CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 8, 2026
CITY COUNCIL
REGULAR MEETING
AGENDA
OCTOBER 8, 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 Watch Live Meetings: https://publicinput.com/cityofindustry Or call in or scan
Phone #: (855) 925-2801 Meeting Code: 6943
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.
Agenda Items: (In Person Comments) : 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 or register online with the QR Code which both 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.
Electronic Comments: Visit https://publicinput.com/cityofindustry Click register, the system will prompt you to create a password then locate desired meeting click register for this meeting. Fill in details such as name, email, phone number, preferred attendance method and request to speak. Click submit.
You will receive an email confirmation with meeting details, including the date, time, link, and access instructions.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 8, 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 October 8, 2026 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate personnel to pay the bills.
6.2. Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to hold a fundraiser
RECOMMENDED ACTION: Approve the Agreement.
6.3. Consideration of Change Order Nos. 1-3, Closeout Change Order No. 4, and Notice of Completion, for Contract No. CITY-1534, Streetlight Improvements at Proctor Avenue from Valley Boulevard to Turnbull Canyon Road and Newquist Place, with Asplundh Construction
RECOMMENDED ACTION: Approve Change Order Nos. 1-4 and
authorize the Director of Public Works to execute the Notice of Completion.
6.4. Consideration of authorization to advertise public bids for Contract No.
CITY-1558, Railroad Street Improvements from Azusa Avenue to Fullerton Road, for an estimated cost of $13,460,000.00 (MP 22-17) RECOMMENDED ACTION: Approve the plans and specifications and authorize the solicitation of public bids.
6.5. Consideration of Amendment No. 4 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2028, revising the rate schedule, and increasing compensation by $50,000.00.
RECOMMENDED ACTION: Approve Amendment No. 4 to the
Agreement with WKE.
CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 8, 2026
6.6. Consideration of a Maintenance Services Agreement with Janus Pest Management, Inc., for Citywide pest control services, in an amount not-toexceed $245,000.00, through October 31, 2029 RECOMMENDED ACTION: Approve the Maintenance Services
Agreement.
6.7. Consideration of Ratification of a Grant Agreement under the Fiscal Year 2025 Safe Streets and Roads for All Grant Program with the United States Department of Transportation’s Federal Highway Administration.
RECOMMENDED ACTION: Ratify the Grant Agreement, as signed by the City Manager on September 17, 2026.
6.8. Consideration of Deductive Change Order No. 6, in the amount of $198,848.57, and Notice of Completion for Contract No. CITY-1528R, Annual Pavement Rehabilitation FY23, with Sequel Contractors Inc.
RECOMMENDED ACTION: Approve the Deductive Change Order
and authorize the Director of Public Works to execute the Notice of Completion.
7. ACTION ITEMS
7.1. Consideration of Resolution No. CC 2026-32 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPOINTING
A REPRESENTATIVE TO THE BOARD OF TRUSTEES FOR THE SAN
GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT FOR
THE NEXT TERM OF OFFICE
RECOMMENDED ACTION: 1) Determine who will serve on the
Board and the length of the term; and 2) Adopt Resolution No. CC 2026-32.
7.2. Consideration of Resolution No. CC 2026-27 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
A DONATION TO THE LA PUENTE VALLEY HISTORICAL SOCIETY FOR
THE RESTORATION OF THE ROWLAND HOME ADOBE COOKHOUSE
RECOMMENDED ACTION: 1) Determine the amount of the
donation; and 2) Adopt Resolution No. CC 2026-27.
7.3. Consideration of the cancellation of the November 26, 2026, and December 24, 2026, City Council Meetings and the closure of City Hall from December 24, 2026, through January 1, 2027; and discussion and direction regarding scheduling special City Council Meetings and/or cancelling additional regular City Council Meetings in November and December
RECOMMENDED ACTION: 1) Cancel the November 26, 2026, and
CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 8, 2026
December 24, 2026, regular City Council Meetings, 2) Authorize the closure of City Hall from December 24, 2026, through January 1, 2027, and 3) Provide direction to Staff regarding scheduling special City Council Meetings and/or cancelling additional regular City Council Meetings in November and December
8. PUBLIC HEARINGS-NONE
9. CLOSED SESSION
9.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8:
Property: 17545 Gale Ave,
Assessor Parcel Number: 8264-012-919
Agency Negotiators: Joshua Nelson, City Manager,
James Casso, City Attorney
Negotiating Parties: Best Buy Stores, L.P.
Under Negotiation: Price and terms of payment.
9.2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) 1 potential case
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, October 22, 2026, at 9:00 AM.
ITEM NO. 6.1
ITEM NO. 6.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: October 8, 2026
SUBJECT: Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to hold a fundraiser
Background:
Delhaven Community Center (“Delhaven”) is a locally based non-profit organization that works with our community’s special needs population, at-risk children, as well as young adults and their families. The organization has been in the community since 1972, and has helped thousands of families with the support services that they offer, including after-school day care, summer camps, free food services, and care for those with special needs.
Discussion:
Delhaven requested permission from the City to utilize the parking lot at the Workman and Temple Homestead Museum to host a fundraiser. The event is December 12, 2026, from 8:00 am to 4:00 pm, with set up beginning at 6:00 am and cleanup ending at 7:00 pm. The fundraiser will feature a car exhibition, showcasing cars from the Puente Viejo Car Club, and vendors offering food and a variety of merchandise. There will also be a holiday toy drive collection benefiting children in the community.
The fundraiser aims to support the children in the community. Those in attendance will donate an unwrapped toy to participate in contests, and as the entry fee to the event. Vendors selling merchandise will donate their rental space fee to Delhaven. Staff is requesting the City Council approve the Facilities Use Agreement with Delhaven for use of the parking lot at 15415 Don Julian Road.
Fiscal Impact:
Given that the event is a fundraiser for a non-profit organization, the City will not charge for the use of the parking lot.
Recommendation:
Staff recommends that the City Council approve the Facilities Use Agreement.
Exhibits:
1. Facilities Use Agreement with Delhaven Community Center
1 CITY OF INDUSTRY
FACILITIES USE AGREEMENT
THIS FACILITIES USE AGREEMENT (“Agreement”) is entered into on this 8th day of October 2026 (“Effective Date”), by and between the City of Industry, a California municipal corporation (the “City”) and Delhaven Community Center, a California non-profit organization, (the “User”). The City and User are collectively referred to as “Parties” and individually as “Party”.
RECITALS
WHEREAS, the City is the owner of certain real property located at 15415 Don Julian Road, City of Industry, California, (collectively the “Property”), as described in Exhibit A, and incorporated herein by reference. This Agreement pertains to the non-exclusive use of a portion of the Property; and
WHEREAS, User is a non-profit organization serving in the community, and that desires to use a portion of the Property for a fundraising event; and WHEREAS, the City desires to allow User to host a fundraiser at the Property; and WHEREAS, the Parties desire to enter into this Agreement to make a portion of the Property available to User, as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties hereto agree as follows:
GENERAL PROVISIONS
SECTION 1.
(A) Term.
The term of this Agreement shall commence at 6:00 am on December 12, 2026, and shall terminate on 7:00 pm on December 12, 2026, unless sooner terminated by either Party, as provided in this Agreement.
(B) Property.
User may use the designated portion of the Property for the following:
• A car show fundraiser to support its non-profit mission; • Vendors with booths to sell food and merchandise;
• The collection of toys to benefit community youth; and • Music played by a DJ
(C) Rent and Utilities.
2 Given that User is hosting a fundraising event to benefit a non-profit organization, City will donate the space at no cost to User.
(D) Intentionally Left Blank.
(E) Use Restrictions.
User shall only use the Property for the use as described in Section 1(B), above. (F) User Responsibilities.
(1) User shall be financially responsible for any damages that may occur at or to the Property related to User’s use.
(2) The User is responsible for the conduct of all participants, the supervision of minors and any damages that may occur at or to the Property related to User’s use. (3) The User shall require each individual participating in the car show, to execute a release and waiver. The form of the release and waiver shall be in substantially the form attached hereto as Exhibit C, and incorporated herein by reference.
(4) Install and remove signs designating parking spaces on the Property. (G) Non City-Owned Property.
The City reserves the right to remove any items remaining at the expiration of the term of this Agreement from the Property and have them stored at User’s expense. If such items, equipment or supplies are not claimed within one (1) week, the City reserves the right to dispose of such material in any manner it deems appropriate. User shall be responsible for any costs of storage and disposal incurred by the City for such equipment or supplies. The City is not responsible for any damage or theft of any items left by User, or any of User's officers, agents, employees, guests, or invitees. (H) Disclaimer of Condition of Property.
City makes no warranty or representation of any kind concerning the Property or the fitness of the Property for the use intended by User. User has inspected the Property and knows and accepts its condition, and waives any express or implied indemnity against the City. (I) Damage or Destruction of the Property.
In the event the Property is damaged by fire or other casualty, City may, at its sole and absolute discretion, elect to terminate this Agreement. If the City is unable or unwilling to repair any damage caused by fire or other casualty, User may terminate this Agreement. Should the Property be damaged by fire or other casualty, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.
(J) Assignment.
3 User shall not assign this Agreement without the prior written consent of the City. Any such assignment without prior written consent shall be void, and the City, at its option, may terminate this Agreement.
(K) Right of Entry.
