Cudahy City Council
May 6, 2025

City of Cudahy Development Impact Fee Study
30 C = A x B D = C x 0.02 E = C + D
Base
Fee1
Admin
Charge1, 2 Total Fee1
Cost per Space 28,598$ $ 29,170$ 572
Sources: Tables 6.1 and 6.2; Willdan Financial Services.

Table 6.3: Maximum Justified Parking In
Lieu Fee Schedule
1 Fee in lieu of providing a parking space onsite. Cudahy Municipal Code requires one space per 200 square feet of Commercial ("Business, General"), per 250 square feet of office, or per 400 square feet of industrial. Refer to Municipal Code section

20.80.110 for full list of requirements.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

31 7. Art in Public Places
The Cudahy City Council requested an art in public places ordinance to expand the City’s artistic and cultural resources by enhancing the environment and quality of life as new development occurs.

To comply with the proposed ordinance, a project would include a publicly accessible civic artwork valued at one percent of the project’s building valuation. The developer may choose instead to contribute an in-lieu fee to the art in public places fund valued at one percent of the building valuation.

All new residential developments of four or more units, public and institutional buildings and all commercial, office, and industrial development projects with a construction value equal to or exceeding $100,000 are subject to the fee.

A fee of one percent of construction value is a reasonable and commonly used by jurisdictions for art in public places fees. The one percent fee will always reflect the current price of construction, which is a direct measure of inflation. Because the fee is based on a cost that will always reflect the status of the local economy, the fee essentially updates itself annually.

32 8. Implementation
Impact Fee Program Adoption Process
Impact fee program adoption procedures are found in the California Government Code section 66016. Adoption of an impact fee program requires the City Council to follow certain procedures including holding a public hearing. Data, such as an impact fee report, must be made available at least 10 days prior to the public hearing. The City’s legal counsel should be consulted for any other procedural requirements as well as advice regarding adoption of an enabling ordinance and/or a resolution. After adoption there is a mandatory 60-day waiting period before the fees go into effect.

Inflation Adjustment
The City has kept its impact fee program up to date by periodically adjusting the fees for inflation.

Such adjustments should be completed regularly to ensure that new development will fully fund its share of needed facilities. We recommend that the following indices be used for adjusting fees for inflation:
 Buildings – Engineering News-Record’s Building Cost Index (BCI)  Equipment – Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)
The indices recommended can be found for local jurisdictions (state, region), and for the nation.

Except for land, we recommend that the national indices be used to adjust for inflation, as the national indices are not subject to frequent dramatic fluctuations that the localized indices are subject to.

Due to the highly variable nature of land costs, there is no index that captures fluctuations in land values. We recommend that the City adjust land values based on recent land purchases, sales or appraisals at the time of the update.

While fee updates using inflation indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available.

Reporting Requirements
The City should comply with the annual and five-year reporting requirements of the Mitigation Fee Act. For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non-fee revenues is essential. Identification of the timing of receipt of other revenues to fund the facilities is also important.

Table 8.1 summaries the annual and five-year reporting requirements.

City of Cudahy Development Impact Fee Study
33 Table 8.1: Mitigation Fee Act - Annual and Five-year Administrative Requirements CA Gov't Code
Section Timing Reporting Requirements1
Recommended
Fee Adjustment
66001.(d)
The fifth fiscal year following the
first deposit into the account or
fund, and every five years
thereafter
(A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
(D) Designate the approximate dates on which supplemental funding is expected to be deposited into the appropriate account or fund.

Comprehensive
Update
66006. (b) Within 180 days after the last
day of each fiscal year
(A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.
(C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended including share funded by fees.
(F) An identification of an approximate date by which the construction of the public improvement will commence.
(G) A description of any potential interfund transfers. (H) The amount of refunds made (if any).

Inflationary
Adjustment
1 Edited for brevity. Refer to the government code for full description.

Sources: CA Government Code sections 66001.(d) and 66006.(b).

City of Cudahy Development Impact Fee Study
34 Programming Revenues and Projects with the CIP
The City maintains a Capital Improvement Program (CIP) to plan for future infrastructure needs.

The CIP identifies costs and phasing for specific capital projects. The use of the CIP in this manner documents a reasonable relationship between new development and the use of those revenues.

The City may decide to alter the scope of the planned projects or to substitute new projects if those new projects continue to represent an expansion of the City’s facilities. If the total cost of facilities varies from the total cost used as a basis for the fees, the City should consider revising the fees accordingly.

Reimbursements
For some facility categories, particularly park facilities, developers occasionally dedicate parkland and construct facilities in lieu of paying the development impact fee. If a developer builds parkland that exceeds the development’s share of needed facilities, that developer should be reimbursed for facilities created above and beyond that development’s impact. However, we recommend that the City’ reimburse the difference based on a) the costs identified in the most recent CIP, and b) at the time that the City would be building the improvement had the development not occurred. By following these guidelines, the City will not be unfairly burdened with unanticipated costs.

35 9. Mitigation Fee Act Findings
Public facilities fees are one-time fees typically paid when a building permit is issued and imposed on development projects by local agencies responsible for regulating land use (cities and counties). To guide the widespread imposition of public facilities fees the State Legislature adopted the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. The Act, contained in California Government Code Sections 66000 through 66025, establishes requirements on local agencies for the imposition and administration of fee programs.

The Act requires local agencies to document five findings when adopting a fee.

The five statutory findings required for adoption of the public facilities fees documented in this report are presented in this chapter and supported in detail by the preceding chapters. All statutory references are to the Act.

Purpose of Fee
 Identify the purpose of the fee (§66001(a)(1) of the Act).

Development impact fees are designed to ensure that new development will not burden the existing service population with the cost of facilities required to accommodate growth. The purpose of the fees proposed by this report is to provide a funding source from new development to fund capital improvements to serve that development. The fees advance a legitimate City interest by enabling the City to provide public facilities to new development.

Use of Fee Revenues
 Identify the use to which the fees will be put. If the use is financing facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in §65403 or §66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged (§66001(a)(2) of the Act).

Fees proposed in this report, if enacted by the City, would be used to fund expanded facilities to serve new development. Facilities funded by these fees are designated to be located within the City’s sphere of influence. Fees addressed in this report have been identified by the City to be restricted to funding the following facility categories: traffic facilities, parks and recreation facilities, general government facilities and parking facilities.

Benefit Relationship
 Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

The City will restrict fee revenue to the acquisition of land, construction of facilities and buildings, and purchase of related equipment, furnishings, vehicles, and services used to serve new development. Facilities funded by the fees are expected to provide a citywide network of facilities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and non-residential use classifications that will pay the fees.

Burden Relationship
 Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed (§66001(a)(4) of the Act).

City of Cudahy Development Impact Fee Study
36 Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For each facility category, demand is measured by a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. For traffic facilities this standard is expressed as a cost per trip. For parks and recreation facilities this standard is expressed as a cost per resident. For general government facilities this standard is expressed as a cost per capita. For parking facilities, the standard is based on parking requirements from the City’s municipal code.

The standards used to identify growth needs are also used to determine if planned facilities will partially serve the existing service population by correcting existing deficiencies. This approach ensures that new development will only be responsible for its fair share of planned facilities, and that the fees will not unfairly burden new development with the cost of facilities associated with serving the existing service population.

Chapter 2, Growth Forecasts provides a description of how service population and growth forecasts are calculated. Facility standards are described in the Facility Standards sections of each facility category chapter.

Proportionality
 Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (§66001(b) of the Act).

The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project’s size. Larger new development projects can result in a higher service population resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.

See Chapter 2, Growth Forecasts, Chapter 3, Trip Growth or the Service Population section of Chapters 4 and 5 in each facility category chapter for a description of how service populations or other factors are determined for different types of land uses. See the Fee Schedule section of each facility category chapter for a presentation of the proposed facilities fees

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Staff Report
05/06/2025 Page 1 of 5

STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Ray Casey, Senior Engineer
Subject: Award a Contract Services Agreement to Simgel Co. Inc. for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001

RECOMMENDATION
The City Council is requested to:

1. Appropriate $4,874,304 of Clean California Local Grant funding, for all activities associated with phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001, including construction contingency, construction management, construction inspection, administration, design, and force account labor;

2. Approve Plans and Specifications for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001;

3. Award a Contract Services Agreement to Simgel Co. Inc. for the Project in the amount of $3,793,293 for the Cudahy Los Angeles River Area Improvements Project - ABP-001;

4. Approve a construction contingency permitting for unforeseen conditions, construction management, construction inspection, administration, design, and force account labor in the amount of $1,081,011;

5. Authorize the City Manager to approve change orders within the contingency amount;

6. Approve a deductive change order in the amount of $1,539,280 (bid item 1.42, 1.43,

2.11, 2.12, 2.14, 2.15, 2.16, 2.21, 2.22, 2.23, 2.24, 2.37, 2.38, 2.39, 2.40, 2.41, 2.42,

2.43, 2.44, 2.45, 3.10, 3.11, 3.14, 3.15, 3.21, 3.32, 3.33, 3.34, 3.35, 3.36, 3.37); and

7. Find the Cudahy Los Angeles River Area Improvements project, which includes four Item Number
14A

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individual sites, exempt from the environmental regulations of the California Environmental Quality Act (“CEQA”), pursuant to Cal. Code of Regulations, Title 14, Division 6, Chapter 3, Section(s) 15061 (Class 1 – Existing Facilities) and 15304 (Class 4 – Minor Alterations to Land).

BACKGROUND

1. On June 21, 2022, the City approved a sub-recipient agreement with Caltrans after securing funds from the Clean California Local Grant Program.

2. On March 24, 2025, the City issued a Notice of Inviting Bids for Package 1 (Sites 2,3, and 4).

3. On April 23, 2025, the submission window closed. The bid opening was conducted, and 3 bids were received.

4. On April 23, 2025, City staff met with Caltrans and were informed that no grant extension will be provided past the June 30, 2025 deadline. Due to this, the scope of the project will be reduced to produce as much of the project as possible.

SCOPE OF WORK
Site 2 - Cudahy River Park, 5322 Clara St, Cudahy, CA 90201: The work includes the removal of existing concrete paving at the park entrance, decomposed granite paving, landscape edging, tree removal and protection, concrete paving, stabilized decomposed granite, landscape edging, site furnishings, signage, and lighting. Additional/Alternative itemsinclude refurbishing and replacing irrigation equipment, replanting landscape and remove wrought iron fencing.

Site 3 - Clara Bridge Slopes: The work includes removal of existing AC paving and underplanting, tree protection, the installation of concrete retaining walls, painting of walls and guardrail, installation of slurry seal asphalt pavement, bike lane striping, way finding signage, and installation of basalt paving, planting, and irrigation.

Site 4 - Otis Avenue Pocket Park Cudahy Gateway Landmark: The work includes removal of existing AC paving, concrete paving, and turf, the installation of concrete paving, curb ramps, basalt paving, planting, and irrigation as indicated within the drawings at the intersection of Salt Lake Avenue, Elizabeth Street, and Ortis Avenue.

ANALYSIS
The Los Angeles River Area Improvements Project Phase 1 represents a significant investment in Cudahy’s infrastructure, public spaces, and community identity. The City was awarded Clean California Local Grant Program funds to implement the project. These funds are time sensitive, with a final expenditure deadline of June 30, 2025, as confirmed by Caltrans. Appropriating the full grant award is essential to proceed with eligible construction activities and associated

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professional services before the deadline, thereby maximizing the grant’s benefit to the City.

Although the City had been very successful in pursuing grant funding for capital improvement projects over the past several years it lacked staffing, experienced enough in such projects, both internally, and externally, to successfully manage the number and complexity of projects in the Capital Improvement Program, until recently. Much progress has been made over the past several months in delivering such projects, including this one, through the efforts of dedicated staff members and external staff, but this project, in particular, was up against an extremely tight time frame, and staff was unable to secure the "hoped for" extension of time from Caltrans.

The completed plans and specifications for Phase 1 (Sites 2, 3, and 4) have undergone thorough design and review processes, including coordination with SWA Group Inc. and Transtech Engineering, Inc. Approval of these documents is necessary to begin the formal construction phase and to ensure project delivery aligns with grant obligations.

Simgel Co. Inc. was selected through a competitive public bidding process and submitted the lowest responsive and responsible bid. Awarding the contract in the not-to-exceed amount of $3,793,293 allows construction to commence immediately and ensures timely progress toward the project’s completion. The bid tabulation for the project is attached herein as Exhibit “B”.

Given the complexity of the project and the presence of multiple improvement sites, a substantive contingency is needed to address unforeseen site conditions, material substitutions, or changes necessary to meet grant requirements or community needs. This contingency aligns with standard practices for capital improvement projects of this scale.

Delegating authority to the City Manager to approve change orders within the contingency budget provides necessary flexibility to manage the project effectively and avoid construction delays. This process streamlines decision making and ensures responsiveness in the field.

As a result of the very short timeline allowed by the grant program, several bid items have been identified for deletion from the base scope. These deductive change orders allow the City to remain within the grant’s budget cap while focusing on priority improvements. This targeted reduction enables the City to achieve meaningful progress at the most visible and impactful locations without surpassing the grant deadline.

ENVIORNMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. CEQA applies to certain activities that affect the environment of state and local public agencies. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by

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a public agency or a private activity that must receive some discretionary approval (meaning that the agency has the authority to deny the request) from a government agency, which may cause either a direct physical change or a reasonably foreseeable indirect change in the environment.

The Cudahy Los Angeles River Area Improvement project (“Project”) has been assessed in accordance with the CEQA (Pub. Res. Code § 21000 et seq.), the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the environmental regulations of the City. In conformity with CEQA and State CEQA Guidelines, the proposed Project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section(s) 15061 - Class 1 (Existing Facilities) and Section 15304 – Class 4 (Minor Alterations to Land). The Project is an infrastructure and beautification project that involves four individual project sites in Cudahy:
1) Los Angeles River Bike Path; 2) Cudahy River Park; 3) Clara Bridge Slopes, and 4) Cudahy Gateway Landmark. The City has prepared a draft notice of exemption (“NOE”) detailing the Project sites and reasons why each Project site is exempt from CEQA as detailed in Attachment X. City staff requests the City Council exempt the entire Project, which includes Sites 1, 2, 3 and

4. If the Project is found to be exempt from CEQA, City staff will file the NOE with the County Clerk’s Office and the State’s Office of Planning and Research (“OPR”) within five (5) days from the date of this report.

CONCLUSION
The City Council isrequested to approve all recommendations in order to continue work on the Los Angeles River Area Improvement Project and begin construction.

STRATEGIC PLAN CORRELATION
Goal E City Infrastructure and Service Delivery:

Objective 1:

Ensure high-quality infrastructure to continue connectivity throughout the community.

Objective 3:

Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

FINANCIAL IMPACT
The cost for this contract is in the amount of $3,793,293 and will be funded through the Clean California Local Grant Program.

ATTACHMENTS

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A. Draft Contract Services Agreement between the City of Cudahy and Simgel Co. Inc.

