CITY COUNCIL SPECIAL MEETING AGENDA
JANUARY 15, 2026
CITY COUNCIL
SPECIAL MEETING
AGENDA
JANUARY 15, 2026 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.
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: 270 500 264 705 9
Meeting Passcode: oD3h3rj3
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 668 663 952#
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL SPECIAL MEETING AGENDA
JANUARY 15, 2026
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for December 25, 2025 RECOMMENDED ACTION: Ratify the Register of Demands for
December 25, 2025.
6.2. Consideration of the Register of Demands for January 15, 2026 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate City Officials to pay the bills.
6.3. Consideration of Amendment No. 2 to the Agreement for Design-Build Services with Progressive Trail Design, for the Design and Construction of a Mountain Biking Trail at Industry Hills, Phase II
RECOMMENDED ACTION: Approve the Amendment.
6.4. Consideration of authorization to advertise for public bids for Contract No.
CITY-1554, Citywide Catch Basin Retrofits – Phase 3, for an estimated cost of $263,000.00
RECOMMENDED ACTION: Approve the plans and specifications and authorize the solicitation of public bids.
7. ACTION ITEMS-NONE
8. PUBLIC HEARINGS-NONE
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, 306-021-17, 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, 8714-028-270, 8714-
CITY COUNCIL SPECIAL MEETING AGENDA
JANUARY 15, 2026
028-271, 8714-029-270
Agency Negotiators: Joshua Nelson, City Manager
Jamie M. Casso, City Attorney
Negotiating Parties: Southern California Edison Company Under Negotiation: Price and terms of payments
9.2. Conference with Legal Counsel -- Threat to Public Services or Facilities Pursuant to Government Code Section 54957(a)(1).
9.3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) 14 potential cases
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. Adjournment. The next regular City Council Meeting is Thursday, January 22, 2026, at 9:00 AM.
ITEM NO. 6.1
ITEM NO. 6.2
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
DATE: January 15, 2026
SUBJECT: Consideration of Amendment No. 2 to the Agreement for Design-Build Services with Progressive Trail Design, for the Design and Construction of a Mountain Biking Trail at Industry Hills, Phase II
Background:
On February 11, 2025, Staff released a Request for Proposals (“RFP”) for the Design-Build of a Mountain Biking Trail at Industry Hills. The trail will consist of a three-mile Mountain Biking Trail suitable for competitive Union Cyclist International and/or International Mountain Biking Association sanctioned events, and recreational use incorporating berms, rollers, jumps and technical turns. On May 22, 2025, staff approved the Agreement for Design-Build Services with Progressive Trail Design (“PTD”) and authorized the commencement of Phase I.
On August 28, 2025, staff approved Amendment No. 1 to the Agreement authorizing PTD to commence Phase 2 and increase compensation.
Discussion:
Although PTD’s original course design fully complied with all UCI requirements and standards, UCI subsequently issued two separate requests for additional modifications. UCI’s initial draft review, dated March 12, 2025, was not received by PTD or the City until August 13, 2025 (a six month delay). Thereafter, on September 9, 2025, UCI submitted a further request requiring additional course modifications, including a shortened route. Subsequently, on October 22, 2025, UCI expressed a preference for establishing doubleaccess feed zones and technical zones at both the start and finish areas.
These revisions will directly affect the current Phase 2 completion deadline of November 15, 2025, as established in Amendment No. 1. PTD has requested that the Phase 2 completion date be extended to March 31, 2026. Staff has reviewed and agrees with PTD’s proposed change order.
Fiscal Impact:
There is no fiscal impact.
Recommendation:
Approve Amendment No. 2 to the Agreement for Design-Build Services with Progressive Trail Design.
Exhibits:
1. Amendment No. 2 to the Agreement for Design-Build with Progressive Trail Design, dated January 15, 2026.
2. Progressive Trail Design Change Order No. 1, dated October 30, 2025
3. Design Build Agreement with Progressive Trail Design, dated May 22, 2025
EXHIBIT 1
Amendment No. 2, Agreement for Design-Build with Progressive Trail Design, dated January 15, 2026
[Attached]
AMENDMENT NO. 2
AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN-BUILD SERVICES WITH PROGRESSIVE TRAIL DESIGN, LLC.