City shall be entitled, at all times, to enter the Property for the purpose of inspecting the Property, or for the purpose of inspecting the performance by User of the terms and conditions of this Agreement, or for the purpose of posting and keeping posted thereon notices of nonresponsibility for any construction, alteration or repair thereof, as required or permitted by any law or ordinance. City shall also be permitted to use the Property when User is not operating.
SECTION 2. USE OF PREMISES
(A) General.
i. User shall use the Property as provided Section 1(B) above. ii. User shall not use the Property, or any portion thereof, for any purpose which may increase the existing rate of insurance upon the Property, or cause the cancellation of the insurance on the Property. User shall be responsible for any insurance increase or cancellation of insurance, as a result of its activities at the Property.
(B) Hours of Operation.
User shall maintain the following hours of operation: 6:00 am to 8:00 am for setup, 8:00 am – 4:00 pm for the event, and 4:00 pm to 7:00 pm for cleanup on December 12, 2026. (C) Supplies and Expenses.
i. User shall be responsible for the costs associated with liability insurance for its use of the Property.
ii. User shall pay for all equipment (collectively, “Equipment”) used for its activities on the Property.
(D) Maintenance, Repair and Alterations.
i. City shall be responsible for any structural, routine maintenance, and long term capital repair at the Property, except to the extent such repair is made necessary as a result of the misconduct or negligent acts or omissions of User, its participants, staff, volunteers, and/or invitees. In the event of any repair, whether requested by User or otherwise, the City may make the determination whether to do the work or terminate this Agreement. Notwithstanding the foregoing, the City shall not be responsible for any structural or routine maintenance to the Equipment operated by the User, which shall be the sole and absolute responsibility of the User.
4 ii. City shall be responsible for maintaining all landscaping at the Property. iii. User shall maintain the Property in good and safe condition, and shall be responsible for repairing any damage arising from the negligence or misconduct of User, its participants, staff, volunteers, and/or invitees. In the event User discovers a hazard or maintenance issue at the Property, it shall immediately notify the City in writing or via email. iv. User shall not commit, or suffer to be committed, any waste upon the Property, or any public or private nuisance.
v. User shall not make any improvements to the Property during the Term of this Agreement. vi. The User shall not cause or permit to be filed, recorded or enforced against the Property, or any part thereof, any mechanics’, material men’s, contractors’ or subcontractors’ liens arising from the uses permitted herein, or any claim or action affecting the title to the Property arising from the uses permitted herein, and the User shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of the City’s other rights and remedies under this Agreement or under law, should the User fail within fifteen (15) business days of a written notice from the City to pay and discharge or bond over any lien arising out of the User’s use of the Property, then a material breach under this Agreement shall be deemed to have occurred which, at the City’s election, shall entitle the City to terminate this Agreement effective upon notice by the City to the User so stating.
If the User desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Property or any portion thereof for which the City could become liable if not successfully resolved, as a condition to such contest, the User shall notify the City of the User’s intent to contest the lien or claim and the grounds for such contest.
Notwithstanding anything to the contrary set forth herein, the User shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the City or the Property.
SECTION 4. RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(A) User shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, contractors, attorneys, consultants, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with User's use of the Property, or its negligent failure to comply with any of its obligations contained in this Agreement (collectively “Claims”). Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve User from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any Claims whether or not such insurance policies shall have been determined to apply. (B) User releases the City, its officers, officials, attorneys, agents, and employees of any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorney’s fees, arising out of or in connection with User's use of the Property under this Agreement.
5 User acknowledges and expressly waives the benefit of California Civil Code Section 1542, which is set forth below, and specifically agrees that the release contained in this Agreement shall extend to all claims arising out of transactions which the Parties do not know or expect to exist in their favor at this time, and which rise out of or are connected to the Agreement. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.
___________ ____________
City’s Initials User’s Initials
User acknowledges that the facts and law in relation to this matter and the claims released by the terms of this Agreement may turn out to be different from or in addition to the facts or law as now known to each Party or its counsel. User therefore expressly agrees that the release so given shall be and remain in effect as a full and complete release of the persons and entities released thereby notwithstanding any possibility of new or different facts or law. (C) By execution of this Agreement, User acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. (D) If, for any reason such as, but not limited to, earthquake, flood water damage, explosion or other calamity of circumstance, it shall become necessary to close the Property, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.
SECTION 5. INSURANCE
(A) During the term of this Agreement, User shall, at its sole costs and expense, carry, maintain, and keep in full force and effect insurance of the types and in the amounts as set forth in the attached Exhibit B, incorporated herein by this reference.
(B) City and its elected and appointed officers, employees, attorneys, agents, and volunteers shall be named as additional insureds with respect to each of the insurance policies required under this Agreement.
(C) At all times during the term of this Agreement, User shall maintain on file with the City’s City Clerk a certificate or certificates of insurance showing that the insurance policies required by this Section 5 are in effect in the required amounts and naming the City and its elected and appointed officers, employees, attorneys, agents, and volunteers as additional insureds. User shall, concurrently with the execution of this Agreement, file with City’s City Clerk such certificate(s).
6 (D) User shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
SECTION 6. INDEPENDENT CONTRACTOR
(A) User is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of User shall at all times be under User’ exclusive direction and control. Neither City nor any of its officers, employees, attorneys, or agents shall have control over the conduct of User or any of User officers, employees, or agents, except as set forth in this Agreement. User shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. User 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 User in connection with the performance of this Agreement. City shall not pay salaries, wages, or other compensation for operating User. City shall not be liable for compensation or indemnification to User for injury or sickness arising out of its operation or use of the Property under this Agreement.
(C) User shall indemnify, defend and hold harmless, the City, its officers, employees, attorneys, and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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, User or by any individual or agency for which User is legally liable, including but not limited to officers, agents, employees or subconsultants of User, service as an independent contractor. The indemnity provisions set forth in this Section 6 shall survive the termination of this Agreement and are in addition to any other rights or remedies the City may have under the law.
SECTION 7. NOTICES
Any notices which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service, (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:
If to City:
Joshua Nelson
City Manager
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
7 With a copy to:
James M. Casso
City Attorney
Casso & Sparks
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
If to USER:
Delhaven Community Center
Tim Seal
15135 Fairgrove Avenue
La Puente, CA 91744
SECTION 8. COMPLIANCE WITH LAWS
User represents and warrants to City that User, its officers, agents, employees and volunteers have all licenses, permits, qualifications, and approvals of whatever nature which are legally required for User, its officers, agents, employees and volunteers to provide the services, programs and activities contemplated by this Agreement, and that it shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and city, relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or hereinafter enacted.
SECTION 9. DEFAULT/TERMINATION
(A) In the event of any breach of this Agreement, City, in addition to any other rights and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Property.
(B) In the event of any breach of this Agreement, either Party may terminate the Agreement immediately, by serving written notice upon the other. Upon receipt of said notice, User shall immediately vacate the Property and remove all of its possessions. (C) User may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the City with five days’ written notice. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the User with notice 24 hours prior to termination. Upon receipt of said notice, User shall have 24 hours to vacate the Property and remove all of its possessions, unless the notice provides otherwise. If either Party suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS
(A) User acknowledges that this Agreement may create a possessory interest subject to property taxation, and that User may be subject to payment of property taxes levied on such interest. Any such tax liability shall be the sole and exclusive responsibility of User.
8 (B) User agrees that its use of the Property and this Agreement, shall not entitle User to any relocation benefits pursuant to federal, state, or local law, and User hereby waives any such claim against the City for relocation benefits.
(C) The rights granted to User under this Agreement are non-exclusive use only, and in no respect shall the same constitute or be construed as an assignment of a leasehold or other interest in the Property set forth in this Agreement.
(D) Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, 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. (E) 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 User use of the Property under this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled. The venue for any litigation shall be Los Angeles County, California or in the United States District Court for the Central District of California. (F) If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (G) This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. (H) All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
(I) This instrument contains the entire Agreement between the City and User with respect to the transactions contemplated herein. No other prior oral or written agreement(s) are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and User.
(J) This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “CITY” “USER”
City of Industry Delhaven Community Center
By_______________________ By:_______________________________ Joshua Nelson, City Manager Tim Seal, President
Attest:
By:______________________________
Julie Gutierrez-Robles, City Clerk
Approved as to form:
By:
James M. Casso, City Attorney
10 Exhibit A
Description of Property
User may use the designated portion of the Property identified in the map below by yellow lines.
11 Exhibit B
INSURANCE REQUIREMENTS
Without limiting User indemnification of City, and prior to commencement of the Services, User shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.
General liability insurance. User shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. User shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of User arising out of or in connection with this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Workers’ compensation insurance. User shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.00).
User shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.
Proof of insurance. User shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation.
Insurance certificates and endorsement must be approved by the City prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. User shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with this Agreement by User, its agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by User shall be primary and any insurance or selfinsurance 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
12 the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by User. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow User or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. User hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). User acknowledges and agrees that any actual or alleged failure on the part of the City to inform User of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If User maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. User agrees to oblige its insurance agent or broker and insurers to provide to City with a five (5) day notice of cancellation or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide 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 User insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. User agrees to ensure that its subconsultants, subcontractors, and any other party involved with the permitted use who is brought onto or involved in the permitted use by User, provide the same minimum insurance coverage and endorsements required of User. User agrees to
13 monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. User agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving User five (5) days advance written notice of such change.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City.