B. Bid Results
C. Notice of Exemption

1 2025

CONSTRUCTION CONTRACT
(Name of Bidder Awarded Contract: SIMGEL CO. INC.)
Name of Project: Cudahy Los Angeles River Area Improvements Project - ABP-001
Site 2 - Cudahy River Park
Site 3 - Clara Bridge Slopes
Site 4 – Otis Avenue Pocket Park Cudahy Gateway Landmark THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this 6TH day of May 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and [INSERT CONTRACTOR NAME] (hereinafter, “CONTRACTOR”) (Contractor’s License No. [Number]). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires construction services for Cudahy Los Angeles River Area Improvements, Project - ABP-001 (Site 2 - Cudahy River Park, Site 3 - Clara Bridge Slopes, Site 4 – Otis Avenue Pocket Park Cudahy Gateway Landmark) (hereinafter, the “Project”); and
WHEREAS, CITY issued a solicitation for competitive bids for the Project on March 24, 2025 entitled “Cudahy Los Angeles River Area Improvements, Project - ABP-001 (Site 2 - Cudahy River Park, Site 3 - Clara Bridge Slopes, Site 4 – Otis Avenue Pocket Park Cudahy Gateway Landmark) ”; and
WHEREAS, following the opening of bids on [INSERT DATE OF OPENING BIDS], CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project; and
WHEREAS, CONTRACTOR is an organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise, and resources to perform the Work and other obligations encompassed by this Contract; and
WHEREAS, the Project is funded through the California Department of Transportation (“CALTRANS”) Clean California Local Grant Program (“CCLGP”), and authorized by the Restricted Grant Agreement (Agreement No. CCL-5369-015) between CITY and CALTRANS, CCLGP Guidelines, and the CITY’s CCLGP application (collectively, the “RGA”), attached hereto as Exhibit “E” and incorporated herein by this reference; and
Attachment A Page 178 of 568
2 WHEREAS, the award of this Contract to CONTRACTOR was approved by the Cudahy City Council (“City Council”) at its meeting of ______ , 2025 under Agenda Item No. ; and
WHEREAS, in light of the facts above and the certifications made by the CONTRACTOR as party of its Bid, the CITY desires to retain CONTRACTOR to perform the construction Work for the Project as set forth in this Contract and the Contract Documents, as hereinafter described.

NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein and for such other good and valuable consideration, CITY and CONTRACTOR agree as follows:

1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference.

2. THE CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

2.1. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. The Contract Documents are complementary; what is called for in one is binding as if called for in all, and together constitute CONTRACTOR’s performance obligations:
a. Permits from the CITY’s Building, Planning, and Public Works Departments and similar Governmental Approvals for the Work required by applicable law;
b. Change Orders and other Modifications issued and approved by the CITY; c. Contract and its attached Exhibits;
Exhibit “A” – CONTRACTOR’s Bid Proposal, dated April 23, 2025 Exhibit “B” – Insurance Certificates and Additional Insured Endorsements
Exhibit “C” – Worker’s Compensation Certificate of Insurance Exhibit “D” – Payment and Performance Bonds
Exhibit “E” – Restricted Grant Agreement No. CCL-5369-015 between CITY and CALTRANS
d. Bid Addenda issued by CITY;
e. Notice Inviting Bids and Instructions to Bidders;
f. CONTRACTOR’s Bid Proposal;
g. Special Provisions;
h. General Provisions;
i. Appendices to Bid Package;

3 j. Plans;
k. Bid Forms and attachments thereto;
l. Performance Bond;
m. Payment Bond;

2.2. In the event of any conflict between any of the Contract Documents, the document highest in order of precedent shall control.

3. WORK TO BE PERFORMED

3.1. In compliance with all terms and conditions of this Contract, the CONTRACTOR shall provide those services specified in the “Contract Documents” (as defined herein), which services may be referred to herein as the “Services,” “Project,” or “Work” hereunder. As a material inducement to the CITY entering into this Contract, CONTRACTOR represents and warrants that Contractor is a provider of first class work and services and CONTRACTOR is experienced in performing the work and services contemplated herein and, in light of such status and experience, CONTRACTOR covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, CONTRACTOR represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable federal, state, and local accessibility requirements and warrants that all Work performed under this contract will comply with all applicable accessibility requirements.

3.2. The CONTRACTOR shall have responsible charge and care of the Work and agrees to furnish all supervision, design, deliverables, labor, materials, tools, furnishings, equipment, apparatus, services, facilities, transportation, and ancillary tasks, whether specifically defined or not, necessary to perform and complete the Project defined by the Contract Documents in a good and workmanlike manner. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and the Work performed and completed, as required in the Contract Documents under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY (as authority having jurisdiction), any representative of the CITY (as owner of the project), and any other authority having jurisdiction over some portion of the Work. The CITY hereby designates as its representative for the purpose of this Contract the following named person: [Raul Diaz, Public Works Director].

3.3. This Contract may be modified or amended only be written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

3.4. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits

4 and approvals as may be required by law for the performance of the services required by this Contract. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the services required by this Contract. The Contractor will also be required to possess a City of Cudahy business license at the time of Contract award. By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (contractor registration).

3.5. CONTRACTOR shall adopt reasonable methods during the life of the Contract to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by CITY, except such losses or damages as may be caused by CITY's own negligence.

3.6. CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractor’s license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this PROJECT.

3.7. CONTRACTOR will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

4. CONTRACT PRICE

4.1 Subject to the terms and conditions set forth in the Contract Documents, CITY agrees to pay, and the CONTRACTOR agrees to accept, in full payment for all work contemplated under the Contract Documents THREE MILLION SEVEN HUNDRED NINTY-THREE THOUSAND TWO HUNDRED NINTY–
THREE ($3,793,293), (the “Contract Price”).

4.2 Procedures related to payment and retention are set forth in the General Provisions.

5. NOTICE TO PROCEED AND TIME FOR COMPLETION

5 5.1 A written Notice to Proceed issued by CITY must be received by CONTRACTOR before CONTRACTOR may mobilize or commence any Work on the site. CONTRACTOR shall commence its performance of the Work contemplated under this Contract no later than the date specified in the Notice to Proceed. CONTRACTOR shall complete the total project within 160 working days, after the date stated in the Notice to Proceed.

5.2 The date of commencement of the Project shall be established in a written Notice to Proceed issued by the CITY. The CITY will not issue a Notice to Proceed to the CONTRACTOR until this Contract, bonds and insurance documents as required by this Contract have been executed by all Parties and approved by the CITY.

5.3 The Contract term begins on the Effective Date and shall remain in full force and effect until all Work is completed pursuant to the Contract Documents, the CITY has accepted all Work, and the Contract term has ended, unless the Contract has been otherwise terminated.

5.4 Time is of the essence n the performance of this Contract.

6. NOTICE AND SERVICE THEREOF

6.1 Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the Party giving such notice or by a duly authorized representative of such Party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
a. If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

City of Cudahy
Public Works Department
Attn: Raul Diaz
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143
b. If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

6 Simgel Co. Inc.

Attn: Emannuel Sasoones
2035 Westwood Blvd, Suite 212,
Los Angeles, CA 90025
Phone: (310) 430-2681

7. LIQUIDATED DAMAGES
If CONTRACTOR fails to complete the Work in the Contract term, the CITY will assess liquidated damages in the sum of $1,000 for each and every calendar day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due to to become due to CONTRACTOR under this Contract.

8. CLAIMS AND DISPUTES

8.1 CONTRACTOR shall comply with the Claims Procedure set forth in Public Contract Code Section 9204.

8.2 CONTRACTOR further acknowledges that notwithstanding CONTRACTOR’s compliance with the Claims Procedures set forth herein, CONTRACTOR must also comply with the Claims Procedures set forth in the Government Claims Act (Government Code § 900 et seq.) prior to filing a lawsuit against the CITY for any such claim. Failure to submit a claim or comply with the claims requirements contained herein shall bar CONTRACTOR from bringing and maintaining a valid lawsuit against the CITY.

9. DEFAULT, CURE, AND TERMINATION

9.1. Except as otherwise set for the in this Contract, in the event either Party fails to perform its obligations hereunder, the Non-Defaulting Party (“Non-Defaulting Party”) shall provide the defaulting party (“Defaulting Party”) written notice of such default. The Defaulting Party shall have ten (10) days to cure the default; provided that, if the default cannot reasonably be cured within said ten (10) day period, the Defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the Defaulting Party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate risk to the health, safety and general welfare, the Defaulting Party shall take such immediate action as may be necessary to mitigate the risk. Notwithstanding the foregoing, the Non-Defaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the Defaulting Party fail to cure the default within the time period provided in this Article, the Non-Defaulting Party shall have the right, in addition to any other rights the Non-Defaulting Party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Article 9 shall be a condition precedent to bringing any legal action, and such compliance shall not be a

7 waiver of any Party's right to take legal action in the event that the default is not cured.

9.2. If termination is due to the failure of the CONTRACTOR to fulfill its obligations under this Contract, CONTRACTOR shall vacate any CITY owned property which CONTRACTOR is permitted to occupy hereunder and CITY may, after compliance with the provisions of this Article 9, take over the work and prosecute the Project to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the CITY shall use reasonable efforts to mitigate such damages), and CITY may withhold any payments to the CONTRACTOR for the purpose of setoff or partial payment of the amounts owed the CITY as previously stated.

9.3. The time period(s) specified in the Contract Documents for performance of the Project pursuant to this Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the CITY in writing of the causes for the delay. The CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY such delay is justified. The CITY’s determination shall be final and conclusive upon the Parties to this Contract.

9.4. In accordance with [Section 6-7 of the General Specifications], CITY, in its sole and absolute discretion, may terminate the Contract for convenience and discontinue the Project at any time prior to the completion of the Project or if the Project is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority. Upon service of such notice of termination, the CONTRACTOR shall discontinue the Project in such manner, sequence, and at such times as described in the Administrative Specifications. The CONTRACTOR shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Project thus dispensed with, nor any other actually performed up to the time of discontinuance, including any extra work ordered by CITY to be done, nor for any claim for liquidated damages.

9.5. No delay or omission in the exercise of any right or remedy by a Non-Defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party’s consent to or approval of any act by the other Party requiring the Party’s consent or approval shall not be deemed to waive or render unnecessary the other Party’s consent to or approval of any subsequent act.

8 Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

9.6. The provisions of this Article shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10.PREVAILING WAGE

10.1. This Contract and Project are subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) under Labor Code section 1771.4. Pursuant to Labor Code Section 1725.5, no contractor or subcontract may be listed on a bid proposal for a public works project or may be awarded a contract for a public works project unless registered with the Department of Industrial Relations. By entering this Contract, CONTRACTOR certifies that neither CONTRACTOR, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering this Contract, or performing the Work.

Further, CONTRACTOR certifies that CONTRACTOR and all subcontractors are aware that registration is required, are currently registered with the DIR, and agree to maintain current registration for the duration of the Project.

CONTRACTOR shall include the requirements under Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered with the DIR at the time this Contract is entered and to maintain such registration for the duration of the Project.

10.2. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

10.3. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§1771, 1811, and 1815 for any Work performed by its employees on the Project.

9 10.4. certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

10.5. State prevailing wages for public works projects 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 County of Los Angeles. Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be made available upon request from the City Engineer’s Office. The Director’s determination of prevailing rates is on file with the CITY and are available on-line at:
www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The duty to pay the correct wage is the responsibility of the CONTRACTOR.

10.6. CONTRACTOR must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2). The Contractor shall post WH-1321 ENGLISH and WH-1321 SPANISH at the work site.

10.7. CONTRACTOR and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. CONTRACTOR shall be responsible for using the correct and current prevailing wage rates.

CONTRACTOR shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the CONTRACTOR from the responsibility for payment of the correct prevailing wage.

10.8. Upon notice of noncompliance with Labor Code § 1776, CONTRACTOR or Subcontractor has ten (10) Calendar Days in which to comply with the requirements of this Section. If CONTRACTOR or Subcontractor fails to do so within the ten (10) Calendar Day period, CONTRACTOR or Subcontractor will forfeit a penalty of one hundred dollars ($100.00) per Calendar Day, or portion of a Calendar Day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to CONTRACTOR.

10.9. The statutory penalties for failure to pay prevailing wage or to comply with State

10 wage and hour laws will be enforced as follows:
a. Pursuant to Labor Code section 1775, the CONTRACTOR and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the CONTRACTOR.
b. The CONTRACTOR or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, CONTRACTOR must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when
CONTRACTOR does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

11.METHOD OF PAYMENT

11.1 CITY will pay CONTRACTOR ninety-five percent (95%) of the amount of each progress estimate within sixty (60) CITY business days after receipt of an undisputed and properly submitted progress estimate from the CONTRACTOR, unless the CITY has made a finding pre-bid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the CITY fails to pay an undisputed progress estimate within the allotted sixty (60) CITY business days, CITY shall pay interest to the CONTRACTOR equivalent to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and acceptance of all work under the Contract.

11.2 Pursuant to section 20104.50 of the Public Contract Code, if CITY fails to make any progress payment within thirty (30) days after the receipt of an undisputed and properly submitted payment request from CONTRACTOR, CITY shall pay interest to CONTRACTOR equivalent to the legal rate set forth in section 685.010(a) of the Code of Civil Procedure.

12.WORKER’ COMPENSATION CERTIFICATION

11 Pursuant to Labor Code § 1861, by signing this Contract, CONTRACTOR certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

13.INSURANCE

13.1 Prior to commencing work on 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, except that the limits of liability and deductibles shall be in amounts determined by the CONTRACTOR, based on the degree of hazardous exposure according to the services performed by each Subcontractor and the size of each subcontract. 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 or to procure insurance coverage to satisfy the requirements.

13.2 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, and a Two Million Dollars ($2,000,000) 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.

13.3 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 Contract, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.

13.4 CONTRACTOR shall ensure that any professional engineer retained on its behalf to provide supplemental plans and engineering calculations required in conjunction with the Project, maintains professional liability insurance during the entire term of this Contract. Such insurance shall be in the minimum amount of One Million Dollars ($1,000,000) to protect CITY from claims resulting from the engineer(s) activities. This minimum amount of coverage shall not constitute any limitation or cap on CONTRACTOR’s indemnification obligations set forth herein.

12 13.5 CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein prior to the execution of this Contract. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance of Work under this Contract. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same. Each certificate and endorsement shall be signed by a person authorized by the insurer to bind coverage on its behalf.

13.6 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.

13.7 General liability, automobile liability, and umbrella/excess liability insurance 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.

13.8 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, CONTRACTOR shall immediately notify CITY and cease all performance under this Contract until further directed by the CITY. In the absence of satisfactory insurance coverage, CITY may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against CONTRACTOR by way of set-off or recoupment from sums due CONTRACTOR; (b) immediately terminate or suspend CONTRACTOR’s performance of the Contract; (c) pay CONTRACTOR’s premiums for renewal of CONTRACTOR’s coverage; or (d) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from CONTRACTOR, by way of set-off or recoupment from any sums due CONTRACTOR. Upon demand, CONTRACTOR shall repay CITY for all sums that CITY paid to obtain, renew, reinstate or replace the insurance, or CITY may offset the cost against any monies that the CITY may owe CONTRACTOR.