This Amendment No. 1 to the AGREEMENT FOR DESIGN BUILD SERVICES (“Agreement”), is made and effective as of January 15th, 2026 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Progressive Trail Design LLC an Arkansas limited liability company (“Design Builder”). The City and Design Builder are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about May 22, 2025, the City Council approved a Design-Build Agreement (“Agreement”) with Design Builder for Phase 1 - Preliminary Engineering and Design, for a mountain bike course, in the amount of $80,000.00. The scope of work included the preliminary engineering and conceptual design of the course; and WHEREAS, on or about August 28th, 2025, the City Council approved Amendment No. 1 to extend the completion date of Phase 2 to November 15, 2025, and increase compensation; and
WHEREAS, Union Cycliste International (“UCI”) provided comments on September 9, 2025, and requested additional course modifications to further shorten the route, and provided additional comments on October 22, 2025, revising double-access feed zone and technical zone areas at both the start and finish of the track; and
WHEREAS, additional design time is needed to address the comments received from UCI during the final design review for Phase 2, consisting of Construction Drawings, Architectural/Engineering, Permitting and must now be completed by March 31, 2026, and WHEREAS, for the reasons set forth herein, City and Design Builder 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, incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
ARTICLE 5 – CONTRACT TIME
The first sentence of “Phase 2”, shall be revised to read in its entirety as follows:
The Design Builder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work for Phase 2 by March 31, 2026, the “Phase 2 Time”.
AMENDMENT NO. 2
The person or persons executing this Agreement on behalf of Design Builder represents and warrants that he has the authority to execute this Agreement on behalf of Design Builder and has the authority to bind Design Builder to the performance of its obligations hereunder. “CITY” “DESIGN BUILDER”
City of Industry Progressive Trail Design, LLC
By:
Cory C. Moss, Mayor
Attest:
By:
Julie Gutierrez-Robles, City Clerk
Approved as to form:
By: __________________________
James M. Casso, City Attorney
By:____________________________________
Nathan Woodruff, CEO
EXHIBIT 2
Progressive Trail Design Change Order No. 1, dated October 30, 2025 [Attached]
CHANGE ORDER NO. #1
Date: October 30, 2025
Project: 2025 - 01 – Mountain Biking Trail at Industry Hills Design-Build Phase 2 Subject: Request for Additional Design Time – City of Industry To: City of Industry (COI)
Attn: Joshua Nelson, PE, City Manager
Hello Josh,
As discussed in our previous meetings and based on insights gained from the UCI review process, Change Order #1 serves as the formal request to allocate additional design time specifically for Phase 2 Construction Drawings. This additional time is essential to ensure the successful delivery of the project through substantial completion. This adjustment will not impact the team’s ability to complete Phase 3 ahead of the test event or future Olympic event milestones.
Brief Summary of Changes:
• The UCI Review, originally drafted on March 12, 2025, was not received by PTD or the COI design team until August 13, 2025; a six-month delay that had significant implications for the course length and layout. • The UCI requested additional course modifications to further shorten the route on September 9, 2025. PTD had already implemented course adjustments in August to meet UCI standards, and the resulting course length was understood by the LA28 team to be compliant with UCI requirements.
• UCI has expressed a preference for a double-access feed zone and technical zone area at both the start and finish. Our feed zone layout has consistently adhered to UCI requirements through multiple iterations and reviews since early 2025.
The communication received on October 22, 2025, was the first indication we had of this specific course changing preference.
Impact on Schedule: The design development deadline per the contract is November 15, 2025, and on approval this change order request will also adjust the Phase 2 project timeline to a revised substantial completion date of March 31, 2026, and the kick-off of Phase 3 to April 1, 2026.
New Deadline for Phase 2: MARCH 31, 2026.
Design Fee Estimate: NO FEE CHANGES OCCUR WITH THIS CHANGE ORDER #1.
Please review this change order request and provide approval at your earliest convenience so we can proceed without delay. PTD hereby certifies that all work specified in this Change Order shall be performed according to the original design contract requirements except as modified by Change Order(s).
CITY OF INDUSTRY - Approval PROGRESSIVE TRAIL DESIGN - Approval By: By
Title: Title: Principal Landscape Architect
Date: Date: October 30, 2025
EXHIBIT 3
Progressive Trail Design Fees and Project Timeline, dated May 13, 2025 [Attached]
ITEM NO. 6.4
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: January 15, 2026
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY-1554, Citywide Catch Basin Retrofits – Phase 3, for an estimated cost of $263,000.00 Background:
In April of 2016, the Los Angeles Regional Water Quality Control Board (“LARWQCB”) approved the Upper San Gabriel River (“USGR”) Enhanced Watershed Management Program (“EWMP”), of which the City is a member. The EWMP outlines measures to control and improve the quality of stormwater runoff being generated from the City’s jurisdiction.