The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. User shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from User performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. User shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of this Agreement.
14 Exhibit C
WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, ______________________ (FULL NAME), fully understand that my participation in the Delhaven car show fundraising event exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in the Delhaven fundraising event and agree to assume any such risks.
I hereby release, discharge and agree not to sue the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the Delhaven car show from whatever cause, including the active or passive negligence of the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers or any other participants in the Delhaven car show. The parties to this agreement understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.
In consideration for being permitted to participate in the Delhaven car show, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers from any and all claims, demands actions or suits arising out of or in connection with my participation in the Delhaven fundraising event.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. _____________
Date
_________________________________________
Signature
_________________________________________
Printed Name
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Ricardo Sanchez Director of Construction Management CNC Engineering DATE: October 8, 2026
SUBJECT: Consideration of Change Order Nos. 1-3, Closeout Change Order No. 4, and Notice of Completion, for Contract No. CITY-1534, Streetlight Improvements at Proctor Avenue from Valley Boulevard to Turnbull Canyon Road and Newquist Place, with Asplundh Construction Background:
On July 15, 2025, the City Council awarded Contract No. CITY-1534 for the Streetlight Improvements at Proctor Avenue from Valley Boulevard to Turnbull Canyon Road and Newquist Place, to Asplundh Construction, Inc. in the amount of $798,659.39. This project consisted of furnishing and installing thirty-four (34) streetlight poles with mast arms, luminaires metering pedestals, PVC conduits, 600-volt cables, wireless controller (nodes) and connections to make a complete streetlight system functional along Proctor Avenue between Valley Boulevard and Turnbull Canyon Road including adjacent Newquist Place cul-de-sac.
Discussion:
During construction, the following additional work was necessary due to revisions to the contract plans received after the project was awarded.
As of July 7, 2026, the Director of Public Works has reviewed the change order for completeness and accuracy as to the materials and labor included:
• Change Order No. 1 – During construction, proposed streetlight #7 resided on a steep parkway area and a retaining wall had to be constructed to install the streetlight pole foundation and the meter box. The total cost of the change order is $11,276.03. • Change Order No. 2 – Bollards were added to streetlight poles installed at Newquist Place due to the limited 4’ parkway dimension and large commercial vehicles maneuvering in the cul-de-sac. This measure was taken to protect the streetlight poles.
The total cost for the work performed is $7,769.11.
• Change Order No. 3 – After streetlights were installed, 2 existing luminaire streetlight arms (streetlight #14 and #15 at intersection of Proctor Avenue and Parriott Place) had to be changed from 6’ to 12’ to be consistent with the rest of the newly installed streetlights.
Work also included pulling in new cable, adding new single fuse holder and resplicing.
The cost for this change order is $2,165.59.
As of August 4, 2026, the Director of Public Works has reviewed the change order for completeness and accuracy as to the materials and labor included:
Final field quantities have been measured and verified. • Change Order No. 4 – Final quantities have been completed and the underruns and overruns are as follows:
Underruns– (represented in parentheses)
• Bid Item No. 14, Furnish and install 3” PVC SCH 80 electrical conduit $50.32/LF x 317 LF = ($15,951.44)
• Total Amount of Underruns = ($15,951.44)
Overruns–
• Bid Item No. 12, Furnish and install NO. 5 Pull box Jensen CAT. NO. CYN20 for the box and Jensen CAT. NO. CYN16-61J for cover with "COI ST LIGHT", $817.92/EA x 5 EA = $4,089.60
• Bid No. 13, Furnish and install NO. 6 Pull box Jensen CAT. NO.HT1730-B for box and Jensen CAT.NO: HT1730-L11-01 cover for SCE, $1,599.63/EA x 2 EA = $3,199.26 • Bid Item 15, Furnish and install 3"PVC SCH 40 electrical conduit, $70.80/LF x 412 LF = $29,169.60
• Bid Item No. 16, Furnish and install 1" PVC SCH 40 electrical conduit, $80.95/LF x 75 LF = $6,071.25
• Bid Item No. 20, Furnish and Install #6 Aluminum XHHW Wire, $2.02/LF x 763 LF = $1,541.26
• Bid Item No. 21, Furnish and Install 4-Way Secondary Bars (3 Connectors per HH) Utilco PED4-350SSP, $103.86/EA x 11 EA = $1,142.46
• Total amount of Overruns =$45,213.43 Total amount of Closeout Change Order No. 4 is $45,213.43 – ($15,951.44) = $29,261.99.
As August 21, 2026, Staff have determined that the improvements for the complete streetlight system are functional along Proctor Avenue between Valley Boulevard and Turnbull Canyon Road and Newquist Place.
Fiscal Impact:
Table 1 - Summary of Extra Costs
Contract Amount $798,659.39
Change Order No. 1 $11,276.03
Change Order No. 2 $7,769.11
Change Order No. 3 $2,165.59
Change Order No. 4 $29,261.99
Revised Project Cost $849,132.11
The revised contract, including Change Order Nos. 1 – 4, totals $849,132.11. The work was completed prior to July 1, 2026, and therefore, in the adopted Fiscal Year 2026-2027 Capital Improvement Project budget, $50,000 was approved for this project (Account No. 120-702- 5205) (JN 6201 #16B). Additionally, the City Manager was authorized to approve change orders up to 10 percent of the contract costs. Change Orders total $50,472.72 , which represents 6.3 percent of the contract.
Recommendation:
1. Approve and execute Change Order Nos. 1-4 in the amount of $50,472.72 and authorize the Mayor to execute the approved Change Orders; and
2. Accept the work performed by Asplundh Construction, in the amount of $849,132.11 and
3. Authorize the Mayor or her designee to execute the Notice of Completion attached hereto as Exhibit E; and
4. Authorize the City Clerk to file the Notice of Completion for this project.
Exhibits:
1. CITY-1534 - Change Order No. 1, dated October 8, 2026
2. CITY-1534 - Change Order No. 2, dated October 8, 2026
3. CITY-1534 - Change Order No. 3, dated October 8, 2026
4. CITY-1534 - Change Order No. 4, dated October 8, 2026
5. CITY-1534 - Notice of Const. Completion, dated October 8, 2026
CITY OF INDUSTRY
15651 Mayor Dave Way
City of Industry, CA 91744
CHANGE ORDER
(626)333-2211 Change Order No. _______ _
Streetlight Improvements at Proctor
Avenue from Valley Boulevard to
Turnbull Canyon Road and Newquist
Project Place ----------------
Type
Project Street Light Improvements
Contract No. ----- CITY-1534---
Contractor Asplundh Construction
Date 10/8/2026
Location Proctor Ave. from Valley Blvd. to Turnbull Cyn Rd. and Newquist Pl.
Explanation:
Retaining wall installation for pole foundation and meter box at streetlight #7.
Extra Work by: -------- X
Contract Items Negotiated T&M
The contractor is hereby directed to perform all labor and to provide all materials necessary to carry out the work described below:
ITEM UNIT TOTALS($)
NO. ITEM QUANTITY PRICE + -
1 Retaining Wall 1 $ 11,276.03 $ 11,276.03
TOTAL COST $ 11,276.03
T & M SUMMARY
*Labor Cost Total Labor per Day
*Equipment Cost (See attached breakdown) Total Equipment per Day *Material Cost Sub-Total $ -
(*Attach breakdown of labor, equipment and materials)
% of Contract
CHANGE ORDER SUMMARY Amount Other Additive (Profit & Bond Fee) Original Contract Amount $ 7,989,659.39 Total T & M $
-
Total Previous Change Orders $
- 0.00%
Pay This
Total Change Orders $ 11,276.03 0.14% CHANGE ORDER $11,276.03 0.14% Authorized by ___________ _ Additional Contract Days ____ o ___ _ I hereby certify that the quantities shown and/or amounts shown for equipment, material and labor costs (if any) are correct to the best of my knowledge and the total cost shown above shall be considered final payment for the work specified by this change order.
The total cost includes compensation for any delay in the preparation of this change order and the time to complete the specified work.