14.INDEMNIFICATION

14.1 CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, officials, employees, agents, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, allegations, actions, suits, arbitrations, administrative proceedings, regulatory

13 proceedings, or other legal proceedings, causes of action, demands, costs, judgments, liens, stop notices, penalties, damages, losses, anticipated losses of revenue, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees, accountants’ fees, investigation expenses, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties as determined by a court of competent jurisdiction (“Indemnity Claims”).

This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, its officers, agents, employees, or subcontractors, or any agency or individual that CONTRACTOR shall bear the legal liability thereof.

14.2 CONTRACTOR agrees, at its sole cost and expenses, to promptly defend Indemnified Parties from all Indemnity Claims. The duty of the CONTRACTOR to indemnify and hold harmless the Indemnified Parties includes the separate and independent duty to defend the Indemnified Parties, which duty arises immediately upon receipt by CONTRACTOR or Indemnified Parties of the tender of any Indemnity Claim. The CONTRACTOR’s obligation to defend the Indemnified Parties shall be at CONTRACTOR’s sole expense, and not be excused because of CONTRACTOR’s inability to evaluate liability or because the CONTRACTOR evaluates liability and determines that the CONTRACTOR is not liable. This duty to defend shall apply whether an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnified Parties were actively, passively or concurrently negligent, or which otherwise assert that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. CONTRACTOR agrees to provide this defense immediately upon written notice from the CITY, and with well qualified, adequately insured and experienced legal counsel acceptable to the CITY.

Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful act, omission or performance.

14.3 In addition to the foregoing requirements, CONTRACTOR shall ensure, by written subcontract Contract, that each of CONTRACTOR’s subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnified

14 Parties with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which CONTRACTOR is required to protect, defend, indemnify and hold the Indemnified Parties harmless. In the event CONTRACTOR fails to obtain such defense and indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible to the Indemnified Parties according to the terms of this Article.

14.4 CONTRACTOR’s obligations under this Article are in addition to any other rights or remedies which the Indemnified Parties may have under the law or under the Contract Documents. CONTRACTOR’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in the Contract and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions.

14.5 The Parties expressly understand and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and shall survive completion of the Project or termination of this Contract.

15.BOOKS AND RECORDS; AUDIT

15.1 Upon request by the Project Manager, CONTRACTOR shall prepare and submit reports concerning CONTRACTOR’s performance of the Work required by this Contract.

15.2 CONTRACTOR, subcontractors, and subconsultants shall adhere to RGA No.

CCL-5369-015 Section 23 (Retention of Records/Audits), which requires, among other things, CONTRACTOR to:
a. Comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. Establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line.
c. Conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. d. Maintain all account records and other supporting papers for a minimum of three (3) years from the date of final payment and hold the same open to inspection, copying, and audit by representatives of CALTRANS and CITY.

15 This includes access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and CONTRACTOR shall furnish copies thereof if requested.

15.3 In addition to the above, CONTRACTOR, subcontractors, and subconsultants shall permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by CITY or the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with the RGA.

15.4 The CITY and/or its authorized auditors or representatives, (including the California State Auditor if so requested by the CITY pursuant to Government Code Section 8546.7) shall have access to and the right to examine, audit, excerpt, transcribe, and reproduce any of the CONTRACTOR’s records for a period of at least three (3) years after termination of the Contract and/or final payment pursuant to this Contract. Such records include without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statements, bank statements, invoices, receipts, subcontracts, Contracts, notes, correspondence, memoranda, and any documents generated and received in CONTRACTOR’s performance of this Contract. Upon written notice by the CITY, CONTRACTOR shall promptly make all such records available to CITY and/or its authorized auditors or representatives and cooperate with the CITY and its authorized auditors or representatives in examining, auditing, excerpting, transcribing and reproducing the records.

15.5 Any contract with a subcontractor or subconsultant shall contain the provisions of this Article 15.

15.6 The obligations under this Article 15 to keep records and make such records available for inspection shall survive completion of the Project or termination of this Contract for a period of at least three (3) years following the termination of this Contract or final payment made to the CONTRACTOR pursuant to this Contract.

16.PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.

17.THIRD PARTY CLAIMS

16 The CITY shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The CITY shall timely notify the CONTRACTOR of the receipt of any third-party claim relating to the Project. The CITY shall be entitled to recover its reasonable costs incurred in providing this notice. The CONTRACTOR shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the CONTRACTOR to do so shall be deemed a breach of the Contract, and the CITY will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the CONTRACTOR receives any third-party claim relating to this Project, the CONTRACTOR shall provide written notice thereof and a copy of the claim to the CITY Attorney.

18.CONFLICTS OF INTEREST
The CONTRACTOR shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the CONTRACTOR “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the CITY on any matter in connection with which the CONTRACTOR has been retained pursuant to the Contract Documents. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Contract.

19.NONDISCRIMINATORY EMPLOYMENT

19.1 During the performance of this Contract, CONTRACTOR, subconsultants, and subcontractors shall not deny the Contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONTRACTOR shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

19.2 CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article.

19.3 CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours'

17 notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.

19.4 CONTRACTOR, subconsultants, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other contract.

19.5 CONTRACTOR shall include the nondiscrimination and compliance provisions of this Article 19 in all contracts with its subconsultants and subcontractors, and shall include a requirement in all contracts with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform Work under this Contract.

20.DRUG-FREE WORKPLACE
By signing this Contract, CONTRACTOR hereby certifies under pendalty of perjury under the law of California that CONTRACTOR will comply with the requirements of the DrugFree Workplace Act of 1990 (California Government Code Sections 8350 et seq.) and will provide a Drug-Free Workplace.

21.SUBSURFACE HAZARDOUS MATERIAL

21.1 In the event trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:
a. Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law;
b. Subsurface or latent physical conditions at the site differing from those indicated; or
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Contract.

21.2 Upon receipt of said notification, CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the Project, the CITY will issue a change order under the procedures described in this Contract. The CITY’s decision shall be final.

18 22.MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

23.ENTIRE CONTRACT

23.1 This Contract supersedes any and all prior or contemporaneous contracts, either oral or written, between the CITY and CONTRACTOR with respect to the subject matter of this Contract.

23.2 The Contract Documents contain all of the covenants and contracts between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or contracts have been made by or on behalf of any Party, except those covenants and contracts in this Contract and the Contract Documents incorporated herein.

23.3 No contract, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

24.AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25.REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents.

Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

26.INDEPENDENT CONTRACTOR
Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its subcontractors, agents or employees, performs

19 the services required herein, except as otherwise set forth herein. The CITY shall have no voice in the selection, discharge, supervision or control of CONTRACTOR’s employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONTRACTOR shall perform all services required herein as an independent contractor of the CITY and shall remain at all times as to the CITY a wholly independent contractor with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venture or a member of any joint enterprise with CONTRACTOR.

27.PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Contract.

Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void.

No approved transfer shall release the CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of CITY.

28.SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by CONTRACTOR without the concurrence of the surety and express written consent of the CITY.

29.UNFAIR BUSINESS PRACTICES CLAIMS
In entering into this Contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and professions Code), arising from purchases of goods, services or materials pursuant to this Contract. This assignment shall be made pursuant to Public Contract Code Section 7103.5 and become effective at the time CITY renders final payment to CONTRACTOR without further acknowledgment by the Parties.

20 30.COUNTERPARTS
This Contract may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

31.AUTHORITY
The individuals executing this Contract and the instruments referenced herein on behalf of CONTRACTOR each represent and warrant that they have the legal power, right and actual authority to bind CONTRACTOR to the terms and conditions hereof and thereof.

32.SEVERABILITY
In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Contract is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Contract and shall not affect any other provision, term, condition, covenant and/or restriction of this Contract and the remainder of the Contract shall continue in full force and effect.

33.GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

34.VENUE
Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Contract shall be tried in the Superior Court in Los Angeles County, State of California.

35.CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
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21 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed the day and year first appearing in this Contract, above.

CITY OF CUDAHY:

By:__________________________
Alfanso Noyola, ICMA-CM
City Manager
Date:________________________
SIMGEL CO. INC.:

By:____________________________
Emannuel Sasoones, President
Date:__________________________
ATTEST:

By: ________________________
Richard Iglesias, CMC
City Clerk

Date: _______________________
APPROVED AS TO FORM:

By:__________________________
Stephanie Arechiga
City Attorney
Date:________________________

22 Exhibit “A”
Simgel Co. Inc. Bid Proposal, dated April 23, 2025

23 Exhibit “B”
Insurance Certificates and Additional Insured Endorsements

24 Exhibit “C”
Worker’s Compensation Certificate of Insurance

25 Exhibit “D”
Payment and Performance Bonds

26 Exhibit “E”
Restricted Grant Agreement No. CCL-5369-015 between CITY and

CALTRANS

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Cudahy, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the Cudahy Los Angeles River Area Improvement Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) and the parties agree that AGENCY must satisfy all of the requirements of California Streets and Highways Code section 94.41(e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231
$1,218,576.00
$3,655,728.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Project Costs $4,874,304.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Aaron Hernandez-Torres, (323) 773-5143. b. CALTRANS’ Contract Manager is Tammi Altamirano, (213) 366-2601. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Cudahy
Attention: Aaron Hernandez-Torres, Public Works Director Phone Number: (323) 773-5143
Email: [email protected]
Address: 5220 Santa Ana St. Cudahy, CA 90201
Jennie Yee 05/09/2022 $4,874,304.00

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

California Department of Transportation
District 7, Division of Planning
Attention: Tammi Altamirano, Staff Services Analyst
Phone Number: (213) 366-2601
Email: [email protected]
Address: 100 S. Main St. Los Angeles, CA 90012

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $4,874,304.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

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Agreement Number CCL- 5369-015
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1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this

City of Cudahy
Agreement Number CCL- 5369-015
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RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.

City of Cudahy
Agreement Number CCL- 5369-015
AMS ADV ID: 0722000295

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Clean California Local Grant Program
Program Guidelines
Contents
Clean California Local Grant Program Overview ..................................................... 3 Background ............................................................................................................... 3 Budget........................................................................................................................ 3 Goals........................................................................................................................... 3 Schedule .................................................................................................................... 4 Eligibility.......................................................................................................................... 4 Eligible Applicants ..................................................................................................... 4 Eligible Project Types................................................................................................. 4 Example Projects.................................................................................................... 5 Eligible Project Area .................................................................................................. 5 Eligible Activities and Expenses................................................................................ 6 Ineligible Activities and Expenses ............................................................................ 7 Selection Criteria........................................................................................................... 7 Underserved Communities....................................................................................... 8 Other Selection Considerations ............................................................................. 10 Local Match Requirement......................................................................................... 10 Calculating SOD of the Community Surrounding the Project and Local Match Requirement ............................................................................................................ 11 Local Match Sources .............................................................................................. 14 Payment Process......................................................................................................... 14 Advance Payment Process.................................................................................... 15 Conditions............................................................................................................. 16 Additional Conditions.......................................................................................... 16 Advance Payment Requests.............................................................................. 18 Project Application Process....................................................................................... 18 Conflict of Interest ................................................................................................... 19 Scoring Criteria ........................................................................................................ 19 1

1. Narrative...................................................................................................... 20

2. Project’s Population Benefit (PB) to Overall Community........................ 22

3. Project’s Relative PB to Underserved Communities................................ 23

4. Demonstrated Community Need............................................................. 23

5. Project’s Outcomes Assessment ............................................................... 24

6. Scope, Cost, and Schedule ...................................................................... 24 Appendix A.0. Example Calculations to Determine Required Local Match for a Appendix A.2. Definition of the Project’s Relative Population Benefit (PB) Appendix A.3. Forms for Calculating Population Benefit (PB) (Overall) and Appendix A.4. Example PB (Overall) and Relative PB (Underserved Communities) Other Attachments.............................................................................................. 24 Project Award Process................................................................................................ 24 Grant Agreement Processing .................................................................................... 25 Grant Project Administrative Requirements............................................................. 25 Sub-contracts .......................................................................................................... 25 Financial Requirements .......................................................................................... 25 Accounting Requirements.................................................................................. 25 Audits and Investigations .................................................................................... 26 Reporting.................................................................................................................. 26 Project Photos.......................................................................................................... 26 Project Amendments .............................................................................................. 27 Program Evaluation .................................................................................................... 27 Fictitious Project........................................................................................................... 28 Appendix A.1. Definition of the Project’s Population Benefit (Overall) ................. 32 (Underserved Communities)...................................................................................... 33 Relative PB (Underserved Community) .................................................................... 34 Calculations Performed for a Fictitious Project........................................................ 42 Appendix B1. Demonstrated Community Need Assessment Form ....................... 49 Appendix B2. Project’s Outcomes Assessment Form .............................................. 55 Appendix B3. Example of Forms B1 and B2 Completed for a Fictitious Project ... 61 2

Clean California Local Grant Program Overview
Background
The Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Assembly Bill 149 (Sec.16) created the CCLGP of 2021 and was codified under Streets and Highway Code §91.41 et al. The Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed California Department of Transportation (Caltrans) and its partners. Other parts of the Clean California initiative include litter abatement efforts, state beautification and safety projects, and public education campaigns. Significant investments in time and resources are needed to collect, recycle, and dispose of litter and hazardous waste.

These guidelines describe the policies, criteria, and procedures for the development, adoption, and management of the CCLGP. The guidelines were developed in consultation with representatives from Caltrans and through public workshops that included participation from local government agencies, transit agencies, and tribal governments, among other stakeholders.

Budget
The program is funded by $296 million dollars in fiscal year 2021/22 General Fund money. All projects must be completed and all funds must be expended by June 30, 2024.

Each grant award shall not exceed five million dollars ($5,000,000). There is no minimum award.

Goals
Pursuant to statute, the intent of the CCLGP is to achieve the following goals:
(1) Reduce the amount of waste and debris within public rights -of -way, pathways, parks, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect. (3) Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities.
3

Schedule
The following schedule lists the major milestones for the CCLGP. Visit https://cleancalifornia.dot.ca.gov/local-grants for the most up-to-date information, including the forthcoming final dates for application workshops #4 and #5. Also note that no action is needed from applicants at the Call for Projects Announcement. On this day, final program documents will be released for applicants to view.

Grant Program Timeline
Milestone Date
Public Workshop #1 September 1, 2021
Public Workshop #2 October 7, 2021
Application Workshop #3 November 18, 2021
Call for Projects Announcement December 1, 2021
Application Workshop #4 Mid-December 2021
Application Workshop #5 Mid-January 2022
Project Application Deadline February 1, 2022
Project Award Notification March 1, 2022
Date by when projects must be
completed and all funds expended. If
the project involves infrastructure
components, all components must be
opened to the public and all funds
expended by this date.

June 30, 2024
Date by when final invoicing and
project closeout must be complete. December 31, 2024
Eligibility
Eligible Applicants
The applicant must be a local or regional public agency, transit agency, or federally recognized tribal government. Nonprofit organizations may partner with eligible applicants, as sub-applicants.

Eligible Project Types
Eligible projects meet the goals of the CCLGP and may include, but not be limited to:
• Infrastructure related community litter abatement and beautification projects.
• Non-infrastructure related community litter abatement events and/or educational programs.
4

Example Projects
• Beautification and placemaking of existing public spaces, including but not limited to:
o Community park space/public space.
o Transit centers.
o Park-and-ride facilities.
o Viaducts, underpasses, or overpasses.
• Educational campaigns or community events about litter abatement, proper waste disposal or how to get involved with doing sanctioned artwork in a community.
• A combination of project types, including beautification and educational projects.

