the street will be blocked.

Suitable street, sidewalk barriers, signs, traffic cones and other such equipment will be used by the Contractor.

It is the responsibility of the Contractor to use Work Area Traffic Control Handbook

(W.A.T.C.H. manual latest edition) for traffic control as needed. Adequate traffic control shall be maintained at all times through the work zone, in compliance with the WATCH manual, latest edition.

It is the sole responsibility of the Contractor to ensure the safety of its work. The Contractor will observe all arborist and industrial safety standards.

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

CONDUCT OF OPERATIONS
Cooperation with others: the Contractor will endeavor to maintain good public relations at all times. The work will be conducted in a manner which will cause the least possible interference with or annoyance to the public. Work will be performed by competent workers supervised by a competent supervisor with experience and training in tree trimming and removal.

Contractor will notify resident(s) and business(es) of tree removal or trimming a minimum of 24 hours before commencing work.

Complaints: Complaints resulting from the Contractor's operation will be referred to the Contractor for prompt handling and satisfactory adjustment. All such adjustments will be at the Contractor's expense, whether said complaints arise from City authorities, or from private property owners and others.

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

PERMITS, FEES AND LICENSES
The Contractor shall have a valid and current C-49 contractor license for the duration of the contract. The Contractor is responsible for obtaining a business license and encroachment permit from City. All permit fees and licenses necessary for completion of the work will be paid for by the Contractor

SPECIAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Crown Raising: The removal of lower branches of a tree in order to provide clearance for buildings, a clearance of 13 feet to 16 feet for vehicular traffic and 11 feet for pedestrian traffic. The tree will have at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure.

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

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

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

Removals: Trees that are to be removed will be designated by City only. Trees removed will be cut flush to finish grade or lower. Care will be taken to protect surrounding landscape plants that will be remaining at the completion of the project.

Each will be marked at breast height with orange paint. All tree removals will include complete stump grinding except when determined unnecessary by City.

ROOT PRUNING
Root pruning shall be performed upon request by the Public Works Director, or designee. Root pruning will be performed no closer than 24 inches (24”) from base of tree and no deeper than 12 inches (12”).

Contractor shall provide all equipment, labor and materials necessary for the root pruning of trees throughout City in accordance with the specifications herein.

No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.

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

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

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

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

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

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

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

RECORDKEEPING
The contractor will be responsible for managing a City tree maintenance database,

which will be shared with City staff on a regular basis, as determined by City.

GPS TREE DATA COLLECTION
The Contractor will be responsible for regularly updating the City’s GPS tree database as conditions require, including any trees removed or newly planted, and submit in a GIS-compatible format acceptable to the City’s GIS system and Cartegraph application.

The Contractor shall be required to create an ESRI ArcGIS Pro compatible "shape file".

The data shall be compatible with the latest version of ArcGIS Pro. If the Contractor utilizes proprietary software for GPS tree management, the Contractor will still be required to submit GIS-compatible data to City, and the tree inventory and maintenance data are the property of City, and City should have access to the Contractor’s software.

The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The information collected shall, at a minimum, include the confirmation of the tree asset number, tree type, trunk diameter, height, canopy spread, maintenance needs, previous pruning date, and the general condition of the tree.

DISPOSAL OF GREEN WASTE
All tree debris produced as a result of the Contractor’s operations under the contract will be reduced, reused, recycled, and/or transformed. Weight slips may be required as proof of final disposal, and invoices will not be processed unless accompanied with weight slips of recycled waste. Reducing will include, but not be limited to, chipping, grinding and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and mulching program.

Transformation will include, but not be limited to, firewood that is too large to be chipped, ground, or shredded for use as mulch. If wood is to be kept for firewood by the Contractor, the Contractor must provide proof of such an operation to City.

Green waste generated from the tree maintenance activities shall be used towards the City’s recycling credits. The Contractor shall provide backup certified reports regarding efforts. Organic waste recycling required herein shall be in compliance with Senate Bill 1383, Assembly Bill 939, and Chapter 8.20 of the City’s Municipal Code.

EXHIBIT B

RATE SCHEDULE

ATTACHMENT 2 – COST PROPOSAL

CITY OF INDUSTRY CITYWIDE TREE MAINTENANCE SERVICES
Please fill in the following unit prices for the services below:

SERVICE DESCRIPTION UNIT PRICE

lnstall15-gallon replacement trees $_________
Install 24-inch box replacement trees $_________
Tree removal and stump grinding based on diameter at breast height:
1 - 6 inches $_________
7 -12 inches $_________
13-18 inches $_________
19- 24 inches $_________
25 or more inches $_________
Stump Grinding Only per Inch $_________
Root Pruning per linear foot $_________
Crew Hourly Rate (per man hour) $_________
Emergency Crew Hourly Rate (per man hour) $_________
Service Request Tree Pruning: Trees requiring pruning prior to their next regularly scheduled prune will be performed at the following rates based on tree size. 0 – 6” DBH PER TREE $_________
7-12” DBH PER TREE $_________
13-18” DBH PER TREE $_________
19-24” DBH PER TREE $_________
25” DBH & OVER PER TREE $_________
Pruning for Crown Reduction or Crown Restoration: Crown Reduction is used to reduce the height and/or spread of a tree. Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility line clearance, to clear vegetation from buildings or other structures, or to improve the appearance of the tree.

Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. The goal of restoration is to improve a tree structure, form, or appearance.
0 – 6” DBH PER TREE $_________
7-12” DBH PER TREE $_________
13-18” DBH PER TREE $_________
19-24” DBH PER TREE $_________
25” DBH & OVER PER TREE $_________
PALM TREE SKINNING Per Linear Foot $_________
PALM TREE TRIMMING Per Tree
Includes the removal of fronds, seeds, and pods.

California Fan Palm $_________
Canary Island Date Palm $_________
Date Palm $_________
King Palm $_________
Mediterranean Fam Palm $_________
Mexican Fan Palm $_________
Queen Palm $_________
Windmill Palm $_________
TREE ONLY REMOVAL Per diameter inch $_________
Diameter, using a caliper, of trees to be measured at 4 feet above soil level. City prepares list of trees to be removed, marks trees, notifies businesses and homeowners and submits lists to Contractor. Crew removes tree and hauls all debris.

TREE PLANTING BASED ON SIZE
Planting includes the tree, stakes, ties and complete installation. Planting lists should be compiled by the Inspector and submitted monthly or as needed. Contractor will guarantee the life of the tree for a period of THIRTY (30) calendar days, excluding vandalism and extreme weather conditions. After THIRTY (30) days, the tree will be the responsibility of the City.
36-INCH BOX Each $_________
48-INCH BOX Each $_________
TREE WATERING SERVICES per man hour $_________
A standard tree watering crew consists of 1 person with water truck. Cost of water not included. Price includes traffic control.

EMERGENCY RESPONSE SERVICES (During business hours)
per man hour $_________
(Business hours shall be defined as Monday through Friday, 7:00am to 5:00pm; if Contractor is not performing scheduled work in the City) Price includes personnel required for the response and standard equipment such as an aerial tower, chipper dump truck, a Vermeer chipper, small hand tools, and chainsaws. Cost

also includes traffic control, cleanup, hauling away debris and recording the work history.

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

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

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

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

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

ARBORIST SERVICES INCLUDING REPORT WRITING
On occasion, the City may require tree evaluations including written reports. Contractor shall provide an hourly rate for an Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations and/or site inspections. Reporting can be generated on one tree or many trees and is handled on a case-by-case basis. The arborist services set forth herein exclude the arborist services set forth under Scope of Services, General Provisions - Supervision, which are included at no additional cost to the City.

Written Arborist Reports, Per hour $_________
Level 1, 2 or 3 Risk Assessments, Per Hour $_________
Presentation to City Council, etc., Per Hour $_________ Air Spade services, Per Hour $_________
Fumigation services, Per Hour $_________
Fertilization services, Per Hour $_________
Soil Testing/Soil Enhancements, Per Hour $_________
Citywide Tree Risk Survey, Per Tree $_________
Laboratory testing (i.e., Soil, limb, etc.) each at cost

GPS TREE DATA COLLECTION
Collect and record GPS tree inventory data for each City-owned tree. Contractor agrees to provide use of its software program, if used, at no additional cost, while under an agreement for tree maintenance services. Data will be downloaded and provided to the City periodically for all tree information and progress updates directly into City’s software, Cartegraph. After Contractor is finished, the City shall own all the data in Cartegraph.

Collect 1 – 5,000 trees, Per tree site $_________
Collect over 5,000 trees, Per tree site $_________

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance 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.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

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

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.

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

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

City’s right to revise specifications. 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 ninety (90) days 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 the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Contractor shall give the 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.

ITEM NO. 6.16
Backup Material will be distributed prior to Meeting

ITEM NO. 7.1

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
Kathy Tai, Dev. Services Manager
DATE: December 11, 2025
SUBJECT: Introduction and Consideration of an Ordinance, Adopting by Reference the Los Angeles County Building Codes

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,

CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2, TITLE 26 OF THE LOS

ANGELES COUNTY BUILDING CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA BUILDING CODE 2025 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY PLUMBING CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA PLUMBING
CODE 2025 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY

ELECTRICAL CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA ELECTRICAL CODE 2025 EDITION; TITLE 29 OF THE

LOS ANGELES COUNTY MECHANICAL CODE, INCORPORATING BY
REFERENCE THE CALIFORNIA MECHANICAL CODE 2025 EDITION;
TITLE 30 OF THE LOS ANGELES COUNTY RESIDENTIAL CODE,

INCORPORATING BY REFERENCE THE CALIFORNIA RESIDENTIAL
CODE 2025 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY

EXISTING BUILDING CODE, INCORPORATING BY REFERENCE THE
CALIFORNIA EXISTING BUILDING CODE 2025 EDITION; ADOPTING

LOCAL AMENDMENTS THERETO, AND MAKING FINDINGS FOR
SAME; AND ADOPTING A NOTICE OF EXEMPTION REGARDING
SAME
Background:

Every three years, the State of California Building Standards Commission (“BSC”) adopts the California Building Standards Code (“Code”), which sets forth construction standards that must be followed Statewide. Pursuant to Health and Safety Code Sections 17958 and 17958.5, cities