J>artt'et S1111'th 0912812026
OUlhOi Siilliii (Sep ze, 2020 12.45.23 PD I J
Contractor Representative
Mathew Hudson, Director of Public Works
CITY-1534 - Change Order No. 1
Date
Date
,!_Qshua Nelson, City Manager
\_'\'---> • I <::._ I "'·"·"". �""-ra Ricardo Sanchez, Dlrec�r) of Construction Management
Date
09/28/2026
Date
EXHIBIT 1
Asplundh Construction
Contract: CITY -1534 / FCO-1 S/L#7 Retaining Wall Date: 3/12/2026 Location: Streetlight Improvement at Proctor Ave. Job: 211L258 From Valley Blvd. to Turnbull Canyon
Over Time Str. Rate
Classification Rate w/ benefits W/C & PL/PD Total Per hr/day O.T.Rate Burden Total Cost Foreman Attached Union wage & benefit $ 85.83 4.89 $ 90.72 16 $ - $ 1,451.52 Foreman Attached Union wage & benefit $ 85.83 4.89 $ 90.72 16 $ - $ 1,451.52 Operator Attached Union wage & benefit $ 85.83 4.89 $ 90.72 16 $ - $ 1,451.52 $ - $ -
$ - $ -
Labor Cost = $ 4,354.56
Mark-up (20%) $ 870.91 12%
15%
Total = $ 5,225.47
Equipment Amounts Qty Per hr/day Hrs/day Cost
Crew Trk. 550 12-20 $ 52.44 1 hour 16 $ 839.04
Crew Trk. 550 12-20 $ 52.44 1 hour 16 $ 839.04
Dump Truck 2AXL $ 71.20 1 hour 16 $ 1,139.20
Arrowboard TM $ 4.43 1 hour 16 $ 70.88
Mini Ex 50 1730 $ 41.86 1 hour 16 $ 669.76
Air Compressor 016-025 $ 26.18 1 hour 16 $ 418.88
Concrete Mixer 03.5-6 $ 4.26 1 hour 8 $ 34.08
Equipment Cost = $ 4,010.88
Mark-up (15%) $ 601.63 15%
Total= $ 4,646.59
Materials Qty Amounts T Cost
8"x8"x16" Open End 1 $ 416.50 $ 416.50
8"x8"x16" Split End 1 $ 82.53 $ 82.53
#4 ReBar(3ea.) 1 $ 31.95 $ 31.95
Spec-Mix(3ea.) 1 $ 48.56 $ 48.56
Concrete Mix(90lb) 1 $ 110.70 $ 110.70
Concrete Buggy(1yd) 1 $ 433.52 $ 433.52
$ -
Materials Total = $ 1,123.76
Materials Mark-up (15%) $ 168.56 15%
Total= $ 1,292.32
Subcontractors Amounts Qty Per day day Cost
$ -
$ -
$ -
$ -
$ -
Subcontractor Cost = $ -
Subcontractor Mark-up (5%) $ - 15%
Total= $ -
Total Labor, Equipment, Materials & Subcontractors (including mark-ups) $ 11,164.39 Description of Work:
Dig Footing around S/L Foundation & H/H. Install Rebar, pour footing, & Wet set 1st row.
Return next day, start building up wall by stepping back towards back of slope. Concrete 1% $ 111.64 1% fill inside of blocks & cap top. Backfill open void around retaining wall. Clean-up area.
GRAND TOTAL $ 11,276.03
EXHIBIT 2
EXHIBIT 3
Asplundh Construction
Contract: CITY -1534 / FCO-3 S/L#14,15 Arm Change-out Date: 5/15/2026 Location: Streetlight Improvement at Proctor Ave. Job: 211L258 From Valley Blvd. to Turnbull Canyon
Over Time Str. Rate
Classification Rate w/ benefits W/C & PL/PD Total Per hr/day O.T.Rate Burden Total Cost Journeyman Attached Union wage & benefit $ 88.37 4.7 $ 93.07 4 $ - $ 372.28 Operator Attached Union wage & benefit $ 85.83 4.89 $ 90.72 4 $ - $ 362.88 $ - $ -
$ - $ -
$ - $ -
Labor Cost = $ 735.16
Mark-up (20%) $ 147.03 12%
15%
Total = $ 882.19
Equipment Amounts Qty Per hr/day Hrs/day Cost
Crew Trk. 550 12-20 $ 52.44 1 hour 4 $ 209.76
Hydraulic Lift 25-49 $ 49.64 1 hour 4 $ 198.56
Line Truck 2axl 2AXL $ 71.20 1 hour 4 $ 284.80
Hydraulic Lift 25-49 $ 49.64 1 hour 4 $ 198.56
Arrowboard TM $ 4.43 1 hour 4 $ 17.72
$ -
$ -
Equipment Cost = $ 909.40
Mark-up (15%) $ 136.41 15%
Total= $ 1,045.81
Materials Qty Amounts T Cost
#8 Alum.(50' x 4ea.) 1 $ 76.13 $ 76.13
Single Fuseholder(2ea.) 1 $ 61.00 $ 61.00
10amp Fuse(2ea.) 1 $ 10.01 $ 10.01
Boot Insulator(4ea.) 1 $ 30.44 $ 30.44
BLUE Sleeve Con.(2ea) 1 $ 10.37 $ 10.37
$ -
$ -
Materials Total = $ 187.95
Materials Mark-up (15%) $ 28.19 15%
Total= $ 216.14
Subcontractors Amounts Qty Per day day Cost
$ -
$ -
$ -
$ -
$ -
Subcontractor Cost = $ -
Subcontractor Mark-up (5%) $ - 15%
Total= $ -
Total Labor, Equipment, Materials & Subcontractors (including mark-ups) $ 2,144.14 Description of Work:
Dig Footing around S/L Foundation & H/H. Install Rebar, pour footing, & Wet set 1st row.
Return next day, start building up wall by stepping back towards back of slope. Concrete 1% $ 21.44 1% fill inside of blocks & cap top. Backfill open void around retaining wall. Clean-up area.
GRAND TOTAL $ 2,165.59
EXHIBIT 4
EXHIBIT 5
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
Upendra Joshi, Senior Project Manager
Dev Birla, Contract Electric Utility Director
DATE: October 8, 2026
SUBJECT: Consideration of authorization to advertise public bids for Contract No.
CITY-1558, Railroad Street Improvements from Azusa Avenue to Fullerton Road, for an estimated cost of $13,460,000.00 (MP 22-17) Background:
Staff have prepared plans and specifications for the Railroad Street Improvements from Azusa Avenue to Fullerton Road project. This project will be implemented as CITY-1558, subject to approval by the City Council. The pavement condition of Railroad Street from Azusa Avenue to Fullerton Road has deteriorated through the years due to heavy use as a detour route used during the ongoing Fullerton Grade Separation project, and currently is exhibiting cracks and an uneven pavement surface. The last maintenance work for this street occurred in 2009.
Discussion:
Approximately 7,900 linear feet of roadway will be fully reconstructed on Railroad Street from 300 feet east of Azusa Avenue to 500 feet west of Fullerton Road. The project will reconstruct the full asphalt cement pavement section to provide for better traffic movement and safety and extend the life of the pavement for approximately 20 years. The work consists primarily of the removal of existing asphalt concrete pavement, and aggregate base, and replacing with new asphalt concrete pavement and crushed aggregate base. The work also includes curb and gutter repair, sidewalk installation, reconstruction of 43 driveways along the street, and final signing and striping.
This project also involves new substantial electrical work which includes the installation of a streetlight system, installation of new power and streetlight conduits, vaults, pull boxes, streetlight poles foundations, switch and transformer pads, metering service pads, pad mounted switch and pad mounted transformers, feeder power cables up to pad mounted switch at Hatcher Yard, and primary power cable from Hatcher Yard to transformer for streetlight power
source, low voltage secondary cables to each streetlight from the metering service pedestal including the metering pedestal, streetlight poles and luminaires.
Fiscal Impact:
The estimated cost for this project is $13,460,000.00
Recommendation:
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
ATTACHMENT A
FOR PUBLICATION
NOTICE INVITING BIDS FOR:
CITY OF INDUSTRY
PROJECT NO. 558
Railroad Street Improvements from Azusa Avenue to Fullerton Road CONTRACT NO. CITY-1558
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until on 10:00:00 AM, on Thursday, November 19, 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 Contractor and C-10 Electrical OR the Contractor licensed as Class A – General Engineering Contractor with a subcontractor licensed as a Class C-10 – Electrical OR the Contractor licensed as Class C-10 – Electrical with a subcontractor licensed as a Class A – General Engineering Contractor 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: Reconstruction of the existing AC pavement. As part of the project, new PCC sidewalk on the north side will be constructed, including reconstruction of driveways, curb ramps, curb and gutter. Also, installation of new streetlight system including conduits, pull boxes, foundations, poles, wires, service pedestal, luminaries and fuses. In addition, power and communication conduits, vaults, switch pads, transformer and transformer pad, primary pull boxes, power cables, switches, and cable devices will be constructed.
Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Thursday, November 9, 2026 at 5:00 P.M.
CITY OF INDUSTRY
PROJECT NO. 558
Railroad Street Improvements from Azusa Avenue to Fullerton Road CONTRACT NO. CITY-1558
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 October 8, 2026 Julie Gutierrez-Robles, City Clerk
ESTIMATE FOR:
CITY OF INDUSTRY
PROJECT NO. 558
Railroad Street Improvements from Azusa Avenue to Fullerton Road CONTRACT NO. CITY-1558
ENGINEER'S ESTIMATE
$13,460,000.00
ATTACHMENT C
Contract No. CITY-1558 – Specifications A-1
SECTION A
CITY OF INDUSTRY
PROJECT NO. 558
Railroad Street Improvements from Azusa Avenue to Fullerton Road CONTRACT NO. CITY-1558
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until on 10:00:00 AM, on Thursday, November 19, 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 Contractor and C-10 Electrical OR the Contractor licensed as Class A – General Engineering Contractor with a subcontractor licensed as a Class C-10 – Electrical OR the Contractor licensed as Class C-10 – Electrical with a subcontractor licensed as a Class A – General Engineering Contractor as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.
The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.
Contract No. CITY-1558 – Specifications A-2
The Scope of Work is as follows: Reconstruction of the existing AC pavement. As part of the project, new PCC sidewalk on the north side will be constructed, including reconstruction of driveways, curb ramps, curb and gutter. Also, installation of new streetlight system including conduits, pull boxes, foundations, poles, wires, service pedestal, luminaries and fuses. In addition, power and communication conduits, vaults, switch pads, transformer and transformer pad, primary pull boxes, power cables, switches, and cable devices will be constructed.