Eligible Project Area
The location of the projects within the CCLGP are determined by the applicant.

It is recommended that projects are accessible by a multimodal transportation network. Eligible project locations may include projects located on local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces.

Projects that encroach on Caltrans right-of-way are allowed; however, the applicant must demonstrate that all necessary right-of-way clearances, encroachment permits, and other permits can be obtained, and the project completed, by June 30, 2024. For more information on Caltrans Encroachment Permits, including contact information for local District Encroachment Permit Offices, see https://dot.ca.gov/programs/traffic-operations/ep.

Art projects on Caltrans right-of-way also need to complete and abide by the Caltrans’ Transportation Art Process. This includes:
• Separate approval by the Caltrans Transportation Art program. • Artwork ownership, including copyrights, assigned to Caltrans, with rights licensed back to the artist.
• Waiver of moral rights (California Civil Code § 987). • Adhering to Transportation Art content restrictions.
• Maintenance plan/funding (i.e. graffiti abatement).

See Caltrans’ Transportation Art Guidelines for Local Agencies and the Transportation Art Proposal for details. Gateway Monuments and Community Identification projects on Caltrans right-of-way entail separate processes and requirements.
5

Eligible Activities and Expenses
Eligible activities must meet CCLGP goals. Examples of eligible features within the project area include:
• Enhanced paving to address the needs of the space, using permeable pavements where possible.
• Pavement alternatives, such as wood chips.
• Inert material, such as rubberized pavement.
• Shade structures.
• Shade trees or drought-tolerant plantings.
• Irrigation systems.
• Bioretention, swales, and other green street elements. • Architectural fencing.
• Art installations, including community identification or cultural elements.

An art installation should:
o Be appropriate and safe to its proposed setting.
o Be in proper scale with its surroundings.
o Be composed of materials that are durable for the projected lifespan.
o Include graphics or sculptural artwork that express unique attributes of an area’s history, resources, or character.
o Not display symbols or icons, including but not limited to, logos or political and commercial symbols. Sponsor recognition should be unobtrusive, discreet, and not appear to be an integral part of the artwork.
o Not display text.
o Be designed to minimize ongoing maintenance needs.
• Gateway Monuments and Community Identification projects. If these are on Caltrans right-of-way, they have different requirements than art installations.
• Human-scale, energy-conserving lighting.
• Walking and/or biking facilities through the space.
• Wayfinding signage.
• Amenities related to proper waste collection or prevention (e.g., signage, bins, etc.).
6

• Seating and play equipment.
• Public bathrooms and water fountains.
• Travel Expenses: Grant recipients may be eligible to claim travel expenses if they have been approved in the scope, cost, and schedule included in the grant agreement. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-represented employees). For more information on eligible travel expenses, visit the Caltrans Travel Guide Website.

Ineligible Activities and Expenses
Some activities or project components are not eligible for reimbursement under this grant program. If an application has any of the following elements and is seeking reimbursement for any of them, it will be disqualified.

Ineligible activities and expenses include:
• Displacing people experiencing homelessness.
• Acquisition of rights-of-way or land.
• Work performed prior to or after the execution of the grant agreement. • Acquisition of vehicles or shuttle programs.
• Other items unrelated to the project or CCLGP goals.
• Maintenance of a project improvement for this grant agreement is not a reimbursable expense (however it can be an in-kind contribution if it occurs prior to June 30, 2024).
• Other activities that extend beyond June 30, 2024.

Selection Criteria
Selection criteria focuses on demonstrated benefits and needs including, but not limited to:
• Demonstrated need of the applicant and ability to achieve the program’s goals.
• Demonstrated enhancement and beautification of a public space(s), including improved access to the space.
• Enhanced greening to provide shade, reduce the urban heat island effect, and use native, drought-tolerant plants.
• Abatement of litter and debris to improve access and use of public space(s).
• Public engagement that reflects community priorities and is consistent with local or regional plans such as General Plans, Improvement Plans, 7

bicycle and/or pedestrian plans, and complete street plans. The project should also align with the public outreach that occurred during the preparation of these plans.
• Identification of the population benefit, including to underserved communities. Projects that demonstrate a benefit to an underserved community, either directly or indirectly, will be more competitive. For these projects, applicants must explain which underserved community is benefited, how the project benefits that community, and the percentage of the work and budget that benefits that community.
• Project deliverability, in which projects are open to public and/or all funds are expended by June 30, 2024.

Underserved Communities
No less than 50 percent of the CCLGP funds are to fund projects that benefit underserved communities. An eligible project should clearly demonstrate a benefit to an underserved community or be directly located in an underserved community.

The definition for these communities may include disadvantaged and lowincome communities, as defined in Sections 39711 and 39713 of the California Health and Safety Code, or another metric with verifiable information that identifies underserved communities. To qualify, the community served by the project must meet at least one of the following criteria:
• Option 1. Area Median Income: Is less than 80% of the statewide median based on the most current Census Tract level data from the 2019 American Community Survey 5-Year Estimates (<$60,188). Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level. Data is available at the United States Census Bureau Website. • Option 2. CalEnviroScreen: An area identified as among the most disadvantaged 25% in the state according to the CalEPA and based on the California Communities Environmental Health Screening Tool 3.0 (CalEnviroScreen 3.01) scores. Score must be greater than or equal to

39.34. Do not mistake “percentile” for “score”. The mapping tool can be found here and the list can be found under “Background: SB 535 Identification of Disadvantaged Communities (2017).”
1 During the development of these guidelines, the final CalEnviroScreen 4.0 was released. Since the SB 535 List of Disadvantaged Communities based on CalEnviroScreen 4.0 is in draft at time of writing, applicants should use CalEnviroScreen 3.0 rather than 4.0. 8

• Option 3. National School Lunch Program: Based on pre-pandemic data2, at least 75% of public-school students in the project area are eligible to receive free or reduced-price meals (FRPM) under the National School Lunch Program. Data is available at the California Department of Education website. Note that if an applicant uses this option, it must be explained in the Project Narrative how students will benefit from the project.
• Option 4. Healthy Places Index: The Healthy Places Index includes a composite score for each census tract in the State. The higher the score, the healthier the community conditions, based on 25 community characteristics. The scores are then converted to a percentile to compare a census tract to other tracts in the State. A census tract must be in the 25th percentile or less to qualify as a disadvantaged community. The live map and direct data can both be found on the California Healthy Places Index website.
• Option 5. Native American Tribal Lands: The project is located within or partially within:
o Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or Rancheria),
o Lands owned by or held in trust for an Indian tribe,
o Allotted lands, and/or
o Sensitive tribal areas (which might include areas in which a Native American Tribe has a significant interest, such as traditional cultural properties and sacred sites).
• Other: If the project will benefit an underserved community, but the project does not meet any of the criteria above, other means of qualifying may be submitted with the application for consideration as Attachment J in Section 3.1 of the application, “ATTACHMENTS”.

Suggested alternative assessment methods that can be submitted under this category include:
o Census data that represents a small neighborhood or
unincorporated area. Submit a quantitative assessment, such as a survey, to demonstrate that the community’s median household income is at or below 80% of the state median household income. 2 During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used.
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o CalEnviroScreen data that represents a small neighborhood or unincorporated area. Submit an assessment to demonstrate that the community’s CalEnviroScreen score is at or above 39.34. o A regional definition such as “environmental justice communities” or “communities of concern,” which must be stratified based on severity. It must also be based on a robust public outreach process that includes community stakeholder input. A regional definition of underserved communities must be used for the region’s broader planning purposes. It must be adopted as part of a regular 4-year cycle adoption of a Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS) by a Metropolitan Planning
Organization (MPO) or Regional Transportation Planning Agency (RTPA), per obligations with Title VI of the Federal Civil Rights Act of 1964.

If you chose to define a community as underserved using a criterion other than one of the 5 options listed above, you must submit your criterion and justification for consideration as Attachment J in the application.

Other Selection Considerations
The State may consider additional factors in its selection decisions. These include, but are not limited to, the geographic distribution of awards, willingness to accept partial funding, and quality of the maintenance plan (which is not required for educational programs). The State may also consider the responsiveness and responsibility of the applicant, based on data such as previous performance on other grant programs.

Local Match Requirement
Required local match is the minimum percentage of the project’s funding the applicant commits to provide as a condition of accepting a program grant.

The required local match will range from 0% (i.e., no local match required) to 50%. The percentage is determined based on the “severity of disadvantage” (SOD) of the community surrounding the project. The community surrounding the project is defined as all census tracts within a ¼ mile radius of the project site (or sites, if there are multiple locations.) The required local match will decrease as the SOD of the surrounding community increases. The SOD of the surrounding community is defined below and the relationship of the SOD to percent required local match can be found in Table 2, Severity of Disadvantage and Corresponding Local Match Requirement. Tribal Communities that qualify per Option 5 on Table 2 require zero local match.

Applicants will be held responsible for any local commitments at or above their minimum local match requirement as part of their grant agreement with Caltrans.
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Calculating SOD of the Community Surrounding the Project and Local Match Requirement
How to calculate the SOD and the local match percentage is described below.

The calculation forms must be submitted with the application as part of Attachment I.

SOD of
surrounding = Weighted average of the SODs of the surrounding census tracts. community
= Sum [(Pop. CT 1 x metric score CT 1) + (Pop. CT 2 x metric score CT 2) + (Pop. CT N x metric score CT N…)] Sum(Pop. CT 1 + Pop. CT 2 + Pop. of CT N…)
Where:
• Pop. CT = Population of a census tract within a ¼ mile radius of the project site or sites. • Metric Score = The underserved community score of a census tract is determined using one of the allowable 5 options listed in Table 2 of the guidelines.

When calculating SOD, the metric score of all census tracts must be determined using the same option. The 5 options are detailed above in the section “Underserved Communities”. If the community surrounding the project is considered underserved using multiple options, choose the option that best supports the community’s status as underserved.
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Table 1. SOD of Community Surrounding the Project Site(s) List the Option Used to Determine SOD:
(For definitions of each of the 5 options, see the
section “Underserved Communities”.)
Location Relative to
Project Site(s)
(1)
Census Tract
Number
(2)
Census Tract
Population
(3)
Metric Score of
Census Tract
using the
chosen option
listed above.
(4)
SOD of
Tract
(3) x (4)
(5)
1 Project Site A
2 Within a ¼
mile radius.
3 Within a ¼
mile radius.
4 Within a ¼
mile radius.
5 Project Site B
6 Within a ¼
mile radius.
7 Within a ¼
mile radius.
8 Within a ¼
mile radius.

TOTALS
SOD of Community Surrounding the Total of Column 5
= = Project Total of Column 3
An example of a completed Table 1 is in Appendix A.0.

Determine Required Local Match
Use the SOD of the community surrounding the project calculated above, and Table 2 below, to determine the required local match for your project. 12

Table 2. Severity of Disadvantage and Corresponding Local Match Requirement SOD Criteria Ranges for SOD of Community
Surrounding the Project
Required Local Match
%
Option 1: Area Median Income (AMI) compared to Statewide Median Income (SMI)* Data: Census Tract Level Data from the 2019 American Community Survey 5-year (ACS5) Estimates
If the AMI SOD of the
surrounding
community is…
> $60,188
Then local
match is…
50 $56,426 to $60,188 37.5
$52,665 to $56,425 25
$48,903 to $52,664 12.5
< $48,903 0
Option 2: CalEnviroScreen 3.0 Score (not percentile)
Data: CalEnviroScreen 3.0 Results (June 2018 Update)
If the CalEnviroScreen

3.0 SOD of the
surrounding
community is…
< 39
Then local
match is…
50 39 to 42 37.5
43 to 46 25
47 to 50 12.5
> 50 0
Option 3: Percentage of Students that Receive Free or Reduced Lunches** Data: California Department of Education website
If the Free Lunch SOD
of the surrounding
community is…
< 75
Then local
match is …
50 75 to 79 37.5
80 to 84 25
85 to 90 12.5
> 90 0
Option 4: Healthy Places Index (HPI) Score (use overall HPI score only) Data: California Healthy Places Index website
If the HPI SOD of the
surrounding
community is…
> 25
Then local
match is…
50 21 to 25 37.5
16 to 20 25
10 to 15 12.5
< 10 0
Option 5: Tribal Communities
Data: List of Federally Recognized Tribal Governments in California If the project applicant or sub-applicant is a Federally Recognized Tribal Government or the project area is located within (or partially within) Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or
Rancheria), lands owned by or held in trust for an Indian tribe, allotted lands, and/or sensitive tribal areas (which might include areas in which a Native American Tribe has a
significant interest such as traditional cultural properties and sacred sites).

Then the local
match is…
0 *Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level.
**During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used. 13

Local Match Sources
The local match can be all cash, all third-party in-kind contributions, or a combination of the two:
• Cash Match
o Revenue sources for local cash match can include local sales tax, special bond measures, private donations, or private foundation contributions, among other sources. If federal funding is a source for local cash match, the entire project must comply with all federal requirements, which may affect the project schedule. Check the federal program guidelines for details.
o Staff time from the primary applicant can be counted as cash match. However, staff time charged to a specific project that has already been funded and/or reimbursed cannot be used to meet the match requirement for a Clean CA project.
• Third-Party In-Kind Match
o Third party in-kind contributions are typically goods and services donated from outside the primary applicant’s agency. Examples include the value of donated:
 Plants/trees.
 Art resources (e.g., materials, labor, supplies).
 Equipment and materials.
 Volunteered time from stakeholders.
 Other goods and services.
o Maintenance activities related to the project if these occur prior to June 30, 2024.
o If third party in-kind contributions are used to satisfy the local match requirements, all of them must be itemized in the application. If a project is awarded funds, as part of the grant agreement, the grant recipient will be asked to provide letters of commitment from each third-party contributor detailing what services are included with the match and a commitment to reaching the project completion date of June 30, 2024.

Payment Process
For an item to be eligible for payment, the primary use or function of that item must meet the program goals and be consistent with the approved grant scope and budget as well as applicable cost principles. Payments will be made by reimbursement unless advance payment is requested and approved. 14

The CCLGP is primarily a reimbursement program for eligible costs incurred. An implementing agency may begin incurring eligible costs upon execution of a grant agreement with Caltrans as well as receipt of notice to proceed from Caltrans.

Applicants may request advance payment. Requests must be included in the project application and include a justification to support the request, as detailed in the Advance Payment Process section.

Caltrans may provide funding directly to federally recognized Tribal governments, but only if a Tribal government is willing to grant a limited waiver of sovereign immunity for the purposes of their CCLGP project and for the duration of the project. As an alternative to waiving sovereign immunity, Tribal governments may consider applying as a sub-applicant through partnership with a public or transit agency.

If requesting reimbursement for indirect costs, grant recipients must have an approved Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) agreement with Caltrans, or the grant recipient’s cognizant agency, to be reimbursed. A “cognizant” agency is the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals.