As part of the EWMP, the City will retrofit the existing catch basins within the City’s jurisdiction with full capture devices as one of the measures to improve water quality. These devices capture trash as small at 5 mm in size.
Subsequent to the approval of the EWMP, the LARWQCB issued a letter in August of 2017 requesting jurisdictions to select how they would comply with the Statewide Trash Amendment, issued by the State Water Resources Control Board (“SWRCB”). In November of 2017, the City selected Tract 1, which requires installation of full capture devices in all catch basins within the City’s jurisdiction by December 2030.
Within the City’s jurisdiction, there are approximately 783 catch basins. Given the large number of catch basins, the EWMP proposed to retrofit them using a phased approach. On October 12, 2017, the City issued Contract No. CITY-1435, Citywide Catch Basin Retrofit – Phase 1, that involved the retrofit of 259 catch basins designated as being in locations with high trash generation by adding Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS).
On October 10, 2019, the City issued Agreement No. CIP-SD-18-040-B, Citywide Catch Basin Retrofit – Phase 2, that involved the retrofit of 126 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) throughout the City.
Discussion:
Staff has prepared plans and specifications for Phase 3 of the above project. The scope of work involves the retrofit of 63 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens
(ARS) throughout the City. The estimated cost for this project is $263,000.00 and is paid for by Measure W funds.
Fiscal Impact:
The estimated cost for this project is $263,000.00.
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 – Pages A-1 through A-8
4. Reduced Set of Project Plans
FOR PUBLICATION
NOTICE INVITING BIDS FOR:
CITY OF INDUSTRY
PROJECT NO. 554
Citywide Catch Basin Retrofit - Phase 3
CONTRACT NO. CITY-1554
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, March 5, 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: Furnish and Install Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) in sixty-three (63) existing City and County owned catch basin citywide.
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Friday, February 20, 2026 at 5:00 p.m.
CITY OF INDUSTRY
PROJECT NO. 554
Citywide Catch Basin Retrofit - Phase 3
CONTRACT NO. CITY-1554
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 January 15, 2026 Julie Gutierrez-Robles, City Clerk
ESTIMATE FOR:
CITY OF INDUSTRY
PROJECT NO. 554
Citywide Catch Basin Retrofit - Phase 3
CONTRACT NO. CITY-1554
ENGINEER'S ESTIMATE
$235,000.00
ATTACHMENT B
Contract No. CITY-1554 – Specifications A-1
SECTION A
CITY OF INDUSTRY
PROJECT NO. 554
Citywide Catch Basin Retrofit - Phase 3
CONTRACT NO. CITY-1554
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, March 5, 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: Furnish and Install Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) in sixty-three (63) existing City and County owned catch basin citywide.
ATTACHMENT C
Contract No. CITY-1554 – Specifications A-2
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Friday, February 20, 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-1554 - Citywide Catch Basin Retrofit - Phase 3, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBidsTM, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the CITY and will be given a deadline to submit.
The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.
The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least B+:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.
CONTRACTOR
INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified
Contract No. CITY-1554 – Specifications A-3
in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the CITY.
Contractor shall provide the following types and amounts of insurance:
Without limiting Contractor’s indemnification of CITY, and prior to commencement of the Project, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the CITY.
General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability (“CGL”) policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.
Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s
Contract No. CITY-1554 – Specifications A-4
Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, its officers, agents, employees and volunteers.
Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Other provisions or requirements:
Proof of Insurance. Contractor shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the CITY shall not be required to
Contract No. CITY-1554 – Specifications A-5
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.
Contract No. CITY-1554 – Specifications A-6
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.
Contract No. CITY-1554 – Specifications A-7
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
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.
The following Labor Code sections are hereby referenced and made a part of this Agreement:
Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
Section 1777.4, Apprenticeship Requirements.
Section 1777.5, Apprenticeship Requirements.
Section 1813, Penalty for Failure to Pay Overtime.
Section 1810 and 1811, Working Hour Restrictions.
Section 1775, Payroll Records.
Section 1773.8, Travel and Subsistence Pay.
CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.
Contract No. CITY-1554 – Specifications A-8
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 January 15, 2026.
Julie Gutierrez-Robles, City Clerk