Preferred Qualifications of the Contractor: The Contractor shall have at least five (5) years of experience performing similar work for public agencies in Southern California for Public Works projects or have performed similar work for the City of Industry in the past. Provide a list of three (3) projects completed within the past five (5) years with the name of the Company, contact person and bid price (see page C-16). Contractor shall complete and submit Contractor’s Statement of Experience after the submittal of bid Online Questions and Answers will be due via the City of Industry’s PlanetBidsTM vendor portal on Thursday, November 9, 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-1558 - Railroad Street Improvements from Azusa Avenue to Fullerton Road, 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
Contract No. CITY-1558 – Specifications A-3
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:
Contract No. CITY-1558 – Specifications A-4
• 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
Contract No. CITY-1558 – Specifications A-5
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.
Contract No. CITY-1558 – Specifications A-6
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.
Contract No. CITY-1558 – Specifications A-7
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
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
Contract No. CITY-1558 – Specifications A-8
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 October 8, 2026 Julie Gutierrez-Robles, City Clerk
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
James Cramsie, Sr. Director of Engineering
DATE: October 8, 2026
SUBJECT: Consideration of Amendment No. 4 to the Professional Services Agreement with WKE, Inc., for structural engineering services on the Grand Avenue Bridge over San Jose Creek project, extending the term through June 30, 2028, revising the rate schedule, and increasing compensation by $50,000.00.
Background:
On August 23, 2018, the City Council approved a Professional Service Agreement (“Agreement”) with WKE, Inc. (“WKE”) in the amount of $175,000.00 for the Grand Avenue Bridge over San Jose Creek. The scope of work entails widening of the Grand Avenue bridge over the San Jose Creek by approximately 18 feet. The existing bridge will be evaluated for seismic performance and be retrofitted, as required. The widening of the bridge and the approach roadway is required for operational improvements on Grand Avenue and to meet future traffic demands.
On August 26, 2021, the City Council approved Amendment No. 1 to the Agreement extending the term through August 26, 2022, as the design was ongoing. Additionally, the rate schedule was updated to reflect WKE’s then current rates, language was added requiring indemnity specific to independent contractors, and the addresses for the City, City Attorney’s office, and WKE were also updated.
On October 27, 2022, the City Council approved Amendment No. 2 to the Agreement extending the term through June 30, 2024, along with an increase in compensation by $10,000.00, as the design remained ongoing. It was also necessary to revise the rate schedule to reflect WKE’s updated rates.
On July 11, 2024, the City Council approved Amendment No. 3 to the Agreement extending the term through June 30, 2027, revising the scope of services to include coordination of plan reviews by the U.S. Army Corps of Engineers, revising the rate schedule, increasing
compensation by $50,000.00 for the extra work, and updating the address for WKE.
Discussion:
The Agreement expires on June 30, 2027, and it is necessary to extend the Agreement through June 30, 2028, to allow WKE to complete the design of the bridge project and obtain a permit from the U.S. Army Corps. Additionally, it is necessary to update the rate schedule to reflect WKE’s current rates, and increase compensation by $50,000.00 for the term extension.
Fiscal Impact:
Table 1 - Summary of Costs
Contract Amount $175,000.00
Amendment No. 1 No additional cost
Amendment No. 2 $10,000.00
Amendment No. 3 $50,000.00
Amendment No. 4 $50,000.00
Revised Project Cost $258,000.00
The fiscal impact associated with Amendment No. 4 is $50,000.00. In the adopted FY 2026- 2027 Capital Improvement Project budget, $50,000.00 is approved for this work and is sufficient for the work to be done in this fiscal year (Account No. 120-705-5130) (MP 99-31 #54 Recommendation:
Approve the Amendment
Exhibits:
1. Amendment No. 4 to the Professional Services Agreement with WKE, dated October 8, 2026
AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT WITH WKE, INC.
This Amendment No. 4 to the Professional Services Agreement (“Agreement”) is made and entered into this 8th day of October 2026, (“Effective Date”) by and between the City of Industry, a California municipal corporation (“City”) and WKE, Inc., a California Corporation and wholly owned subsidiary of HDR Engineering, Inc., (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about August 23, 2018, the Agreement was entered into and executed between the City and Consultant to provide general engineering design services for the Grand Avenue Bridge Widening over San Jose Creek Project; and WHEREAS, on or about August 26, 2021, Amendment No. 1 was approved to extend the Agreement through August 26, 2022, to allow Consultant to continue providing engineering design services, and to amend the rate schedule in its entirety to reflect Consultant’s then current rates. Additionally, it was necessary to comply with best practices and revise the indemnity provisions specific to independent contractors, as well as update the addresses for the City Attorney, the City, and the Consultant; and
WHEREAS, on or about October 27, 2022, to allow Consultant to continue providing the services, Amendment No. 2 was approved, extending the Agreement through June 30, 2024, with a companion increase in compensation of $10,000.00, and amending the rate schedule in its entirety to reflect Consultant’s then current rates; and WHEREAS, on or about June 30, 2024, to allow Consultant to continue providing the services, Amendment No. 3 was approved, extending the Agreement through June 30, 2027, to allow Consultant to complete the engineering design services for the project. Additional work was added to include coordination of plan reviews by the U.S. Army Corps of Engineers. The rate schedule was amended in its entirety to reflect Consultant’s then current rates, along with a companion increase in compensation of $50,000.00. It was also necessary to update the address for Consultant; and
WHEREAS, the Agreement expires on June 30, 2027, and an extension is needed through June 30, 2028, to allow Consultant to complete the engineering design services for the project, and to allow for U.S. Army Corps plan review and permit approval. Additionally, it is necessary to update the rate schedule to reflect Consultant’s current rates, along with an increase in compensation of $50,000.00; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 4, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
1. TERM
Section 1, Term, is hereby revised to read in its entirety as follows:
This Agreement shall commence on Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement.
4. PAYMENT
The second sentence of Section 4 (a) is amended as follows:
This amount shall not exceed Two Hundred Fifty Eight Thousand Dollars ($258,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 1, attached hereto, and incorporated herein by reference.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry WKE, Inc., a wholly owned subsidiary of HDR Engineering, Inc.
By: ________________________________ By: __________________________________ Joshua Nelson, City Manager Daniel Weddell, Vice President Attest:
By: ________________________________
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney
ATTACHMENT 1
EXHIBIT B
Rate Schedule
Classification Billing Rate (2026-2027)
Project Manager $390.00
Senior Engineer $257.00
Project Engineer $196.00
Assistant Engineer $153.00
CADD $171.00
EXHIBIT A TO AMENDMENT NO. 4
PROFESSIONAL SERVICES AGREEMENT WITH WKE INC. DATED AUGUST 23, 2018
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
James Cramsie, Sr. Director of Engineering
Justin Aguilar, Field Operations Project Manager
DATE: October 8, 2026
SUBJECT: Consideration of a Maintenance Services Agreement with Janus Pest Management, Inc., for Citywide pest control services, in an amount not-toexceed $245,000.00, through October 31, 2029 Background:
Pest control services, including general pests/insects, rodents and ground squirrels, are an essential and on-going activity for maintaining the health, safety and infrastructure throughout the City. Currently, the City enlists several contractors and resources to fulfill the pest control efforts throughout the City.
Discussion:
Janus Pest Management, Inc. (“Janus”) has provided extensive pest control services at most City-owned properties. Staff recommends approving a Maintenance Services Agreement with Janus to provide pest control services at the following locations in the City: Homestead Museum, City Hall, Industry Business Council/Council Chambers, Youth Activities League offices/Post Office, Tonner Canyon/Boy Scout Reserve, Metrolink Station, Helipad Parking Lot, Helipad, El Encanto Convalescent Hospital, and the Sheriff Station Community Service Center.
Staff consulted with City’s consultant, Sage Environmental, and all pest control methods and services have been environmentally reviewed and approved. Additionally, services that are not routine, such as bees, new infestations and/or termite testing and treatments that may arise at any City-owned location are also covered under the Agreement on an as needed basis.
Fiscal Impact:
This fiscal impact is $245,000.00 over three years. In the adopted Fiscal Year 26-27 General Fund Budget, sufficient budgets have been approved for the various locations services are provided under Property and/or Building Maintenance funds.
Recommendation:
Approve the Agreement
Exhibits:
1. Maintenance Services Agreement with Janus Pest Management dated October 8, 2026
CITY OF INDUSTRY
MAINTENANCE SERVICES AGREEMENT
This Maintenance Services Agreement (“Agreement”), is made and effective as of October 8, 2026 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Janus Pest Management, 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 October 31, 2029, 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 pest control 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 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 Hundred Forty Five Thousand dollars ($245,000.00) 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. 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.
6. 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.
7. 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.
8. 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.
9. 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 9(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.
10. LEGAL RESPONSIBILITIES
The 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.
11. 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.
12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by 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.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which
provides a receipt showing date and time of delivery, or (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: Janus Pest Management, Inc.
P.O. Box 4649
San Dimas, CA 91773
Attention: Kristina Spicer, Operations Manager
15. 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.
16. 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.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
21. WAIVER
The waiver by City or 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.