An approved indirect cost rate must be included in the grant agreement. If the agency does not have a current ICAP/ICRP with Caltrans or its cognizant agency, it must submit an ICAP/ICRP request in accordance with the options and submission processes found on the following webpage:
https://ig.dot.ca.gov/resources. Agencies can also e-mail ICAP[email protected]. The ICAP/ICRP documentation must be submitted with the work plan if the agency is claiming indirect costs.

For non-infrastructure projects, indirect cost rates are limited to what is approved by Caltrans or the cognizant agency. For infrastructure projects, per the Caltrans Local Assistance Procedures Manual, the total cost for Construction Engineering (CE) should not exceed 15% of the construction costs and all costs over that must be shown in the application as non-participating.

Advance Payment Process
As described in State statute, Caltrans may authorize advance payments necessary for projects funded by the CCLGP. This is consistent with the Legislature’s direction to expeditiously award and disburse grants. Specifically, the Department, in its sole discretion, may provide advance payments of grant awards in a timely manner to support program initiation and implementation, with a focus on mitigating the constraints of modest reserves and potential cash flow problems. In considering whether to apply for an advance payment, the 15

applicant acknowledges that the Advance Payment guidelines contained herein are solely for the purposes of the CCLGP.

Conditions
Recognizing that appropriate safeguards are needed to ensure grant moneys are used responsibly, the Legislature has outlined the grant conditions described below to establish control procedures for advance payments. Accordingly, the Department may provide advance payments to grant applicants of the CCLGP only if the Department determines, pursuant to SHC Section 91.41(e), that all the following conditions are met:
a. The grant applicant for an advance payment is a public agency. b. The grant applicant requests an advance payment in its initial grant application.
c. The project or project component for which the advance payment is requested is well defined and can be delivered by an agreed upon date. d. The grant applicant has a record of good financial management and has not been sanctioned by any state or federal agency.
e. Upon request of the department, the grant applicant offers sufficient capital, as determined by the Department, as security for an advance payment.
f. Upon request of the department, the grant applicant provides a finding approved by its governing body that demonstrates a financial need for an advance payment pursuant to the program to deliver the project.

Additional Conditions
In evaluating a grant applicant’s request for advance payment, the Department has established the following additional conditions of award.

Advance Payment Amounts
A grant applicant may request one advance payment equal to the anticipated project cost for the first four months of the project, as described in the project schedule, budget, and spending plan. The advance payment may not exceed 30% of the grant award or $1,000,000, whichever is smaller.

General Conditions
a. The advance payment is necessary immediately to meet the purposes of the grant project.
b. Only one advance payment, at the beginning of the project, will be awarded.
c. The use of the advance funds is adequately regulated by project budgetary controls.
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d. The grant applicant provides a finding approved by its governing body that demonstrates the financial need for an advance payment. e. The grant applicant has no outstanding financial audit findings related to any of the moneys eligible for advance payment and is in good standing with the Franchise Tax Board and Internal Revenue Service. f. The grant applicant agrees to revert all unused moneys to the Department if they are not expended within the timeline specified in the grant agreement.
g. The grant applicant assumes legal and financial risk of the advance payment.
h. In the event of nonperformance by the grant recipient, the Department shall require full recovery of all disbursed moneys. A grant recipient shall provide a money transfer confirmation within 60 days upon the receipt of a notice from the Department.

Fiscal Administration
a. The grant applicant shall indicate its request for advance payment on the initial application. A spending plan shall be submitted with the application.

1. The spending plan shall include project schedules, timelines, milestones, and the grant recipient’s fund balance for all state grant programs applied to the project.
i. The grant recipient will report to the Department any material changes to the spending plan within 30 days of identification of the change.
b. The grant applicant shall submit an updated spending plan along with an Advance Payment Invoice to the Department for review prior to receiving the advance payment.
c. The grant recipient shall submit requests for reimbursement packages monthly3, commencing at the conclusion of the first full calendar month of project implementation. Reimbursement packages shall include supporting documentation for all expenditures including, but not limited to, receipts, invoices, and timesheets.
d. The advance payment will be closed out at the end of the project, with final reimbursement packages satisfying all advance funds. Any funds not accounted for shall be returned to the Department.
e. The grant recipient shall place funds advanced under this section in an interest-bearing account. The grant recipient shall track interest accrued 3Note, projects that do not request Advance Payments may submit invoices no more frequently than monthly and no less frequently than quarterly. See the section Accounting Requirements for details.
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on the advance payment. Interest earned on the advance payment shall be used for eligible grant-related expenses as outlined in Eligible Activities and Expenses, or returned to the Department.
f. The grant recipient shall report to the Department the value of any unused balance of the advance payment and interest earned, and submit quarterly fiscal accounting reports consistent with the provisions in the CCLGP Grant Agreement.
g. The grant recipient shall remit to the Department any unused portion of the advance payment and interest earned at project close-out.

Advance Payment Requests
a. The Department will advance one payment from the total grant award after the grant recipient submits the following to the Department:
i. A fully executed Grant Agreement;
ii. Advance Payment Invoice (to be provided by the
Department); and
iii. Updated Spending Plan that includes project schedules, timelines, milestones, and the grant recipient’s fund balance for all fund sources applied to the project.
b. The grant recipient must email the completed Advance Payment Invoice and Spending Plan to the Department Grant Coordinator. The invoice shall include the secured digital signature of a person legally authorized to sign.
c. Advance grant payments are subject to the Department’s approval of the Advance Payment Invoice and Spending Plan.
d. Quarterly reports must substantiate grant costs incurred as discussed in the Reporting section for which the Advance Payment was utilized.

Project Application Process

1. Applications, including the supporting documentation, are submitted online:
a. Access to the application and other required templates are available on the CCLGP website,
https://cleancalifornia.dot.ca.gov/local-grants.
b. No hardcopy applications will be accepted.

2. Project Proposals are reviewed and evaluated:
a. Caltrans subject matter experts, with district representation, conduct a review of all applications for eligibility, submission of proper documentation, deliverability, and demonstrated benefits that align with the grant program goals. They then score the 18

applications using a standardized scoring methodology, which is described in the Scoring Criteria section.
b. Incomplete or ineligible applications may be removed from the competitive process.
c. Caltrans headquarters grant program staff then verifies the scores and provides the award recommendations list, to be approved by the State.
d. Award recommendations are submitted to the Secretary of the California State Transportation Agency for concurrence.

3. Awarded projects are announced.

4. Grant Agreements between the grant recipients and Caltrans are executed.

All information contained in the application and supporting documentation is confidential until grant awards are announced.

The State reserves the right to reject an applicant who is in violation of any law or policy at another public agency. Potential violations include, but are not limited to, being in default of performance requirements for other contracts or grant agreements issued by the State, engaging in or being suspected of criminal conduct that could poorly reflect on or bring discredit to the State, or failing to have all required licenses and permits necessary to carry out the project. The State further reserves the right to reject any applicant who has a history of performance issues with past grants or other past contractual agreements with any public entity.

Conflict of Interest
All applicants and individuals who participate in the review of submitted applications are subject to state and federal conflict of interest laws. Any individual who has participated in planning or setting priorities for a specific solicitation over and above the public comment process, or who will participate in any part of the grant development and negotiation process on behalf of the public, is ineligible to receive funds or personally benefit from funds through that solicitation. Failure to comply with conflict of interest laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent grant agreement declared void. Other legal actions may also be taken. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411.

Scoring Criteria
Applications will be scored as explained in Table 3 and in the following subsections of this document. The scoring methodology is designed to support 19

performance of the grant objectives and encourages context-sensitive proposals. The scoring is designed to prioritize quality of transformation over quantity of space transformed. For communities that may not have a lot of public space, but can still benefit from a transformative project, their application would be competitive under this scoring methodology. Other selection considerations may factor into the final project selection.

Table 3. Scoring Methodology
Component
Number
Scored Component
Possible
Score
(points)
Weight (percent
of overall score)
1 Narrative
(Qualitative)
20 10
2 Project’s Population Benefit
(Quantitative)
20 10
3 Project’s Relative Population
Benefit to Underserved
Communities
(Quantitative)
35 17.5
4 Demonstrated Community Need
(Quantitative)
50 25
5 Project’s Outcomes Assessment
Form
(Quantitative)
40 20
6 Scope, Cost, and Schedule
(Qualitative)
35 17.5
Sum 200 100

1. Narrative
The narrative scoring component will be based on the applicant's description of how well the project meets the program’s statutory goals, requirements, and guidelines. This component is worth up to 20 points and 10 percent of the total application score. The narrative component will be assessed by a committee of subject matter experts using a scoring rubric based on grant criteria.

At a minimum, the narrative shall include a discussion of:
• The project location and any project description details not included in section 1.8 of the main application form. Describe the public space or spaces to be addressed; specifying right-of-way, park, pathway, transit center, tribal land, or other space. Discuss where the space is located, including its visibility and access to the public.
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• The demonstrated community need that addresses the goals of the CCLGP program. Specifically, describe the existing conditions of the project location(s), and how the project meets one or more of the four stated program goals listed below.

1. Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.

2. Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.

3. Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and
recreation.

4. Advance equity for underserved communities.

Address each goal selected separately in the narrative. For each goal selected, also include the information requested in the respective paragraphs below:

Goal 1. Reduce the Amount of Waste and Debris: Describe types of existing waste and debris, work to be performed to remove it, and by whom.

Goal 2. Beautify and Improve Public Space: Describe the beautification or access improvements to be performed, including enhanced greening measures. Include any enhancements to be made, rehabilitation or restoration to be performed, and new installations placed.

Goal 3. Improving Public Spaces for Walking and Recreation: Describe improvements to be made to the public spaces for walking and recreation, and how these improvements will enhance public health, cultural connection, and/or community placemaking.

Goal 4. Advance Equity for Underserved Communities: Projects that demonstrate a benefit to an underserved community, either directly or indirectly, will be more competitive. For these projects, applicants must explain which underserved community is benefited, how it was identified, and how the project benefits that community. Applicants should also explain the percentage of grant funds that will benefit the community and how these percentages were calculated. Calculations can be based on the project’s relative population benefit to underserved communities or another methodology. If another methodology is used, provide a brief justification for using it.
• The local public engagement process that culminated in the project identification and how the project reflects community priorities.

Specifically, the Narrative should describe the stakeholder/community engagement efforts that went into identifying the proposed elements as a priority for the community. These efforts should include engagement with 21

underserved communities and/or any community-based organizations that serve them. The applicant can reference engagement that was sponsored by Caltrans or others. The Narrative should also describe how the project is consistent with or included in existing local or regional plans such as General Plans, Improvement Plans, bicycle and/or pedestrian plans, and complete street plans, that were the products of extensive public outreach. Finally, the Narrative should discuss how exactly the engagement influenced the project proposal.
• Project deliverability, including the applicant’s certainty the project will be completed, opened to public, and all funds expended by June 30, 2024.

Identify all permits required for the project and note all that have not been approved at time of application submittal. For any permit not obtained, explain how its approval will be achieved and the project completed by June 30, 2024. For infrastructure projects, describe all preconstruction work required to deliver this project by its completion date. • If you are requesting advance payment, a justification. • How the applicant is going to market the project, through materials such as press releases, press advisories, letters to the editor, fact sheets, social media posts, website pages, or speeches. Also state whether there will be a ground-breaking or ribbon cutting ceremony for any infrastructure improvements that are part of the project.
• If applicable, how the improvement(s) will be maintained. Identify the lifespan of the improvement(s), how the improvements will be maintained throughout their lifespans, the resources to fund maintenance activities, and the commitment of those resources. This information is required for physical project improvements and litter abatement events (i.e., there needs to be an explanation of the strategy for preventing litter from accumulating again, after the abatement event). This information is also required for any artwork or vegetation that is part of the proposal.

Maintenance information is not required for educational programs.

2. Project’s Population Benefit (PB) to Overall Community For infrastructure projects, the project’s PB to the overall community is the sum of the population of all census tracts within a quarter mile radius of the project added to the average daily ridership of transit routes that have stops within a half mile radius of the project. This sum is then increased by a factor related to the hours the improved site will be open to the public.

For non-infrastructure projects, the PB is the sum of the population benefit of each non-infrastructure activity. The population benefit of each activity is calculated based on the estimated number of unique people who attend an 22

activity or will be reached by a campaign, multiplied by the number of activities or campaigns.

Points for this scoring component will be awarded on a curve relative to all applications received. This component is worth a maximum of 20 points and up to 10 percent of the total application score. Details on how to calculate the PB and an example can be found in Appendices A1-A4.

3. Project’s Relative PB to Underserved Communities
A project’s relative population benefit to underserved communities is determined by a ratio of the project’s PB to underserved communities over the project’s PB to the overall community.

For infrastructure projects, the PB to underserved communities is the sum of the population of all underserved census tracts within a quarter mile radius of the project added to the average daily ridership of transit routes that have stops within a ½ mile radius of the project. This sum is then increased by a factor related to the hours the improved site will be open to the public. Note, the transit ridership is the same as it is for calculating the PB for the overall community in scoring component 2 described in the above section.

For non-infrastructure projects, the project’s PB to underserved communities is the same as for the overall community.

Points for this scoring component will be awarded as a percentage based on the ratio of the underserved project benefit to the overall project benefit. This component is worth up to 35 points and 17.5 percent of the total application score. Details on how to calculate the PB to underserved communities can be found in Appendices A1-A4. See the section Underserved Communities in these guidelines for definitions of underserved communities.

4. Demonstrated Community Need
The demonstrated community need scoring component measures the demonstrated need of the applicant or sub-applicant to address the program goals. Needs include those for waste and debris reduction, beautification, enhanced public health, cultural connection, increased equity, or greening. This component is worth up to 50 points and 25 percent of the total application score. The score is based on the applicant’s answers to questions about the existing public space(s) or community conditions. The questions can be found on the “Demonstrated Community Need Assessment Form.” The form has five (5) sections, each relating to a program goal. Within each section, the applicant may choose up to two questions to answer. The form can be viewed in Appendix B1, and an example of a completed form can be viewed in Appendix B3.
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5. Project’s Outcomes Assessment
This scoring component measures the proposal’s potential to accomplish the goals of the program. This component is worth up to 40 points and 20 percent of the total application score. The score is based on the applicant’s answers to questions about anticipated project outcomes. The questions can be found on the “Project’s Outcomes Assessment Form” in Appendix B2. Like the “Demonstrated Community Need Assessment Form”, the form has five (5) sections, each relating to a program goal. Within each section, the applicant may choose up to two questions to answer. A sample completed form based on a fictitious project can be viewed in Appendix B3.

6. Scope, Cost, and Schedule
The scope, cost, and schedule submittals will be reviewed by a committee of subject matter experts who will evaluate how well the documents maximize project benefits versus costs. This component is worth up to 35 points and 17.5 percent of the total application score. A standardized scoring methodology will be used to assess this component.

The scope, cost, and schedule component must include the following, which are in the templates provided:
• The scope must include detailed project plans, and/or an educational programming workplan.
• The application must include a schedule showing planned start and end dates of salient infrastructure work activities and/or non-infrastructure tasks. The schedule must show all activities completed and all funds expended by June 30, 2024. If the project contains infrastructure components, these must also be opened to the public by June 30, 2024. • The application must include a cost breakdown of all project components. Do not provide costs as lump sum expenses.

Other Attachments
Section 3.1 of the application will allow additional documents to be uploaded beyond what is listed above. Details on what these attachments should include are in the Application Instructions provided on the CCLGP website.

Project Award Process
After evaluation is complete and the list of successful applicants is approved by the State, the list of awarded projects will be posted to the Caltrans website.

Successful grant applicants will receive an award letter from Caltrans that outlines important next steps, such as executing the grant agreement, as well as program requirements the grant recipient must adhere to.

The CCLGP is limited to one cycle of funding. As a result, unsuccessful grant applicants will not receive a debrief.
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Grant Agreement Processing
A restricted grant agreement will be utilized for the distribution of funds. The agreement will specify, among other things, the amount of funds granted, local match funds required, timeline for expenditure of funds, delivery schedule, and the approved project scope. Reporting timeframes and other requirements will also be identified in the agreement. A copy of the grant agreement will be made available on the CCLGP website.

Grant Project Administrative Requirements
Sub-contracts
If a grant recipient or a sub-recipient will hire a third-party to perform work during the project, proper procurement procedures must be used. Grant recipients may use their agency’s procurement procedures. They should also comply with all applicable sections of the California Public Contract Code and Government Code, and any other applicable code. In addition, work cannot be subcontracted unless it has been stated in the grant recipient’s scope, cost, and schedule. A grant recipient is fully responsible for all work performed by its subrecipients, consultants, or sub-consultants. Caltrans solely enters contracts directly with grant recipients.

Financial Requirements
Accounting Requirements
Grant recipients and sub-recipients are required to maintain an accounting system that properly records and segregates incurred project costs and matching funds by line item. The accounting system of the grant recipient, including its sub-recipients and sub-contractors, must conform to Generally Accepted Accounting Principles that enable the determination of incurred costs at interim completion points. This accounting system must also provide support for reimbursement payment vouchers or invoices sent to or paid by Caltrans. Allowable project costs must comply with 2 Code of Federal Regulations (CFR), Part 200.

It is the grant recipient’s responsibility to monitor work and expenses to ensure the project is completed according to the contracted Scope, Cost, and Schedule. The grant recipient agrees to revert all unused grant funds to the Department if they are not expended within the timeline specified in the grant agreement. In the event of nonperformance by the grant recipient, or if project outcomes and benefits are not met, the Department shall require full recovery of all disbursed grant funds. A grant recipient shall provide a money transfer confirmation within 60 days upon the receipt of a notice from the Department that grant funds must be reimbursed. If a grant recipient does not expend funds within the timeline specified in the grant agreement or does not perform, this 25

could also impact the grant recipient’s competitiveness in any potential future funding cycles of this program.

Grant recipients must submit invoices on a regular and timely basis. This is no more frequently than monthly and no less frequently than quarterly for projects not requesting advance payments. This is monthly for projects requesting advance payments.

Costs incurred prior to or after the end date of an executed agreement are not eligible for reimbursement and will not be counted towards local match requirements. CCLGP funds shall not supplant other committed funds and are not available to fund cost increases. Funds must be expended concurrently and proportionally with the approved local match unless an advance payment request is approved. Cost savings will be shared proportionally between all committed fund sources.

Grant recipients must communicate with the Caltrans project manager to ensure any issues are addressed early during the project period.

Audits and Investigations
Clean California Local Grant Program projects are subject to audit. Therefore, all financial records related to the project must be retrained for a minimum of three years from project closeout.

Reporting
Upon execution of a CCLGP agreement, grant recipients must submit quarterly Project Progress Reports and a Final Delivery Report to Caltrans. The reports will be required to assess whether projects are meeting their scope and are being delivered on time and within budget. They will be submitted electronically and due within 45-days of the end of a quarter.

The State may make periodic visits, including a final inspection, to project sites.

The State will determine if the work is consistent with the approved project scope. Caltrans staff will be responsible for conducting and coordinating site visits with the awarded projects.

The final invoice will be paid upon submission and acceptance of the Final Delivery Report to Caltrans. Complete final delivery reports and invoices must be submitted to Caltrans no later than November 1, 2024.

Project Photos
A before photo will be required with the application and an after photo will be required as part of the closeout reporting process for grant recipients. Caltrans must be granted the right to use photos of the completed project. 26

Project Amendments
The CCLGP will not participate in cost increases to the project. Any cost increases must be funded from other fund sources. If there is a change in the project cost, it must be reported through the quarterly project reporting process.

Scope changes will not be considered unless the change is minor, does not reduce project benefits, and does not change the approved project schedule.

Scope changes must be requested in writing to the Caltrans project manager and may require an amendment to the restricted grant agreement.

Projects must be complete with all funds expended by June 30, 2024. If the project involves infrastructure components, these must be opened to the public by June 30, 2024. Amendments for time are not permitted.

Program Evaluation
The CCLGP will be evaluated for its effectiveness in meeting its goals. Grant recipients must collect and submit data to Caltrans as described in the Reporting section.

As part of the fiscal year 2022–23 and 2023–24 California budgets, Caltrans shall report to the Legislature on the CCLGP, including, but not limited to, cubic yards of litter collected, the locations and types of projects, and any other important program outcomes. The report will include a discussion on program effectiveness in terms of planned and achieved outcomes in litter abatement and beautification efforts, as well as timely use of funds. It will also include a summary of its activities relative to program administration, including projects awarded, projects completed to date by project type, projects completed to date by geographic distribution, and projects completed to date by benefit to underserved communities.
27

Appendix A.0. Example Calculations to Determine Required Local Match for a Fictitious Project
For demonstration purposes, this appendix performs an example calculation to determine the required local match for a fictitious project. You will first determine the SOD of the surrounding community, and then use that number to determine the corresponding required local match. The required local match will decrease as the SOD of the surrounding community increases.

Fictitious Project Summary:

The sample project proposes improving the parkland at the Greenside Park in the City of Eureka, CA (M St & 12th St, Eureka, CA 95501) with beautification upgrades and litter abatement. In addition to physical improvements, the project proposes to launch a litter abatement campaign on social media that will reach 1,000 people/week for 52 weeks in total, and a ribbon cutting event/litter abatement event with 200 people invited.

Step 1. Choose a definition by which to define the community surrounding the project as underserved. See the section Underserved Communities of these guidelines for more information. If the community surrounding the project is considered underserved based on multiple options, choose the option that best supports the community’s status as underserved. Per Option 5, Tribal Communities require zero local match, and thus none of these calculations.

Step 2. Determine the SOD of the community surrounding the project:

SOD of
surrounding = Weighted average of the SODs of the surrounding census tracts. community
= Sum [(Pop. CT 1 x metric score CT 1) + (Pop. CT 2 x metric score CT 2) + (Pop. CT N x metric score CT N…)] Sum(Pop. CT 1 + Pop. CT 2 + Pop. of CT N…)
Where:
• Pop. CT = Population of a census tract within a ¼ mile radius of the project site or sites. • Metric Score = The underserved community score of a census tract determined using one of the 5 options listed in Table 2 of the guidelines.

Perform this calculation using Table 1, SOD of Community Surrounding the Project Site(s). When calculating SOD, the same definition of underserved community must be used throughout Table 1.
28

Table 1. SOD of Community Surrounding the Project Site(s) List the Option Used to Determine SOD:
(For definitions of each of the five options, see the
section “Underserved Communities”.)
AMI
Location Relative to
Project Site(s)
(1)
Census Tract
Number
(2)
Census
Tract
Population
(3)
Metric Score
of Census
Tract
using the
chosen
option listed
above.
(4)
SOD of Tract
(3) x (4)
(5)
1 Project Site A 5 4450 $32,500 $144,625,000
2 Within a ¼
mile radius. 6 4998 $28,700 $143,442,600
3 Within a ¼
mile radius. 1 4242 $51,600 $218,887,200
4 Within a ¼
mile radius.
5 Project Site B
6 Within a ¼
mile radius.
7 Within a ¼
mile radius.
8 Within a ¼
mile radius.

TOTALS 13,690 $506,954,800
SOD of Community Surrounding the Total of Column 5
= Project Total of Column 3 = $37,031
Why we filled in Table 1 as we did:
• We chose option 1, Area Medium Income (AMI), to define an underserved community. Then we looked up the project address in the 2019 American Community Survey 5-yr. Estimates (ACS5) and found it is in census tract 5 with a population of 4,450 people and a median income of $32,500. We logged this information on line 1 accordingly. • We then drew a ¼ mile buffer around the project limits and determined all other census tracts that fell totally or partially within buffer limits. Two tracts met this criterion, census tracts 6 and 1. We completed lines 2 and 3 based on the populations and median incomes of those tracts. 29

• The remaining values auto calculated. The tables provided on the CCLPG website in Attachment I are fillable and will calculate for you. (Note, all dollar values and populations shown were made up for demonstration purposes.)
Step 3. Use Table 2 below to determine the Required Local Match based off the SOD of Community Surrounding the Project. For this example, the required local match would be 0% (see highlighted values).
30

I I
I I 11
Table 2. Severity of Disadvantage and Corresponding Local Match Requirement SOD Criteria Ranges for SOD of Community
Surrounding the Project
Required Local Match
%
Option 1: Area Median Income (AMI) compared to Statewide Median Income (SMI)* Data: Census Tract Level Data from the 2019 American Community Survey 5-year (ACS5) Estimates
If the AMI SOD of the
surrounding
community is…
> $60,188
Then local
match is…
50 $56,426 to $60,188 37.5
$52,665 to $56,425 25
$48,903 to $52,664 12.5
< $48,903 0
Option 2: CalEnviroScreen 3.0 Percentile Score
Data: SB 535 List of Disadvantaged Communities or SB 535 Disadvantaged Communities Map If the CalEnviroScreen

3.0 SOD of the
surrounding
community is…
< 39
Then local
match is…
50 39 to 42 37.5
43 to 46 25
47 to 50 12.5
> 50 0
Option 3: Percentage of Students that Receive Free or Reduced Lunches** Data: California Department of Education website
If the Free Lunch SOD
of the surrounding
community is…
< 75
Then local
match is …
50 75 to 79 37.5
80 to 84 25
85 to 89 12.5
> 90 0
Option 4: Healthy Places Index (HPI) Score (use overall HPI score only) Data: California Healthy Places Index website
If the HPI SOD of the
surrounding
community is…
> 25
Then local
match is…
50 21 to 25 37.5
16 to 20 25
10 to 15 12.5
< 10 0
Option 5: Tribal Communities
Data: List of Federally Recognized Tribal Governments in California If the project applicant or sub-applicant is a Federally Recognized Tribal Government or the project area is located within (or partially within) Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or
Rancheria), lands owned by or held in trust for an Indian tribe, allotted lands, and/or sensitive tribal areas (which might include areas in which a Native American Tribe has a
significant interest such as traditional cultural properties and sacred sites).

Then the local
match is…
0 *Communities with a population less than 15,000 may use data at the Census Block Group level. Unincorporated communities may use data at the Census Place level.
**During the development of these guidelines, the National School Lunch Program started offering free lunches to all students. Thus, if an applicant still wants to use this option, it is recommended that pre-pandemic data be used. 31

Appendix A.1. Definition of the Project’s Population Benefit (Overall) (A) Infrastructure Work PB
(Overall) Project’s Population Benefit (PB)
(Overall) = +
(B) Non-infrastructure Work PB
Where:

A. Infrastructure Work PB = (Direct PB + Indirect PB) x Dose Where:
• Direct PB = Sum of the population of all census tracts within a ¼ mile radius of the project site(s).
• Indirect PB = Sum of the average daily ridership of transit routes that have stops within a ½ mile radius of the project site(s). • Dose = Hours the site will be accessible to the public under the improved conditions. (If the project has multiple sites and hours differ, use the average number of hours.)
B. Non-infrastructure Work PB = Sum of the PB of each non-infrastructure (NI) activity.

Where:
• The PB of NI Activity = Reach x Dose
Where:
• Reach = Number of people reached at least once by an
educational campaign or eligible event.
• Dose = Number of times the campaign will run, or the event will be held.

Copies of the forms to perform the calculations are provided in Appendix A3.

Example calculations based on a fictitious project are provided in Appendix A4.

When submitting the application, complete the form in Attachment I from the CCLGP website and attach it to your application.
32

Appendix A.2. Definition of the Project’s Relative Population Benefit (PB) (Underserved Communities)
Project’s Relative PB Projects PB (underserved) x100
= (underserved communities) Projects PB (overall)
Project’s PB Underserved (A) Infrastructure Work PB Underserved = Community +
(B) Non-infrastructure Work PB
Where:

A. Infrastructure Work PB
= (Direct PB Underserved + Indirect PB) x Dose Underserved Where:
• Direct PB Underserved = Sum of the population of all underserved census tracts within a ¼ mile radius of the project site(s). • Indirect PB = same as used in Appendix A.1.
• Dose = same as used in Appendix A.1.

B. Non-infrastructure PB = Same as used in Appendix A.1.

Copies of the forms to perform the calculations are provided in Appendix A3.

Example calculations based on a fictitious project are provided in Appendix A4.

When submitting the application, complete the form in Attachment I from the CCLGP website and attach it to your application.
33

Appendix A.3. Forms for Calculating Population Benefit (PB) (Overall) and Relative PB (Underserved Community)
Step 1. If your project has no infrastructure work, skip to Step 3.

Step 2. If your project has infrastructure work, complete Tables 1 through 5 below. Information from tables 1 through 3 will be used to calculate the Infrastructure Work PB for both the overall and underserved community in Tables 4 and 5, respectively.

Table 1. Infrastructure Work – Direct PB (Overall and Underserved Community) • On line 1, list the census tract in which the project is located. • On subsequent lines, list all census tracts within a ¼ mile radius of your project.

If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with a justification of your methodology.
• Total column 3 and column 5.
34

Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A
2 Within a ¼ mile
radius.
3 Within a ¼ mile
radius.
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.

Population Totals (Overall) = (Underserved) =
Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership numbers.
35

Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within a 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 2
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which are the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
• Calculate the average number of hours of all sites.

Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 2
3 4
5 6
7 Average of Hours if Project Contains Multiple Sites
36

Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.

Table 4. Infrastructure Work PB (Overall)
(Direct PB
(Table 1, Column 3)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure Work
PB (Overall)
(4)
+ × =
Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.

Table 5. Infrastructure Work PB (Underserved Community) (Direct PB
(Table 1, Column 5)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure
Work PB
(Underserved
Community)
(4)
+ × =
37

Step 3: If your application proposes educational campaigns or events about litter abatement, proper waste disposal, or how to do sanctioned artwork (as opposed to vandalism), use Table 6 to calculate PB of each non-infrastructure activity and total. If your application does not propose these activities, skip to Step 4.

Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run, or the event will be held.

Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 x =
2 x =
3 x =
4 x =
Total NI Work PB
Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.

Table 7. Project’s PB (Overall)
Table 7. Project's PB (Overall)
Infrastructure Work PB
(Overall)
(From Table 4, Column 4)
(1)
+
Non-Infrastructure Work PB
(From Table 6, Column 3)
(2)
= Project's PB (Overall)
(3)
+ =
38

Step 5. Calculate the Project’s Population Benefit (Underserved Community).