22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
23. 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 Janus Pest Management, Inc.
By:________________________________ By__________________________ Joshua Nelson, City Manager Kristina Spicer, Operations Manager
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
ATTACHMENT 1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide pest management services, which includes, but is not limited to, monthly visits for prevention of rodent and pest infestations, the control of bugs, termites, bees, rodents, ground squirrels and any other pest control services Citywide, as directed by the City.
Services will be provided at the following locations, at the frequency noted:
Location Service/Frequency
Homestead Museum Two Times – Monthly Service. ExteriorGeneral Pest (Occasional Interior) City Hall Monthly Service. Exterior-General Pest
Industry Business Council/Council Chambers Monthly Service. Exterior-General Pest Youth Athletic League offices/Post Office Monthly Service. Exterior-General Pest Tonner Canyon/Boy Scout Reserve • Quarterly Service. Guard Shack. ExteriorGeneral Pest • Monthly Service. Camp Masters Building.
General Pest
• Monthly Service. Camp Courage. General
Pest
• Monthly Service. Restroom Shower
Building. General Pest
• Quarterly Service. Guard Shack. General
Pest
• Two Times – Weekly Rodent. Camp
Courage Master Bunkhouse, restrooms,
showers: May-August. Rodent Control
• Monthly Rodent. Camp Courage. Monthly
Sept-April: Tents only repellent. Rodent
Control
• Weekly Service. Camp Courage. June-Aug
Weekly disinfection for 4 Camp Courage
Tents, Treat bare mattress pads on twin
bunks. Rodent Disinfection
• Annual Rodent Device Install. Camp
Courage Tents Add devices to 4 tents. 1x
per year. Rodent
• Annual Rodent Devices Install. Camp
Courage, Camp Master Bunkhouse,
restrooms, showers – 1x per year. Rodent
Control
• 2x – Weekly Rodent. Comp Courage Tests
May-August – 4 Tents. Rodent Control
• Monthly Service. Camp Courage Tents.
May-August. Monthly treatment of tents
for General Pest
• Rodent Cleanup – Annual. Camp Master,
Camp Courage, tents, restrooms, and
showers May – 1x per year
Metrolink Station Monthly Service. Exterior-General Pest Helipad Ground Squirrel Trapping. 2x Monthly
Helipad Parking Lot Ground Squirrel Trapping. 2x Monthly Sheriff Station Community Service Center (205
Hudson Ave)
Monthly Service. Exterior-General Pest
Public Right of Way As needed services
El Encanto Convalescent Hospital 3 in 2 Care Traps – 1x per month El Encanto Convalescent Hospital 4 in 2 Care Traps – 2x per month price per service April thru December approx. 9 months
El Encanto Convalescent Hospital Mosquito Treatment – 2x per month April thru December approx. 9 months
ATTACHMENT 2
EXHIBIT B
RATE SCHEDULE
Location Service/Frequency Unit Price Cost
Homestead Museum
15415 Don Julian
Two Times – Monthly Service. Exterior-General
Pest (Occasional Interior)
$680.00 $8,160.00
City Hall 15625 Mayor
Dave Way
Monthly Service. Exterior-General Pest $159.00 $1,908.00 Industry Business
Council/Chamber of
Commerce 15651 Mayor
Dave Way
Monthly Service. Exterior-General Pest $159.00 $1,908.00 Youth Athletic League
(YAL) Offices/Post
Office 15660 Mayor
Dave Way/15559 Rausch
Road
Monthly Service. Exterior-General Pest $97.00 $1,164.00 Tonner Canyon/Scout
Reserve Guard Shack -
quarterly general pest
19001 Tonner Canyon
Rd
• Quarterly Service. Guard Shack. ExteriorGeneral Pest • Monthly Service. Camp Masters Building.
General Pest
• Monthly Service. Camp Courage. General Pest
• Monthly Service. Restroom Shower Building.
General Pest
• Quarterly Service. Guard Shack. General Pest
• Two Times – Weekly Rodent. Camp Courage
Master Bunkhouse, restrooms, showers: MayAugust. Rodent Control • Monthly Rodent. Camp Courage. Monthly
Sept-April: Tents only repellent. Rodent
Control
• Weekly Service. Camp Courage. June-Aug
Weekly disinfection for 4 Camp Courage
Tents, Treat bare mattress pads on twin bunks.
$128.00 $512.00
Rodent Disinfection
• Annual Rodent Device Install. Camp Courage
Tents Add devices to 4 tents. 1x per year.
Rodent
• Annual Rodent Devices Install. Camp
Courage, Camp Master Bunkhouse, restrooms,
showers – 1x per year. Rodent Control
• 2x – Weekly Rodent. Comp Courage Tests
May-August – 4 Tents. Rodent Control
• Monthly Service. Camp Courage Tents. MayAugust. Monthly treatment of tents for General Pest
Rodent Cleanup – Annual. Camp Master, Camp
Courage, tents, restrooms, and showers May – 1x
per year
Tonner Canyon/Scout
Reserve Camp Master
Building - monthly
general pest 19001
Tonner Canyon Rd
Monthly Service. Exterior-General Pest $118.00 $1,416.00 Tonner Canyon/Scout
Reserve Camp Courage
- monthly general pest
19001 Tonner Canyon
Rd
Ground Squirrel Trapping. 2x Monthly $134.00 $1,608.00
Tonner Canyon/Scout
Reserve Restroom
Shower Building -
monthly general pest
19001 Tonner Canyon
Rd
Ground Squirrel Trapping. 2x Monthly $87.00 $1,044.00
Tonner
Canyon/Scout
Reserve Camp
Courage Master
Bunkhouse,
Restrooms, Showers -
Monthly Service. Exterior-General Pest $160.00 $5,760.00
monthly rodent (nonsummer) 19001 Tonner
Canyon Rd
Tonner Canyon/Scout
Reserve Camp Courage
- Tents Only general pest
(non-summer) 19001
Tonner Canyon Rd
As needed services $160.00 $1,280.00
Tonner Canyon/Scout
Reserve Camp Courage
- weekly disinfection
JUN-AUG 19001 Tonner
Canyon Rd
3 in 2 Care Traps – 1x per month $195.00 $2,730.00
Tonner Canyon/Scout
Reserve Camp Courage
Tents - annual presummer rodent 19001
Tonner Canyon Rd
4 in 2 Care Traps – 2x per month price per service
April thru December approx. 9 months
$386.00 $386.00
Tonner Canyon/Scout
Reserve
Camp Courage, Camp
Master Bunkhouse,
Restrooms, Showers -
annual pre-summer
rodent trap installation
19001 Tonner Canyon
Rd
Mosquito Treatment – 2x per month April thru
December approx. 9 months
$386.00 $386.00
Tonner Canyon/Scout
Reserve Camp Courage
Tents - twice weekly
general pest MAY-AUG
19001 Tonner Canyon
Rd
Two Times – Monthly Service. Exterior-General
Pest (Occasional Interior)
$160.00 $5,760.00
Tonner Canyon/Scout
Reserve Camp Courage
Tents - monthly rodent
service MAY-AUG
19001 Tonner Canyon
Rd
Monthly Service. Exterior-General Pest $87.00 $
348.0
0
Tonner Canyon/Scout
Reserve
Camp Master, Camp
Courage, Tents,
Restrooms and Showers
- Annual pre-summer
rodent cleanup 19001
Tonner Canyon Rd
Monthly Service. Exterior-General Pest $4,944.00 $4,944.00 19001 Tonner Canyon
Rd
Monthly Service. Exterior-General Pest $309.00 $309.00
19001 Tonner Canyon
Rd
• Quarterly Service. Guard Shack. ExteriorGeneral Pest • Monthly Service. Camp Masters Building.
General Pest
• Monthly Service. Camp Courage. General Pest
• Monthly Service. Restroom Shower Building.
General Pest
• Quarterly Service. Guard Shack. General Pest
• Two Times – Weekly Rodent. Camp Courage
Master Bunkhouse, restrooms, showers: MayAugust. Rodent Control • Monthly Rodent. Camp Courage. Monthly
Sept-April: Tents only repellent. Rodent
Control
• Weekly Service. Camp Courage. June-Aug
Weekly disinfection for 4 Camp Courage
Tents, Treat bare mattress pads on twin bunks.
Rodent Disinfection
• Annual Rodent Device Install. Camp Courage
Tents Add devices to 4 tents. 1x per year.
Rodent
• Annual Rodent Devices Install. Camp
Courage, Camp Master Bunkhouse, restrooms,
showers – 1x per year. Rodent Control
• 2x – Weekly Rodent. Comp Courage Tests
$267.00 $267.00
May-August – 4 Tents. Rodent Control
• Monthly Service. Camp Courage Tents. MayAugust. Monthly treatment of tents for General Pest
Rodent Cleanup – Annual. Camp Master, Camp
Courage, tents, restrooms, and showers May – 1x
per year
19001 Tonner Canyon
Rd
Monthly Service. Exterior-General Pest $92.00 $552.00
Industry Station -
Metrolink
Ground Squirrel Trapping. 2x Monthly $77.00 $462.00
City of Industry - Lot
East of Helipad 600 Brea
Canyon
Ground Squirrel Trapping. 2x Monthly $250.00 $6,000.00
City of Industry –
Helipad 15252 Stafford
St
Monthly Service. Exterior-General Pest $154.00 $3,696.00 El Encanto Convalescent
Hospital 555 El Encanto
Rd
As needed services $108.00 $1,296.00
El Encanto Convalescent
Hospital 555 El Encanto
Rd
3 in 2 Care Traps – 1x per month
$144.00 $2,592.00
El Encanto Convalescent
Hospital 555 El Encanto
Rd
555 El Encanto Rd
$298.00 $5,364.00
Sheriff Station
Community Service
Center 205 N Hudson
Ave
205 N Hudson Ave $87.00 $1,044.00
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. 6.7
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
DATE: October 8, 2026
SUBJECT: Consideration of Ratification of a Grant Agreement under the Fiscal Year 2025 Safe Streets and Roads for All Grant Program with the United States Department of Transportation’s Federal Highway Administration.