Table 8. Project’s PB (Underserved Community)
Table 8. Project's PB (Underserved Community)
Infrastructure Work PB
(Underserved
Community)
(From Table 5, Column 4)
(1)
+
Non-Infrastructure
Work PB
(From Table 6, Column 3)
(2)
=
Project's PB
(Underserved Community)
(3)
+ =
Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.

Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
÷ =
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.

Table 10. Applicant’s Points for Scoring Component 3, Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3, Project’s Relative PB (Underserved Community) Project's Relative PB (Underserved
Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Pts.)
(3)
× 35 =
Examples of completed calculation forms based on a fictitious project can be found in Appendix A.4.
39

Additional rows for Tables 1 and 2. (Only use these pages if needed.) Table 1. Infrastructure Work- Direct Population Benefit (CONTINUED) Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
9 Project Site C
10 Within a ¼ mile
radius.
11 Within a ¼ mile
radius.
12 Within a ¼ mile
radius.
13 Project Site D
14 Within a ¼ mile
radius.
15 Within a ¼ mile
radius.
16 Within a ¼ mile
radius.

Table 2. Infrastructure Work - Indirect Benefit Population (CONTINUED) Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
8 9
10 11
12 13
14 15
40

Additional rows for Tables 3 and 6. (Only use these pages if needed.) Table 3. Infrastructure Dose (CONTINUED)
Infrastructure Site
(1)
Hours Improved Site
Accessible to Public
(2)
8 9
10 11
12 13
14 15
Table 6. Non-Infrastructure Work (NI) PB (CONTINUED)
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
5 x =
6 x =
7 x =
8 x =
9 x =
10 x =
11 x =
12 x =
13 x =
14 x =
15 x =
16 x =
41

Appendix A.4. Example PB (Overall) and Relative PB (Underserved Communities) Calculations Performed for a Fictitious Project For demonstration purposes, this appendix performs sample population benefit calculations based on a fictitious project.

Fictitious Project Summary:

The sample project proposes improving the parkland at the Greenside Park in the City of Eureka, CA (M St & 12th St, Eureka, CA 95501) with beautification upgrades and litter abatement. In addition to physical improvements, the project proposes to launch a litter abatement campaign on social media that will reach 1,000 people/week for 52 weeks in total and will host a ribbon cutting and litter abatement event with 200 people invited. I have filled this form out as the applicant for the purposes of showing how this would be accomplished and the results you might see from this.

Example Population Benefit Calculations:

Step 1. If your project has no infrastructure work, skip to Step 3.

Our project has infrastructure, so we continue to Step 2.

Step 2. If your project has infrastructure work, complete Tables 1 through 5 below. Information from tables 1 through 3 will be used to calculate the Infrastructure Work PB for both the overall and underserved community in Tables 4 and 5, respectively.

Table 1. Infrastructure Work – Direct PB (Overall and Underserved Community) • On line 1, list the census tract in which the project is located. • On subsequent lines, list all census tracts within ¼ mile radius of your project. If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with justification of your determination method. • Total column 3 and column 5.
42

Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(e.g. ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A 5 4,450 ACS5 4,450
2 Within a ¼ mile
radius. 6 4,998 ACS5 4,998
3 Within a ¼ mile
radius. 1 4,242 ACS5 4,242
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.

Population Totals (Overall) = 13,960 (Underserved) = 13,690 Why we filled in Table 1 as we did:
• We chose to use option 1 of the 5 options provided in the guidelines to determine if the community around the project is underserved. We looked up the project address in the 2019 American Community Survey 5- Year Estimates (ACS5) and found it is in census tract 5 with a population of 4,450 people and has a median income less than 80% of the State Median Income. This means the census tract qualifies as an underserved community. We logged this information on line 1 accordingly. • We drew a ¼ mile buffer around the project limits and then determined all other census tracts that fell totally or partially within the project site or buffer limits. Using the ACS5, two tracts met this criteria, census tracts 6 43

and 1, and both also qualified as underserved. We completed lines 2 and 3 accordingly.
• Note, you are not limited to one option when making the “underserved” determination. If a tract did not qualify as underserved on the ACS5, we could have also checked another option, such as the Healthy Places Index. If it qualified under one of the options, we could have designated that tract as underserved.

Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership.

Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 Redwood Transit System Route 500
2 Southern Humboldt Intercity Route 500
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes 1,000 Why we filled out Table 2 as we did:

We drew a ½ mile buffer around the project limits and determined what transit stops existed within the project limits or the buffer zone. We found two bus routes that stopped within a ½ mile of the project and logged the route information accordingly.

Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which is the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
44

• Calculate the average number of hours of all sites.

Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 Greenside Park 24
2 3
4 5
6 7
Average of Hours if Project Contains Multiple Sites 24
Why we filled in Table 3 as we did:
• The park will be accessible to the public 24 hours per day upon completion of the project. If we had multiple sites with different hours, we would have averaged the hours.

Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.

Table 4. Infrastructure Work PB (Overall)
(Direct PB
(Table 1, Column 3)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure Work
PB (Overall)
(4)
13,960 + 1,000 × 24 = 359,040
45

Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.

Table 5. Infrastructure Work PB (Underserved Community) (Direct PB
(Table 1, Column 5)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure
Work PB
(Underserved
Community)
(4)
13,960 + 1,000 × 24 = 359,040
Note, because all the tracts within a ¼ mile of the project qualified as underserved, the project’s Infrastructure Work PB (Overall) in Table 7 equals the project’s Infrastructure work PB (underserved community) in Table 8.

Step 3: If your application proposes educational campaigns or events about litter abatement, proper waste disposal, or how to do sanctioned artwork (as opposed to vandalism), use Table 6 to calculate PB of each non-infrastructure activity and total. If your application does not propose these activities, skip to Step 4.

Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run or the event will be held.

Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 Social Media Litter Abatement
Campaign 1000 x 52 = 52,000
2 Ribbon Cutting and Litter Abatement
Event 200 x 1 = 200
3 x =
4 x =
Total NI Work PB 52,200
46

Why we filled in Table 6 as we did:
• The project includes 2 non-infrastructure events, a media campaign that will reach 1,000 social media followers (the Activity 1 reach) once a week for 52 weeks (the Activity 1 dose) and a ribbon cutting and trash disposal education event to which 200 people (the Activity 2 reach) will be invited.

The ribbon cutting event is a one-time affair (the Activity 2 dose.) Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.

Table 7. Project’s PB (Overall)
Table 7. Project's PB (Overall)
Infrastructure Work PB
(Overall)
(From Table 4, Column 4)
(1)
+
Non-Infrastructure Work PB
(From Table 6, Column 3)
(2)
= Project's PB (Overall)
(3)
359,040 + 52,200 = 411,240
The number calculated here will be graded on a curve relative to other applications submitted to determine the percentage of the maximum possible 20 points to award.

Step 5. Calculate the Project’s Population Benefit (Underserved Community).

Table 8. Project’s PB (Underserved Community)
Table 8. Project's PB (Underserved Community)
Infrastructure Work PB
(Underserved
Community)
(From Table 5, Column 4)
(1)
+
Non-Infrastructure
Work PB
(From Table 6, Column 3)
(2)
=
Project's PB
(Underserved Community)
(3)
359,040 + 52,200 = 411,240
47

Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.

Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
411,240 ÷ 411,240 = 100%
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.

Table 10. Applicant’s Points for Scoring Component 3. Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3 Project’s Relative PB (Underserved Community) Project's Relative PB
(Underserved Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Points)
(3)
100% × 35 = 35
48

Appendix B1. Demonstrated Community Need Assessment Form This table measures the demonstrated need of the community to execute the goals of the program. Needs can be the community’s need for waste and debris reduction, beautification, enhanced public health, cultural connection, or another need. This component is worth a maximum of 50 points and up to 25 percent of the total application score. The score is based on the applicant’s answers to questions about the existing site or community conditions. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two (2) questions to answer, for a total of 10 questions. All applicants much answer question 1-1, as one of their two questions in Section 1. 49

Table 1: Demonstrated Community Need Assessment Form
Section 1: Answer question 1-1, and one other question of your choice.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Points Guidance Applicant Response Applicant's Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1 -1 5
Describe the evidence there is a
recurring litter or land misuse in the
project area under existing
conditions. Summarize trash
collection data or other empirical
data.
(Range 0-5pts.,
No evidence=
0pts.)
Use box below
1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project
site lack educational programs or
events about litter abatement or
proper waste disposal?
50

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
51

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.
52

Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant
Response
Applicant's
Self Score
To advance equity for
underserved
communities.
4-1 5
How does the percentage of
usable public space in the
underserved community
compare to the region's
average?
Below Average =
5pts.,
Average =3pts.,
Above Average =
0pts.
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
53

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.

Total Score from Sections 1 to 5:

Community Need Assessment
(Max Possible Points is 50)
0 54

Appendix B2. Project’s Outcomes Assessment Form
This form measures the proposal’s potential to accomplish the goals of the program. This component is worth a maximum of 40 points and up to 20 percent of the total application score. The score is based on the applicant’s answers to questions about anticipated project results. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two questions to answer, for a total of 10 questions.
55

Table 2: Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
56

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant Response Applicant's Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses in the
project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to
the project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-5 4
What percentage of project site will
be improved with anti-graffiti/antivandalism solutions? 0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
57

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 4
Will the project create or
enable a critical connection to
daily life destinations such as
school, medical care, jobs, or
groceries via walking, biking, or
transit?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-2 4 Will the project improve a
walking or biking route?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-3 4
Will the project improve or
rehabilitate an existing public
recreation space?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.

Not at all = 0 pts.
58

Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.

Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
59

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.

Total of Scores from Sections 1 to 5:
0 Project Outcomes
(Max Possible is 40)
60

Appendix B3. Example of Forms in Appendix B1 and Appendix B2 Completed for a Fictitious Project For demonstration purposes, this appendix contains completed Demonstrated Community Need Assessment and Project’s Outcomes Assessment forms based on a fictitious project.

Fictitious Project Summary:

One-acre public space that will include landscaping, shade trees, improved street furniture, new bins for proper waste disposal, enhanced lighting, a mural by a local artist, and upgrades to the bus stop shelter at the site. Youth volunteers will be recruited to help clean the space before improvements are made, and they will learn about litter abatement and the free dump days in the community. 61

Table 1: Completed Demonstrated Community Need Assessment Form Section 1: Answer question 1-1, and one of your choice.

Program Goal or
Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Points Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount
of waste and debris
within public rights-ofway, pathways, parks,
transit centers, and
other public spaces.
1 -1 5
Describe the evidence there is a
(Range 0-5pts., No
evidence= 0pts.) Use box below
recurring issue of trash production or
land misuse in the project area under
existing conditions. Summarize trash
collection data or other empirical
data.

Trash bins are always overflowing. The amount of trash has increased by approximately 300% 5 according to the maintenance department. Many people dump their garbage around the park.

Park walls have re-occurring graffiti. There have been citizen complaints and about garbage and broken benches. The park has seen reduced usage over the years due to safety concerns and poor lighting. Reservations for youth sports at the facility and picnic areas have reduced by 25%. 1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.

No 5
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project site
lack educational programs or events
about litter abatement or proper
waste disposal?
62

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
81 5
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
61 4
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
63

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need
Assessment Question Point Guidance Applicant Response Applicant's Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.

Somewhat 3
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.

Yes 5
64

Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need
Assessment Question Point Guidance Applicant Response Applicant's Self Score
To advance equity for
underserved
communities.
4-1 5
How does the percentage of
usable public space in the
underserved community
compare to the region's
average?
Below Average =
5pts.,
Average =3pts.,
Above Average =
0pts.

Below Average 5
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.

Yes 5
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
65

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
35 4
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
75% 4
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.

Total Score from Sections 1 to 5:

Community Need Assessment
(Max Possible Points is 50)
45 66

Table 2: Completed Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced.
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
100 4
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
80 4
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
67

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
80 4
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses within
the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to the
project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting will be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 4
2-5 4
What percentage of project site will
be improved with anti-graffiti/anti
vandalism solutions?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
68

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 4
Will the project create or
enable a critical connection to
daily life destinations such as
school, medical care, jobs, or
groceries via walking, biking, or
transit?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-2 4 Will the project improve a
walking or biking route?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-3 4
Will the project improve or
rehabilitate an existing public
recreation space?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.

Yes 4
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.

Not at all = 0 pts.

Definitely 4
69

Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
100% 4
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
50 3
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.

Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
70

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
65 3
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 3
Total of Scores from Sections 1 to 5:

Project Outcomes
(Max Possible is 40)
37 71

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-37 was passed and adopted by the City Council of the City of Cudahy, sigm�d by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 21 st day of June 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES: Lozoya, Lomeli, Gonzalez, Alcantar
NOES: None
ABSTAIN: Guerrero
ABSENT: None

BID RESULTS
BID DUE DATE/TIME: April 23, 2025 at 3:00 pm
(bids are not reviewed yet)
Apparent Low Bidder: Simgel Co. Inc. Bid Amount: $3,793,293.00 PROJECT: Cudahy Los Angeles River Area Improvements, Project - ABP-001 Site 2 - Cudahy River Park, Site 3 - Clara Bridge Slopes Site 4 – Otis Avenue Pocket Park Cudahy Gateway Landmark Simgel Co. Inc. $3,793,293.00
Bidder (ranked from low to high bid amount) Total Bid Amount shown on Bidder's Proposal (bids are not reviewed yet)
Los Angeles Engineering, Inc. $4,668,000.00
C.S. Legacy Construction, Inc. $4,652,626.09
C:\Users\DuaneTut\Dropbox (Transtech Engineers)\JOBRECRD\2025\250154 CUD LOS ANGELES RIVER AREA IMPROVEMENTS, ABP-001\WIP\0.CIP\40 Bidding\40.06 Bids Received\01 Bid Results\LA River Project Bid Results.xlsx Attachment B Page 322 of 568

NOTICE OF EXEMPTION
To: ☒Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
☒County Clerk - County of Los Angeles
12400 E. Imperial Hwy. Room 101
Norwalk, CA 90650
From: City of Cudahy
Department of Public Works
5220 Santa Ana Street
Cudahy, CA 90201
Project Title/Case No(s): CUDAHY RIVER PARK IMPROVEMENTS (“PROJECT”) Project Applicant: City of Cudahy Public Works Department Project Location – Specific:

The Project consist of four sites: Site 1 – Los Angeles River Bike Path located along the Los Angeles River parallel to River Road, Site 2 – Cudahy River Park located at 5322 Clara St, Site 3 – Clara Bridge Slopes located along River Road parallel to Clara Street, Site 4 – Cudahy Gateway Landmark located at the intersection of Salt Lake Avenue, Elizabeth Street, and Otis Avenue.

Project Location – City: Cudahy Project Location – County: Los Angeles Project Applicant & Address: City of Cudahy – 5220 Santa Ana St, Cudahy CA 90201 Project Description:

The Cudahy Los Angeles River Area Improvements (“Project”) is a city-wide infrastructure and beautification project with four project sites. Los Angeles River Bike Path (“Site 1”) will consist of revitalizing a portion of the Los Angeles River by rehabilitating the existing both the pedestrian and bike path along Cudahy’s sphere of influence by installing new wayfinding signage, drought-tolerant landscaping, lighting, and public art such as murals. Cudahy River Park (“Site 2”) will consist of the beautification of an existing public park by replacing concrete paving, removing the existing fencing, and installing new landscaping/irrigation, furnishing, wayfinding signage, and lighting. Clara Bridge Slopes (“Site 3”) will consist of removing existing paving and underplanting while providing tree protection to all existing trees, installing a concrete sign with lighting, and new concrete retaining walls. Further, complete a new slurry seal on Clara Street with lane restriping, wayfinding signage on the right-of-way, and stone edging with planting and irrigation. Cudahy Gateway Landmark (“Site 4”) will consist of replacing existing paving, curb ramps, and turf, and installing a new concrete sign with planting/irrigation and lighting.