Background:
On June 25, 2025, the City submitted an application for grant funds through the United States Department of Transportation’s (“USDOT”) Federal Highway Administration’s (“FHWA”) Fiscal Year 2025 Safe Streets and Roads for All Grant (“SS4A”) program.
The grant is for the preparation of a Safety Action Plan for the City that will document, diagnose, and recommend countermeasures to address safety concerns, based on available accident data, existing infrastructure, address the need for goods movement and the community within the City.
On February 5, 2026, the City was notified by FHWA that it was awarded a grant in the amount of $320,000.00, with a required local match amount of $80,000.00, in addition to the award amount
Discussion:
In April 2026, Staff began working with FHWA to prepare the Grant Agreement. On September 11, 2026, the City received the final version of the agreement for execution. On September 16, 2026, FHWA contacted Staff about obtaining a signature by September 18, 2026, to avoid delays and potential re-execution of the agreement due to the Federal Fiscal Year starting October 1, 2026.
On September 17, 2026, the City Attorney reviewed the agreement and determined it was in order. The City Manager signed the agreement and it was returned to FHWA on September 18,
2026 for final execution. Staff recommends ratifying the Grant Agreement with FHWA.
Fiscal Impact:
There is no direct fiscal impact with the approval of the Grant Agreement (MP 26-06 #1).
However, once approved, Staff will prepare the Request for Proposals to prepare the Safety Action Plan. Thereafter, the City Council will consider the recommended consultant. Once approved, the grant will cover up to $320,000 of the cost for the development of the plan, while the City will be responsible for a minimum of $80,000 of the costs.
Recommendation:
Approve the Grant Agreement
Exhibits:
1. Grant Agreement with United States Department of Transportation’s Federal Highway Administration, dated September 17, 2026
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
Chris Lum Construction Manager - CNC Engineering
DATE: October 8, 2026
SUBJECT: Consideration of Deductive Change Order No. 6, in the amount of $198,848.57, and Notice of Completion for Contract No. CITY-1528R, Annual Pavement Rehabilitation FY23, with Sequel Contractors Inc.
Background:
On August 14, 2025, the City Council awarded Contract No. CITY-1528R for the Annual Pavement Rehabilitation FY 23 project, to Sequel Contractors Inc., in the amount of $6,048,299.25. This project consisted of resurfacing various streets throughout the City and reconstruction of Bonelli Street. Work consisted mainly of cold milling existing AC pavement, constructing AC pavement overlay, installation of asphalt rubber aggregate membrane on Gale Avenue, repair of broken curbs, gutters, driveways and sidewalks; upgrading curb ramps to current ADA standards, adjustment of existing utilities to finish grade, and installing pavement markers, markings and striping and repainting red curb throughout.
Discussion:
As of March 12, 2026, the City Manager approved the following change order in the total amount of $205,824.68:
• Change Order No. 1 – Costs in the amount of $205,824.68 were approved to remove the existing median surface and replace it with Yosemite cobblestones on Hacienda Boulevard, per plan revision #2.
As of June 3, 2026, the City Manager approved the following change orders in the total amount of $94,101.43:
• Change Order No. 2 – Costs in the amount of $62,618.74 were approved to use
FORTA-FI asphalt fiber reinforcement blend in the asphalt pavement mix on Bonelli Street.
• Change Order No. 3 – Costs in the amount of $31,482.69 were approved for additional removals of thermoplastic striping and markers as well as providing temporary striping on Gale Avenue prior to the placement of the ARAM surface.
As of September 4, 2026, the City Manager approved the following change orders in the total amount of $28,122.63:
• Change Order No. 4 – Costs in the amount of $25,663.50 were approved for additional roadway surface preparation on Bonelli Street for the placement of asphalt pavement using the FORTA-FI mix.
• Change Order No. 5 – Costs in the amount of $2,459.13 were approved to protect a shallow waterline by encasing it with concrete.
As of September 23, 2026, the Director of Public Works has reviewed the change order for completeness and accuracy as to the materials and labor included:
Final field quantities have been measured and verified. • Change Order No. 6 – Final quantities have been completed and the underruns and overruns are as follows:
Underruns – (represented in parentheses)
• Bid Item No. 5, Hazardous waste disposal, $150,000.00 x 1/LS = ($150,000.00) • Bid Item No. 7, Cold Mill existing AC pavement, $5.75/SY x 2,997.89/SY = ($17,237.87)
• Bid Item No. 9, Unclassified excavation (Bonelli St.), $48.00/CY x 4,400/CY = ($211,200.00)
• Bid Item No. 10, Construct Street pave-out, $40.00/SF x 881/SF = ($35,240.00) • Bid Item No. 16, Sawcut and remove pedestrian ramp, $8.00/SF x 1,547.25/SF = ($12,378.00)
• Bid Item No. 17, Sawcut and remove pedestrian ramp (Bonelli St.), $8.00/SF x 74/SF = ($592.00)
• Bid Item No. 19, Crushed aggregate base, $45.00/CY x 4,600/CY = ($207,000.00) • Bid Item No. 21, Tensar InterAX NXP geogrid, $13.00/SF x 8,984.19/SF = ($116,794.47)
• Bid Item No. 22, Transition panel, $25.00/SF x 525/SF = ($13,125.00) • Bid Item No. 24, Construct PCC curb and gutter for driveways, $45.00/LF x
142.50/LF = ($6,412.50)
• Bid Item No. 25, Construct pedestrian ramp, $14.00/SF x 1,991.25/SF = ($27,877.50)
• Bid Item No. 31, Repaint curb red, $2.00/LF x 2,134/LF = ($4,268.00) • Bid Item No. 33, Repaint yellow curb, $2.00/LF x 55/LF = ($110.00) Total amount of Underruns = ($802,235.34)
Overruns–
▪ Bid Item No. 6, Remove AC pavement (Bonelli St.), $10.00/SY x 167.22/SY = $1,672.20
▪ Bid Item No. 8, Cold mill AC pavement, $2.75/SY x 1,172.22/SY = $3,223.61 ▪ Bid Item No. 11, Sawcut and remove existing sidewalk, $12.00/SF x 5,380.25/SF = $64,563.00
▪ Bid Item No. 12, Sawcut and remove existing PCC curb, $65.00/LF x 1,751/LF = $113,815.00
▪ Bid Item No. 13, Sawcut and remove existing PCC curb and gutter, $65.00/LF x 275/LF = $17,875.00
▪ Bid Item No. 14, Sawcut and remove existing driveway, $18.00/SF x 2,231.25 = $40,162.50
▪ Bid Item No. 15, Sawcut and remove existing driveway (Bonelli St.), $18.00/SF x 1,662.50 = $29,925.00
▪ Bid Item No. 18, Asphalt concrete pavement, $126.00/TON x 761.46/TON = $95,943.96
▪ Bid Item No. 20, Furnish and install 3/8” asphalt rubber, $4.45/SY x 2,730/SY = $12,148.50
▪ Bid Item No. 23, Construct Type A2-8 PCC curb and gutter, $45.00/LF x 1,966/LF = $88,470.00
▪ Bid Item No. 26, Construct PCC driveway, $12.00/SF x 3,893.75/SF = $46,725.00
▪ Bid Item No. 27, Construct 4” PCC sidewalk, $12.00/SF x 5,380.25/SF = $64,563.00
▪ Bid Item No. 28, Adjust manhole cover to finished grade, $1,200/EA x 6/EA = $7,200.00
▪ Bid Item No. 29, Adjust water or gas valve cover to finished grade, $600.00/EA x 9/EA = $5,400.00
▪ Bid Item No. 30, Restore traffic loop detectors, $700.00/EA x 11/EA = $7,700.00 ▪ Bid Item No. 35, Restore driveway loop detector, $2,000.00/EA x 2/EA = $4,000.00
Total amount of Overruns = $603,386.77
Total amount of Deductive Change Order No. 6 is ($802,235.34) - $603,386.77 = ($198,848.57).
As of September 22, 2026, Staff have determined that all streets have been resurfaced, curb and gutter, sidewalk, driveways, ADA compliant curb ramp improvements and all striping have been completed.
Fiscal Impact:
Table 1 - Summary of Extra Costs
Contract Amount $6,048,299.25
Change Order No. 1 $205,824.68
Change Order No. 2 $62,618.74
Change Order No. 3 $31,482.69
Change Order No. 4 $25,663.50
Change Order No. 5 $2,459.13
Deductive Change Order No.
6 ($198,848.57)
Revised Project Cost $6,177,499.42
The revised contract amount including Change Order Nos. 1-6 totals $6,177,499.42. In the adopted Fiscal Year 2026-2027 Capital Improvement Project budget $2,000,000 is approved for this project (Account No. 120-702-5205) (MP 22-04) and is sufficient for the work completed after July 1, 2026.
Recommendation:
1. Approve and execute Deductive Change Order No. 6 in the amount of $198,848.57 and authorize the Mayor to execute the approved Change Order and;
2. Accept the work performed by Sequel Contractors Inc. in the amount of $6,177,499.42 and;
3. Authorize the Mayor or her designee to execute the Notice of Completion attached hereto as Exhibit B and;
4. Authorize the City Clerk to file the Notice of Completion for this project.
Exhibits:
ITEM NO. 7.1
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: October 8, 2026
SUBJECT: Consideration of Resolution No. CC 2026-32 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPOINTING A REPRESENTATIVE TO THE BOARD OF TRUSTEES
FOR THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL
DISTRICT FOR THE NEXT TERM OF OFFICE
Background:
The San Gabriel Valley Mosquito and Vector Control District (“SGVMVCD” or “District”) is an Independent Special District whose power of authority is granted through the California Health and Safety Code, Sections 2000-2067. The District is a public health agency that provides protection from vector-borne diseases and is governed by a 27-member Board of Trustees (“Board”) consisting of an appointed representative from each of the 26 cities the District covers, as well as the County of Los Angeles. Pursuant to California Health and Safety Code Section 2024, the term of office for each member of the Board of Trustees shall be two (2) or four (4) years, at the discretion of the appointing authority, beginning at noon on the first Monday in January. On December 12, 2024, the City Council appointed Mayor Cory Moss to fill the vacant position and serve as the City’s representative on the Board for the SGVMVCD.
Discussion:
The term for the Mayor as the City’s representative on the Board for the SGVMVCD ends on December 31, 2026. The City Council may choose to re-appoint Mayor Moss, appoint another Council Member, or appoint a member from the community, provided they are a resident and voter in the City of Industry, and determine whether the length of the term will be for either two (2) or four (4) years. The California Health and Safety Code does not allow for alternates, therefore only the appointed Board member will have voting authority during their fixed term.
Monthly meetings are held on the second Friday of every month at 7:00 am at the West Covina District Office located at 1145 North Azusa Canyon Road.
Fiscal Impact:
There is no fiscal impact.
Recommendation:
Staff recommends that the City Council:
1) Determine who will serve on the Board and the length of the term; and 2) Adopt Resolution No. CC 2026-32
Exhibits:
1. Resolution No. CC 2026-32
RESOLUTION NO. CC 2026-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPOINTING A REPRESENTATIVE TO
THE BOARD OF TRUSTEES FOR THE SAN GABRIEL VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT FOR THE NEXT
TERM OF OFFICE
RECITALS
WHEREAS, the San Gabriel Valley Mosquito and Vector Control District (“SGVMVCD” or “District”) is an Independent Special District whose power of authority is granted through the California Health and Safey Code, Sections 2000-2067; and WHEREAS, the District is a public health agency that provides protection from vector-borne diseases and is governed by a 27-member Board of Trustees (“Board”) consisting of an appointed representative from each of the 26 cities the District covers, as well as the County of Los Angeles; and
WHEREAS, pursuant to California Health and Safety Code Section 2024, the term of office for each member of the Board of Trustees shall be two (2) or four (4) years, at the discretion of the appointing authority, beginning at noon on the first Monday in January; and
WHEREAS, on December 12, 2024, the City Council appointed Mayor Cory Moss to serve as the City’s representative on the Board for the SGVMVCD, and that term will end on December 31, 2026; and
WHEREAS, the City Council may choose to re-appoint Mayor Moss, appoint another Council Member, or appoint a member from the community, provided they are a resident and voter in the City of Industry, and determine whether the length of the term will be for either two (2) or four (4) years; and
WHEREAS, the California Health and Safety Code does not allow for alternates, therefore only the appointed Board member will have voting authority during their fixed term; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council of the City of Industry appoints _______________ to serve as the representative on the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District for the term of ______ years, commencing January 4, 2027.
SECTION 3. The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 8, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk
ITEM NO. 7.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: October 8, 2026
SUBJECT: Consideration of Resolution No. CC 2026-27 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO THE LA PUENTE VALLEY HISTORICAL
SOCIETY FOR THE RESTORATION OF THE ROWLAND HOME ADOBE
COOKHOUSE
Background:
The La Puente Valley Historical Society (“LPVHS”) is a 501(c)(3) nonprofit organization that was founded in October 1960 to encourage and promote the study of the history of La Puente Valley and related parts of Southern California. In 1969, LPVHS signed a lease on the Rowland Home and the Dibble Museum. LPVHS began restoring the home, cook house, and museum with the support of and help from many community organizations.
Discussion:
Last year, LPVHS informed the City that the Rowland Adobe Brick Cookhouse (“Cookhouse”) sustained significant damage due to rain, causing one of the stucco walls to come down and leaving the 170-year-old adobe bricks exposed. At the time, the quote for the cost to repair and restore the existing building’s adobe brick walls was $28,900.00. City Council approved Resolution No. CC 2025-31 for a donation to restore the cookhouse, in an amount to be determined based on the potential grants received. LPVHS has since received a $10,000.00 grant to assist with the cost to restore the structure. Based on a revised quote and factoring in the grant money received, LPVHS needs $42,801.54 in order to complete the repairs. LPVHS is requesting a donation from the City in an amount up to $25,000.00 to assist with the repairs to protect the Cookhouse from further damage and restore the significant historical structure.
LPVHS is working to fundraise the remainder of the amount. Staff is seeking the City Council’s direction regarding the desired amount of this donation.
Fiscal Impact:
In the Fiscal Year 2026/2027 budget, $371,000.00 was approved for Donations, with $158,600.00 remaining. No appropriations are required at this time (Account No. 100-621- 5602).
Recommendation:
Staff recommends that the City Council:
1) Determine the amount of the donation
2) Adopt Resolution No. CC 2026-27, approving a donation in an amount of $__________ to the La Puente Valley Historical Society.
Exhibits:
1. Resolution No. CC 2026-27
RESOLUTION NO. CC 2026-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, APPROVING A DONATION TO THE LA PUENTE
VALLEY HISTORICAL SOCIETY FOR THE RESTORATION OF THE
ROWLAND HOME ADOBE COOKHOUSE
RECITALS
WHEREAS, the La Puente Valley Historical Society (“Society”) is a 501(c)(3) nonprofit organization that was founded in October 1960 to encourage and promote the study of the history of La Puente Valley and related parts of Southern California; and WHEREAS, in 1969, the Society signed a lease on the Rowland Home and Dibble Museum, and the Society began restoring the home, cook house, and museum with the support of and help from many community organizations; and WHEREAS, last year, LPVHS informed the City that the Rowland adobe brick cookhouse (“Cookhouse”) sustained significant damage due to rain, causing one of the stucco walls to come down and leaving the 170 year old adobe bricks exposed; and WHEREAS, the City Council approved Resolution No. CC 2025-31 for a donation in an amount to be determined based on the award of any potential grants that LPVHS was pursuing; and
WHEREAS, LPVHS is requesting a donation from the City in an amount up to $25,000.00 in order to assist with the repairs to protect the Cookhouse from further damage and restore the significant historical structure; and WHEREAS, Staff is seeking the City Council’s direction regarding the desired amount of this donation; and
WHEREAS, the City’s donation serves a public purpose in that the Society preserves and promotes the history of the community and offers tours of its properties to local students to encourage their education of the past; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City's contribution serves a public purpose in that that the Society preserves and promotes the history of the community and offers tours of its properties to local students to encourage their education of the past.
SECTION 3. The City Council hereby approves a donation of _____________________ Dollars ($_________) to the La Puente Valley Historical Society.
SECTION 4. The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on October 8, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk
ITEM NO. 7.3
CITY OF INDUSTRY
15625 Mayor Dave Way• City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
DATE: October 8, 2026
SUBJECT: Consideration of the cancellation of the November 26, 2026, and December 24, 2026, City Council Meetings and the closure of City Hall from December 24, 2026, through January 1, 2027; And discussion and direction regarding scheduling special City Council Meetings and/or cancelling additional regular City Council Meetings in November and December
Discussion:
Due to the fact that the November 26, 2026, regular City Council Meeting falls on Thanksgiving Day, Staff recommends cancelling this meeting. Staff also recommends cancelling the December 24, 2026, regular City Council Meeting because it falls on Christmas Eve.
In observance of the Christmas and New Year holidays, Staff recommends closing City Hall from Thursday December 24, 2026, through Friday January 1, 2027, and reopening on Monday, January 4, 2027.
Staff is seeking the Council’s direction to determine if a special City Council Meeting should be held instead of or in addition to the regular scheduled City Council Meetings on November 12, 2026, and December 10, 2026, since it is recommended to cancel the second meetings in November and December. Special City Council Meetings could be held in the third week, or early in the fourth week of both November and December, if the Council desires.
Recommendation:
1) Cancel the November 26, 2026, and December 24, 2026, regular City Council Meetings
2) Authorize the closure of City Hall from December 24, 2026, through January 1, 2027
3) Provide direction to Staff regarding scheduling special City Council Meetings and/or cancelling additional regular City Council Meetings in November and December
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