Name of Public Agency Approving Project: City of Cudahy Exempt Status: (check one)
☐Ministerial (Sec. 21080(b)(1); 15268)
☐Declared Emergency (Sec. 21080(b)(3); 15269(a));
☐Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
☐Categorical Exemption.
☒Statutory Exemptions. Section 15301 (Class 1 – Existing Facilities) and Section 15304 (Class 4 – Minor Alterations to Land)
Attachment C Page 323 of 568
Reason why the Project is exempt:

The Project, which consists of four project sites, is exempt from further CEQA review pursuant to Class 1 (Existing Facilities) and Class 4 (Minor Alterations to Land) Categorical Exemptions. Site 1 meets the criteria for a Class 1 exemption pursuant to Section(s) 15301(b) and (c) because the project site includes improvements to existing facilities and the reconstruction of existing facilities in the same location with the same purpose while completing maintenance to existing bicycle facilities and restoration of deteriorated or damaged structures such as retaining walls and installing new landscaping, lighting, wayfinding signage, and public art components. Site 2 meets the criteria for Class 1 exemption pursuant to Section 15301 because the project site involves the repair and improvements through the installation of new landscaping, furnishing, and wayfinding signage with no expansion of the existing use. Further, Site 2 meets the criteria for Class 4 exemption, pursuant to Section 15304, because the project includes minor alterations of land by replacing concrete paving and landscaping within a city park to remove and replace two (2) ornamental trees. Site 3 meets the criteria for Class 1 exemption, pursuant to Section 15301(c), because the project site involves maintenance of an existing street, including slurry and re-stripping, with no creation of additional automobile lanes. Further, Site 3 meets the criteria of Class 4 exemption, pursuant to Section 15304, because the project involves minor alterations of land by removing existing sloped pavement to introduce new native and water-efficient landscaping and does not involve the removal of scenic trees. Site 4 meets the criteria of Class 4, Section 15304 because the project involves minor alterations to land, including repaving resulting in minor alterations to widths and grades, new landscaping/irrigation and does not involve the removal of scenic trees.

Lead Agency Contact Person: Raul Diaz, Public Works Director Email:
[email protected]
Signature:
______________________________________________________ _____________________________________________________ Juan Arauz, AICP, Community Development Director Date

“Serving The People "Sirviendo A La Comunidad"
Staff Report
5/6/2025 Page 1 of 3

STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Daniela Trujillo, Administrative Analyst
Subject: Approval of Third Amendment to Professional Services Agreement with SWA Group, Inc. for an add service request and term extension for the Los Angeles River Area Improvement Project

RECOMMENDATION
The City Council is requested to approve the Third Amendment to Professional Services Agreement (PSA) with SWA Group, Inc. for an add service request and term extension for the Los Angeles River Area Improvement Project in an amount not-to-exceed $80,804.

BACKGROUND

1. On June 21, 2022, the City approved a sub-recipient agreement with Caltrans after securing funds from the Clean California Local Grant Program.

2. On February 27, 2023 the City issued an RFP to solicit design engineering services for this project.

3. On May 2, 2023, a Professional Services Agreement was awarded to SWA Group, Inc. for the Design Phase Engineering Services of the Los Angeles River Area Improvement Project.

4. On June 4, 2024, a First Amendment was executed for Geotechnical Services for Site 3 and Site 4 of the Los Angeles River Area Improvement Project.

5. On December 17, 2024, a Second Amendment was executed for Geotechnical Services for Sites 1 and 2 and a cultural resource report needed for Site 1 – Section 408 Permit submittal.

ANALYSIS
The Los Angeles River Improvement Project is a citywide beautification project that focuses on Item Number
14B

“Serving The People "Sirviendo A La Comunidad"
Staff Report
5/6/2025 Page 2 of 3

four city sites. The Los Angeles River Bike Path (Site 1), Cudahy River Park (Site 2), Clara Bridge Slopes (Site 3), and Otis Pocket Park (Site 4).

Site 1 (LA River) requires an extensive Section 408 permitting process and will be submitted for 100% review to the United States Army Corp of Engineers (USACE) upon completion of the Cultural Resource Report and plan set. This review process may take 6 to 8 months. Another permit required for Site 1 is a Flood Control Permit through Los Angeles County Flood Control District (LACFCD). The application for this permit has been submitted and is pending plan check review. This review process may take 5-6 weeks.

Due to the extensive review process, SWA Group, Inc. was requested to prepare an added service for separating the construction documentation set and creating three stand-alone packages.

Package 1 includes sites 2/3/4. Package 2 includes site 1, specifically improvements listed on USACE Operations and Maintenance Manual, and package 3 includes all other improvements that require in-depth USACE review for site 1.

The additional services requested from the City were originally part of the proposal’s scope SWA provided but inadvertently excluded from the executed Second Amendment. Approving this amendment ensures continuity of design oversight and construction administration services critical to successful project execution.

The scope of services shall include:

A. Package 1: Site 1 – LA River Bike Path (Maintenance Improvements)

1. Coordination with City & Design Team

2. 100% Construction Documentation Package & Specifications

3. Bidding & Construction Support

4. Preparing Record Drawings
B. Package 2: Site 1 – LA River Bike Path (Landscape, Lighting, and Irrigation)

1. Coordination with City & Design Team

2. 100% Construction Documentation Package & Specifications

3. Bidding & Construction Support

4. Preparing Record Drawings
C. Package 3: Site 2/3/4

1. Coordination with City and Design Team

2. 100% Construction Documentation Package & Specifications

3. Bidding & Construction Support

CONCLUSION

“Serving The People "Sirviendo A La Comunidad"
Staff Report
5/6/2025 Page 3 of 3

City staff recommends approving this Third Amendment to the Professional Services Agreement with SWA Group, Inc. for an add service request and term extension to allow SWA Group, Inc. to continue with the progress of the project.

FINANCIAL IMPACT
The fee for these services shall be provided in an amount not-to-exceed $80,804. This additional service cost has been allocated through the Clean California Grant.

STRATEGIC PLAN CORRELATION
Goal E City Infrastructure and Service Delivery:

Objective 1:

Ensure high-quality infrastructure to continue connectivity throughout the community.

Objective 3:

Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

ATTACHMENTS
A. Draft Third Amendment between the City of Cudahy and SWA Group, Inc.

B. SWA Group, Inc. Add Service Request for Professional Services

1 2025

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Design Phase Engineering Services)
(Parties: SWA Group, Inc. and City of Cudahy)
THIS THIRD AMENDMENT (hereinafter, “THIRD Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated May 2, 2023 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of _____________ 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and SWA Group, Inc. (hereinafter, “CONSULTANT”).

For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONSULTANT. The capitalized term “Party” may refer to either CITY or CONSULTANT, interchangeably as appropriate.

RECITALS
This THIRD AMENDMENT is made and entered into with respect to the following facts:

WHEREAS, on May 2, 2023, the Parties executed and entered into the Master Agreement with SWA Group, Inc., to provide Design Phase Engineering Services for the Los Angeles River Area Improvement Project; and
WHEREAS, the Master Agreement was subsequently amended on June 4, 2024, by way of a First Amendment to amend the Scope of Work to provide geotechnical services in the additional amount of TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY ($24,680) (hereinafter the “First Amendment”); and WHEREAS, the Master Agreement was subsequently amended on December 17, 2024, by way of a Second Amendment to extend the term to June 30, 2025, and amend the Scope of Work to provide additional services in the not-to-exceed amount of ONE HUNDRED EIGHTEEN THOUSAND THREE HUNDRED THIRTY-EIGHT ($118,338) (hereinafter the “Second Amendment”); and
WHEREAS, the Master Agreement, as amended by way of the First Amendment and Second Amendment is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now agree to extend the term and amend the Scope of Work to provide Services attached and incorporated hereto as Exhibit “B”; and NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference.

SECTION 2. Section 1.1 “Scope of Services” is hereby amended to include the added services as set forth in Section 4 of the attached Exhibit B.

Attachment A Page 328 of 568
2 SECTION 3. Section 1.2 “Term” of the Master Agreement is hereby amended extending the term for one year to June 30, 2026.

SECTION 4. The Not-To-Exceed Sum as set in section 1.3 (B) of the Master Agreement is hereby increased by an additional EIGHTY THOUSAND EIGHT HUNDRED FOUR ($80,804) for a new Not-to-Exceed Sum of SEVEN HUNDRED SIXTY THOUSAND THREE HUNDRED NINETY-TWO ($760,392).

SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, as amended by the way of the First Amendment and Second Amendment, shall remain binding, controlling, and in full force and effect. The Amendments and Master Agreement including exhibits shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in all three documents. (SIGNATURES ON NEXT PAGE)

3 IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY OF CUDAHY:

By: ________________________________
Alfonso Noyola, ICMA-CM
City Manager

Date:

APPROVED AS TO FORM:

By: ________________________________
Stephanie Arechiga,
City Attorney
Date:

SWA GROUP INC.:

By: ____________________________
Name: _________________________
Title: __________________________
Date:

4 EXHIBIT “A”

MASTER AGREEMENT/FIRST AND SECOND AMENDMENT

1 2024

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Design Phase Engineering Services)
(Parties: SWA Group, Inc. and City of Cudahy)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated May 2, 2023 (hereinafter, the “Master Agreement”), is hereby made and entered into this 17th day of December 2024 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and SWA Group, Inc. (hereinafter, “CONSULTANT”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONSULTANT. The capitalized term “Party” may refer to either CITY or CONSULTANT, interchangeably as appropriate.

RECITALS
This SECOND AMENDMENT is made and entered into with respect to the following facts:

WHEREAS, on May 2, 2023, the Parties executed and entered into the Master Agreement with SWA Group, Inc., to provide Design Phase Engineering Services for the Los Angeles River Area Improvement Project; and
WHEREAS, the Master Agreement was subsequently amended on June 4, 2024, by way of a First Amendment to amend the Scope of Work to provide geotechnical services and amended the total contract amount to TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY ($24,680) (hereinafter the “First Amendment”); and WHEREAS, the Master Agreement, as amended by way of the First Amendment is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now agree to extend the term of the Master Agreement and amend the Scope of Work to provide Services attached and incorporated hereto as Exhibit “B.”
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference.

SECTION 2. Section 1.1 “Scope of Services” is hereby amended to include the scope of services as set forth in Section 2 of the attached Exhibit B.

SECTION 3. Section 1.2 “Term” of the Master Agreement is hereby amended, extending the Term for one year, to June 30, 2025.

SECTION 4. The Not-to-Exceed Sum as set in section 1.3 (B) of the Master

2 Agreement is hereby increased by an additional ONE HUNDRED EIGHTEEN THOUSAND THREE HUNDRED THRITY-EIGHT ($118,338) for a new Not-to-Exceed Sum of SIX HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED EIGHTY-EIGHT ($679,588).

SECTION 5. Except as otherwise set forth in this Second Amendment, the Master Agreement, as amended by the way of the First Amendment, shall remain binding, controlling, and in full force and effect. The Amendments and Master Agreement including exhibits shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in all three documents. (SIGNATURES ON NEXT PAGE)

lN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY OF CUDAHY: SWA GROUP INC.:
e
By.

Alfo
City
Noyola, lC M
1rr". Gerdo Aquino anager
,',,". Co-CEO/Principal
Date:

APPROVED AS TO FORM:

By:

Stephanie Arechiga
City Attorney
Date
By
DajrJ. 1211912024
12/19/2024

4 EXHIBIT “A”

FIRST AMENDMENT & MASTER AGREEMENT

FIRST AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT
(Parties: City of Cudahy and SWA Group, Inc.)
(Engagement: Design Phase Engineering Services)

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Amendment”) to that certain agreement entitled, “Design Phase Engineering Services” and dated May 2, 2023 (hereinafter, the “Master Agreement”), is hereby made and entered into this 4th day of June, 2024 (hereinafter, “Effective Date”) by and between the City of Cudahy, a municipal corporation (hereinafter, “City”) and SWA Group, Inc., (hereinafter, “Consultant”). For purposes of this Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City of Consultant, interchangeably as appropriate.

RECITALS
This Amendment is made and entered into with respect to the following facts:

WHEREAS, on May 2, 2023, the Parties executed and entered into the Professional Services Agreement, Exhibit “A”, to provide Design Phase Engineering Services for the Los Angeles River Area Improvement Project for the City; and WHEREAS, the Parties wish to amend the Scope of Work to provide additional services set forth in Exhibit “B”; and
WHEREAS, the amendment for the Scope of Work will also require an increase in the Not-to-Exceed Sum of the Master Agreement in the amount of TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY ($24,680).

NOW, THEREFORE, in consideration of the mutual agreement contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1.1 of the Master Agreement is hereby amended to include geotechnical services for site 3 and site 4 of the Los Angeles River Area Improvement Project.

SECTION 2. The Not-to-Exceed Sum as set in section 1.3 (B) of the Master Agreement is hereby increased an additional TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY ($24,680) for a new Not-to-Exceed Sum of FIVE HUNDRED SIXTYONE THOUSAND TWO HUNDRED FIFTY ($561,250).

SECTION 3. Except as otherwise set forth in this Amendment, the Master Agreement shall remain binding, controlling, and in full force effect. The Amendment and Master Agreement including exhibits shall constitute the entire, complete, final, and

\,
exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Amendment shall be deemed a part of the MasterAgreement and except, as otherwise provided underthisAmendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Master Agreement, the provisions of this Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further. lN WITNESS WHEREOF, the Parties hereto have caused thisAmendment to be executed on the day and year first appearing above.

CITY OF CUDAHY: swA GROUR rNC.:

By:

Noyola,
City Manager
Date 1t ?D
APPROVED AS TO FORM:

By:

Stephanie iga
City Attorney
Date
Gerdo Aquino
Co-CEO / Principal
Date: 611012024
By:

EXHIBIT A
Master Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
(SWA Group, Inc. - Design Phase Engineering Services )
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 2nd day of May, 2023 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and SWA GROUP, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services: design phase engineering for the preparation of plan, specifications, and estimates for Cudahy Los Angeles river area improvement project; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and
WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall have a term of commencing from May 2, 2023 to June 30, 2024 unless CITY issues written notice of its intent to extend the term of this agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is attached and incorporated hereto as Exhibit "B" (hereinafter, the “Approved Rate Schedule”).

B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $536,570 (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the Superintendent and the Director of Fiscal Services. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice.

CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Public Works Director, Aaron Hernandez-Torres, (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Gerdo Aquino, CoCEO / Principal to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT

2.3 agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and

without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the

performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent.

Such CGL Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and limit shall apply separately in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability. See insurance requirements attachment for details.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed