Cudahy City Council
June 3, 2025

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, June 3, 2025 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar Loza, Mayor
Cynthia Gonzalez, Vice Mayor
Martin U. Fuentes, Council Member
Amanda Gomez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in person,
telephonically, and electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 819 1306 5118
https://us06web.zoom.us/j/81913065118

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gomez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar Loza

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Greater LA County Vector Control District Presentation B. Los Angeles County Sewer Service Rate Increase Presentation

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments,

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Approval of the Local Agency Investment Fund (LAIF) for the Month of April 2025 (page 9) Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2025 in the amount of $11,413,820.63.

B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of April 2025 (page 13)
Presented by the Finance Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,900,675.18 including the Statement of Investments for the month of April 2025.

C. Adoption of Resolution No. 25-25 Approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025-26 to comply with the Road Repair and Accountability Act of 2017 (SB1 BEALL) (page 25)
Presented by the Senior Engineer
Recommendation: The City Council is requested to adopt Resolution No. 25-25, approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025-26 to comply with the Road Repair and Accountability Act of 2017 (SB1 Beall).

D. Approve the Engineer’s Report and Set the Public Hearing to Consider Annual Assessment within the City of Cudahy Street Lighting Assessment District (page 33) Presented by the Public Works Director
Recommendation: The City Council is requested to:

1. Adopt Resolution No. 25-26 Initiating Proceedings and Ordering the Preparation of an Engineer’s Report for the City of Cudahy Street Lighting Assessment District

2. Adopt Resolution No. 25-27 Approving the City Engineer’s Report and Declaring the Intention of the City to Hold a Public Hearing and Levy the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District
E. Consideration to Review and Approve the Draft Minutes of May 6, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 55) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 6, 2025.

13. PUBLIC HEARING
A. Presentation on the City of Cudahy’s Vacancies, and Recruitment and Retention Efforts Pursuant

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

to AB 2561 (page 69)
Presented by Presented by the Community Services Director/Acting Human Resources Manager Recommendation: The City Council is recommended to take the following action(s):

1. Receive and file the presentation; and

2. Open the public hearing and receive public comment, testimony and any written protests regarding these proceedings.

14. BUSINESS SESSION
A. Approval of Right-of-Way Use Agreement with the Gateway Cities Council of Governments (GCCOG) for the Installation, Maintenance, and Operation of the Gateway Cities Regional Fiber Optic Network within the City’s boundaries (page 73)
Presented by the Public Works Director
Recommendation: Staff recommends that the City Council:

1. Approve the Right-of-Way (ROW) Use Agreement between the City and the Gateway Cities Council of Governments for the installation, maintenance, and operation of the Gateway Cities Regional Fiber Optic Network on the City’s rights-of-way; and

2. Authorize the City Manager or designee to administer the Agreement, including approving finalized plans and any other actions in connection with the Agreement.

B. Award a Construction Contract to Hardy & Harper, Inc., for the FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007) (page 85) Presented by the Senior Engineer
Recommendation: The City Council is requested to:

1. Approve the Plans and Specifications for the FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR006; Cecilia Street Improvement Project, STR-007);

2. Authorize the City Manager to execute a contract with Hardy & Harper, Inc. for the Project in the amount of $1,134,741 for the FY 24- 25 Pavement Rehabilitation Program (Wilcox Avenue Street

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007); and

3. Approve 10% construction contingency based on the bidder’s construction cost, to cover unforeseen conditions in the amount of $113,474.00 for utilization by the Public Works Director or designee for potential Construction Change Orders (CCO), and 10% construction management based on the bidder’s construction cost and construction contingency, in the amount of $124,821.50; and

4. Find the FY 24-25 Pavement Rehabilitation Program (“Project”), 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 15301(c) (Class 1 – Existing Facilities).

C. Adopt Resolution No. 25-28 Approve the attached amended and restated JPA Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) (page 279)
Presented by the Senior Engineer
Recommendation: The City Council is requested to adopt Resolution No. 25-28 approving the attached amended and restated JPA Agreement and authorize the City Manager to execute the Agreement between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA).

D. Approval of Memorandum of Understanding Between the City of Cudahy and ScholarMatch (page 301)
Presented by the Community Services Director
Recommendation: The City Council is requested to approve the Memorandum of Understanding (MOU) Between the City of Cudahy and ScholarMatch and Authorize the City Manager to sign the MOU.

E. Presentation of the Preliminary Fiscal Year (FY) 2025-26 City of Cudahy Operating and Capital Budget (City Budget) (page 309)
Presented by the Finance Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 3, 2025, at 6:30 P.M.

Recommendation: The City Council is requested to receive and file the preliminary FY 2025- 26 Operating and Capital Budget and provide feedback for the final budget adoption scheduled on June 17, 2025.

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.8-Conference with Real Property Negotiators
Property: APN 6224-018-007
Agency Negotiator: City Manager, Alfonso Noyola
Negotiating Parties: Primestor Development, Inc.

Discussion regarding price and terms
B. Closed Session Pursuant to Government Code 54956.9(d)(4) – Conference with Legal Counsel - Anticipated Litigation – One (1) Matter
C. Closed Session Pursuant to Government Code Section 54957(b)(1)-Public Employee Recruitment Title of Position Under Consideration: City Manager

17. CLOSED SESSION ANNOUNCEMENT

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 29th day of May 2025
Richard Iglesias
City Clerk

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 1 of 2

STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of April 2025

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2025 in the amount of $11,413,820.63.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On April 1, 2025, the balance in LAIF was $11,289,418.46 (See Attachment).

4. In April 2025, $124,402.17 in interest was received for the 1st quarter of 2025.

5. On April 30, 2025, the balance in LAIF was $11,413,820.63 (See Attachment).

ANALYSIS
Item Number
12A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 2 of 2
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office investment staff at no additional cost to the taxpayer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.

Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.

STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance.

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of April 01, 2025 $11,289,418.46
LAIF Interest earned 124,402.17
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of April 30, 2025 $11,413,820.63
Attachment A Page 11 of 400
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 1 of 2

STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of April 2025

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,900,675.18 including the Statement of Investments for the month of April 2025.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During the month, the Finance Department completed the following demands and payroll:

A/P Demands $1,307,477.38
Payroll $593,197.80
Total: $1,900,675.18
Attachment A
Attachment B
Item Number
12B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2024-25 (Attachment D), and a summary of cash received and disbursed by month during FY 2023-24 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

STRATEGIC PLAN CORRELATION
Goal (Financial Stability and Transparency)
• Provide regular updates to the City Council and Community about the City’s finances.

FINANCIAL IMPACT
The Statement of Investments Report (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums.

C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2024-25 E. Summary of Cash Receipt / Disbursement by Month FY 2023-24 F. Credit Card Payment Detail 2025-03

Attachment A Page 15 of 400

04/03/25 04/17/25 Total
Payroll Check Issued 207.60 - 207.60
(a) Direct Deposits 258,303.36 130,309.68 388,613.04
(b) ICMA & Union Dues 3,015.00 3,115.00 6,130.00
(c) CalPERS Ret & 457 Plan 29,308.59 26,346.08 55,654.67 (d) Payroll taxes 30,474.60 28,860.27 59,334.87
(e) CalPERS Medical 75,432.91 - 75,432.91
(f) Medical 2,568.55 5,256.16 7,824.71
Total Amount 399,310.61 193,887.19 593,197.80
(a) Employees / Council Members / Commissioners
(b) ICMA & Union Dues
(c) CalPERS Retirement & 457 Plan
(d) Federal / State payroll taxes and unemployment
(e) CalPERS Medical (active and retired)
(f) Medical Insurance - Active and Retired employees

CITY OF CUDAHY
Payroll - including payroll taxes and insurance premiums:

Attachment B Page 19 of 400
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 4,063,882.06 20.05%
Successor Agency - 0688 Wells Fargo 4,085,575.58 20.15% Checking - 7128 Wells Fargo 534,674.60 2.64%
Payroll - 4570 Wells Fargo 164,717.63 0.81%
Money Market Account Bank of New York (BNY) (a) 9,308.16 0.05% Pooled Savings State Local Agency 11,413,820.63 56.30%
Investment Fund (LAIF)
Total 20,271,978.66 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Joshua Calhoun
Joshua Calhoun
Finance Director

CITY OF CUDAHY
Statement of Investments
April 30, 2025
Attachment C Page 20 of 400
Month
Receipts Disbursement
July 2024 $ 1,537,864.08 $ 3,641,311.49 (a)
August 2024 995,697.04 1,290,369.09
September 2024 913,424.92 3,023,210.74 (b)
October 2024 1,231,618.97 2,197,219.69 (c)
November 2024 210,291.23 842,168.80
December 2024 808,306.87 1,601,849.17
January 2025 3,780,451.34 (d) 1,721,266.39
February 2025 880,961.79 1,447,014.74
March 2025 900,181.23 1,561,541.79
April 2025 1,786,755.19 (e) 1,900,675.18
May 2025
June 2025
Total: $ 13,045,552.66 19,226,627.08
Note (a) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (b) - Includes $1.7M Debt Service payment
Note (c) - Includes Aug & Sep Sherrif invoice payments
Note (d) - Includes $1.888M in Motor Vehicle In-Lieu taxes Note (e) - Includes $319K in Franchise Fees
Month
Cash Receipts Disbursement
July 2024 $ 963,942.68 $ 2,896,825.05 (1)
August 2024 678,458.46 1,051,901.91
September 2024 545,421.73 998,247.07
October 2024 765,107.19 1,845,289.62 (2)
November 2024 133,653.35 647,782.87
December 2024 571,683.73 1,210,748.09
January 2025 3,218,974.09 1,364,627.64
February 2025 557,476.33 1,172,987.78
March 2025 605,946.32 1,221,490.94
April 2025 1,158,417.08 1,577,473.09
May 2025
June 2025
Total: $ 9,199,080.96 $ 13,987,374.05
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (2) - Includes Aug & Sep Sherrif invoice payments
Note (3) - Includes $1.888M in Motor Vehicle In-lieu taxes All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2024-2025 Attachment D Page 21 of 400
Month
Receipts Disbursement
July 2023 $ 1,698,263.55 $ 2,043,188.80 (a)
August 2023 1,570,904.87 3,148,357.16 (b)
September 2023 1,125,855.21 1,693,834.27
October 2023 1,259,614.45 848,009.43
November 2023 1,061,252.71 1,514,985.44
December 2023 770,294.89 1,120,942.42
January 2024 3,400,198.28 (c) 2,880,738.20 (d)
February 2024 1,189,496.91 1,382,500.65
March 2024 846,479.31 1,818,213.76 (e)
April 2024 1,764,923.25 1,399,214.40
May 2024 2,994,309.17 (f) 1,090,538.63
June 2024 1,114,305.30 1,906,535.54
Total: $ 18,795,897.90 20,847,058.70
Note (a) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (b) - Includes $1,893,444 to Siemens Industries
Note (c) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (d) - Includes $1,141,928 paid to LA County Sheriff - 3 invoices Note (e) - Includes $158,445 paid to National Auto Fleet - vehicle Note (f) - Includes $1,786,952 in Motor Vehicle In-lieu receipt Month
Cash Receipts Disbursement
July 2023 $ 913,951.26 $ 1,604,912.00 (1)
August 2023 1,069,666.17 2,784,467.93 (2)
September 2023 797,120.38 1,543,754.51
October 2023 759,320.17 710,945.37
November 2023 632,862.51 1,244,543.67
December 2023 526,471.62 679,307.44
January 2024 2,671,465.70 (3) 2,421,667.28 (4)
February 2024 740,080.40 1,107,319.93
March 2024 563,376.03 1,261,506.18
April 2024 1,187,411.21 1,169,015.14
May 2024 2,640,204.13 (5) 567,429.42
June 2024 872,580.09 1,373,988.45
Total: $ 13,374,509.67 $ 16,468,857.32
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (2) - Includes $1,893,444 to Siemens Industries
Note (3) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (4) - Includes $158,445 paid to National Auto Fleet - vehicle Note (4) - Includes $1,786,952 in Motor Vehicle In-lieu receipt.

All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2023-2024 Attachment E Page 22 of 400
Supplier - Name Amount G/L Acct
Residence Inn Downtown 3,484.56 Hotel for CA Parks and Recreation Society Conference.

La Zoo 924.00 Community Excursion to the LA Zoo
Southwes 898.50 2025 ASPA Annual Conference
Adobe *adobe 671.72 Adobe Acrobat Monthly Subscription
Msft * E0300vrcms 648.00 Microsoft Office 365 Monthly Subscription Www.Soscleanroom.Com 644.43 Waterless urinal cartridges for clara park.

Raising Canes 1022 Mob 597.22 Lunch for all staff training 4imprint, Inc 534.85 Pens and totes for special events.

Hyatt Centric Sacramento 534.24 Housing Conference Hotel for K. Cornejo Vivint Inc/Us 522.85 Alarm company
Allpartitio 496.94 Park Maintenance & Supplies
Staples 00113670 443.14 Office Supplies
Autograph Mayflower 439.45 Travel and meetings
Hp *hp.Com Store 429.96 Office Supplies
Www.Ui.Com 429.65 Office Equipment
Ferguson Ent 1456 420.56 Park Maintenance & Supplies
Smart And Final 319 407.98 Office Supplies
Localprog* 2025 Nation 400.00 Travel and meetings
Iimc 370.00 Professional Membership
Embassy Suites Downey 349.25 Training and Education
Capio - Ca Association Of 335.00 Professional Membership Msft * E0300vrl43 334.71 Subscription
Sq *agua Y Salud 322.00 Office Supplies
Sq *sanchez Awards 310.90 Plaques and Badges
Remotepc 818-275-5909 299.50 Subscription
Kully Supply 299.24 Park Maintenance & Supplies
Robert Brooke & Associate 292.26 Park Maintenance & Supplies Bangor Cork 271.73 Special Projects
Ok Printing Design & Digi 240.00 Advertising
The Ups Store 5391 237.00 Employee Physical
Lees Bbq & Boba 235.94 Office Supplies
Golden Bowl 17 197.16 Office Supplies
Mimis Cafe (Downey Ca #1 194.00 Training and Education
Vistaprint 186.26 Special Projects
Samsclub.Com 163.41 Office Supplies
Homedepot.Com 163.17 Special Event
Lowes #00907 163.16 Office Supplies
Business.Apple.Com 144.56 Subscription
U-Haul At Atlantic Ave 133.66 Program Supplies
Jersey Mikes Online Uc 128.85 Office Supplies
Www.Gomsa.Net 128.75 Training and Education
1-800-Flowers.Com,inc. 123.45 Office Supplies
La Princessa Bakery Cafe 106.63 Travel and meetings
Puntip Cuisine Llc 106.25 Travel and meetings
El Pescador 7 102.60 Travel and meetings
Starbucks 800-782-7282 101.85 Training and Education
Purpleheart 100.90 Special Projects
Grant Writing Usa 100.00 Training and Education
Cudahy 89.94 Vehicle Maintenance
Gih*globalindustrialeq 84.05 Park Maintenance & Supplies Staples Inc 82.19 Office Supplies
Chick-Fil-A #04415 81.35 Office Supplies
Los Andes Restaurant 72.20 Travel and meetings
Laz Parking L47180-Ski 60.00 Travel and meetings
Fedex Offic10200010249 59.31 Special Projects
Lyft *ride Thu 2pm 47.73 Travel and meetings
Lyft *ride Fri 10am 46.87 Travel and meetings
Norms - Downey 44.22 Travel and meetings
Amazon Mktpl 44.04 Park Maintenance & Supplies
Cudahy Sinclair 41.27 Gasoline
Zoom.Com 888-799-9666 40.00 Office Supplies
Elpolloloco 37.02 Travel and meetings

CITY OF CUDAHY
Credit Card Payment Detail
Mar 01, 2025 to Mar 31, 2025 paid on Apr 07, 2025

Attachment F Page 23 of 400
Supplier - Name Amount G/L Acct
Wm Supercenter #3180 32.63 Special Event
Msft * E0300vrl6n 32.00 Subscription
Sq *grannys Donuts No 27 29.00 Office Supplies
Walmart.Com 25.93 Senior Activities
Msft * E0300vrl44 16.00 Subscription
Sprouts Farmers Mar 11.08 Office Supplies
Hp *instant Ink 5.50 Office Supplies
Ca Secretary Of State Web 5.00 Office Supplies
Ca *cudahylics 4.00 Miscellaneous expense
Tyl*cudahy Fee 2.50 Miscellaneous expense
Grand Total 20,164.07

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STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Ray Casey, Senior Engineer
Subject: Adoption of Resolution No. 25-25 Approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025-26 to comply with the Road Repair and Accountability Act of 2017 (SB1 BEALL)

RECOMMENDATION
The City Council is requested to adopt Resolution No. 25-25, approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025-26 to comply with the Road Repair and Accountability Act of 2017 (SB1 Beall).

BACKGROUND

1. On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

2. From 2017 to 2024, the Cudahy City Council has adopted Resolution Numbers 17-19, 18- 15, 19-11, 20-18, 21-15, 22-27, 23-22 and 24-23 approving the Local Streets and Road Funding Program Project List for Fiscal Years (FYs) 2017/18, 2018/19, 2019/20, 2020/21, 2021/22, 2022/23, 2023/24 & 2024/25 respectively to comply with the road repair and accountability Act of 2017 (SB1 BEALL).

ANALYSIS
Road Maintenance and Rehabilitation Account (RMRA), SB1 Beall The Road Repair and Accountability Act of 2017 (SB1 Beall) is a significant new investment in California's transportation systems of about $5.2 billion per year. The Act increases per gallon Item Number
12C

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fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilizes the problematic price-based fuel tax rates and provides for inflationary adjustments to rates in future years. The Act will more than double local streets and road funds allocated through the Highway Users Tax Account, allocating funds from new taxes through a new "Road Maintenance and Rehabilitation Account (RMRA). Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects "that include, but are not limited to," the following: Road maintenance and rehabilitation; Safety projects; Railroad grade separations; Traffic control devices; and Complete Street components, "including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project." Maintenance of Effort: RMRA
The Road Repair and Accountability Act contains a local agency Maintenance of Effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city and county general revenue spending on streets and roads. For example, if a city had programmed certain General Funds for streets and road repairs; the City cannot remove the General Fund monies and replace them with new SB1 monies to fund an existing street and road repairs program/expenditures. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than the average of FY 2009-10, FY 2010-11, and FY 2011-12 years.

In summary, in order to receive an allocation or apportionment pursuant to Section 2032, the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the Fiscal Years 2009–10, 2010–11, and 2011–12, as reported to the Controller pursuant to Section 2151.

Spending Plans and Reports: RMRA
The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted City’s resolution. The list must include for each project: description, location, schedule, useful life. [Streets and Highways Code Sec 2034(a)] The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including description; location; funds expended, completion date and estimated useful life of the project.

The City’s allocation for FY 2025-26 is estimated to be $597,490 per Local Streets and Roads – Projected Revenues for FY2025-26 Road Maintenance and Rehabilitation Account (RMRA)), based on State Department of Finance statewide estimate dated January 15, 2025 (page 5 of 16).

The City’s required local Maintenance of Effort (MOE) amount for FY 2025-26 is estimated to be $0.

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Total amount for the RMRA for FY2025-26 is $597,490 plus RMRA MOE ($0) equals $597,490.

This total amount will be allocated to the proposed project identified below.

City of Cudahy Use of SB1 Funds and the Required Local Match As indicated above, the City’s MOE is $0 and the State’s allocation for FY 2025-26 is $597,490, which means that the City would be required to expend $0 in local match on approved projects in order to receive the allocated funds of $597,490.

The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
• FY 25-26 Pavement Rehabilitation Program: Roadway rehabilitation including asphalt coldmill and overlay, and slurry seal on the following streets as listed on City’s pavement management system. Project locations include select segments of Santa Ana St.

The following previously proposed and adopted project will utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
• Cudahy Citywide Complete Streets Improvement Project: Roadway rehabilitation including asphalt coldmill & overlay on Atlantic Avenue between Florence Avenue and Patata Street.

CONCLUSION
City Council approval of the proposed Resolution No. 25-25, approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025-26 to comply with the Road Repair and Accountability Act 2017 (SB1 Beall), will bring approximately $597,490 in Road Maintenance and Rehabilitation Account (RMRA) funds to Cudahy for street rehabilitation eligible projects per the Road Repair and Accountability Act of 2017 (SB1 Beall).

STRATEGIC PLAN CORRELATION
Goal E, Objectives 1, 3, 4, and 7.

FINANCIAL IMPACT
The proposed SB1 Project is included in the 2024-2028 City of Cudahy Capital Improvement Program (CIP) and it will be included in the city’s budget (SB1–RMRA funds). Since there is no Maintenance of Effort (MOE) for Cudahy, no City’s General Funds will be used for this project in FY 2024-25 and future years for Cudahy to be eligible to receive annual RMRA funds.

It is anticipated that the City will receive $597,490 from the RMRA Fund for FY2025/26. Staff

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has proposed that those funds be used towards the proposed 2025/26 RMRA Project under SHC Section 2030.

ATTACHMENTS
A. Draft Resolution No. 25-25 approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2025/26 to comply with the Road Repair and Accountability Act 2017 (SB1 Beall)

RESOLUTION NO. 25-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, APPROVING THE LOCAL

STREETS AND ROAD FUNDING PROGRAM PROJECT
LIST FOR FISCAL YEAR (FY) 2025/26 TO COMPLY WITH
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
(SB1 BEALL)
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $597,490 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has taken into consideration public input into our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the city maintain and rehabilitate our streets/roads, add active transportation infrastructure throughout the city this year and other similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “fair” condition and this Attachment A Page 29 of 400
Resolution 25-25

revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits for our community.

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2025-26 Road Maintenance and Rehabilitation Account revenues:

Project Title: FY 25-26 Pavement Rehabilitation Program Project Description: Roadway rehabilitation including asphalt coldmill & overlay, and slurry seal at streets identified on City’s Pavement Management System.

Project Location: Select segments of Santa Ana St.

Estimated Project Schedule: Start (07/2025)– Completion (10/2025) Estimated Project Useful Life: 10-15 years
SECTION 3. The previously proposed and adopted projects may utilize fiscal year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery.

With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Cudahy Citywide Complete Streets Improvement Project Project Description: Roadway rehabilitation including asphalt coldmill & overlay at streets identified on City’s Pavement Management System.

Project Location: Atlantic Ave between Florence Ave and Patata St.

Estimated Project Schedule: Start (09/2024)– Completion (12/2025) Estimated Project Useful Life: 10-15 years
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 3rd day of June, 2025.

Resolution 25-25

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

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.25-25 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 3rd day of June, 2025, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

Blank Page

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STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Raul Diaz, Public Works Director
Subject: Approve the Engineer’s Report and Set the Public Hearing to Consider Annual Assessment within the City of Cudahy Street Lighting Assessment District

RECOMMENDATION
The City Council is requested to:

1. Adopt Resolution No. 25-26 Initiating Proceedings and Ordering the Preparation of an Engineer’s Report for the City of Cudahy Street Lighting Assessment District

2. Adopt Resolution No. 25-27 Approving the City Engineer’s Report and Declaring the Intention of the City to Hold a Public Hearing and Levy the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District

BACKGROUND

1. In accordance to the Landscaping and Lighting Act of 1972, Streets and Highways, the City of Cudahy created its Street Lighting Assessment District (the “District”). Annual levies on the properties within the District fund the ongoing maintenance of street lights in the City.

2. Willdan Financial Services (“Willdan”) provides annual administration services for the City of Cudahy’s District.

3. Between April and June 2025, Willdan prepared the City’s Annual Street Lighting Assessment District Engineer’s Annual Levy Report for Fiscal Year 2025/2026 (attached hereto as Attachment C).

Item Number
12D

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ANALYSIS
The City utilizes a city-wide Street Lighting Assessment District in accordance with the provisions of the Landscape and Lighting Act of 1972 to fund the operation and maintenance of the City’s streetlights and traffic signals. The funding sources for the District costs are the parcels within the District. The parcels are assessed by the City through an annual process. This document is the first of the two annual City Council actions regarding the District. By adopting proposed Resolution No. 25-26, the Council will set the maximum assessment that can be levied for Fiscal Year 2025/2026.

The amount of the assessment must be based on an Engineer’s Report. City Council must approve the Engineer’s Report before the City can levy the assessment, however the Council has discretion to modify the Report and approve it as modified.

Additionally, Council must pass a resolution approving the Engineer’s Report and declaring the intention of the City Council to hold a public hearing before it can levy the assessment, and direct staff to publish the resolution of intention and provide notice of a public hearing on the assessment, per Streets & Highways Code § 22626(a).

Following adoption of the resolution, the Landscaping and Lighting Act requires the City to hold a public hearing to consider the levy of the annual assessment prior to approving the levy.

Following the public hearing, the City Council must consider and approve the levy (passing a resolution and providing it to the County Assessor) before August 10, 2025, per Streets & Highways Code § 22625. Accordingly, the City Council would need to approve the assessment at the meeting held on July 15, 2025.

The Resolution of Intention must:

1. Declare the intention of the legislative body to levy and collect assessments within the assessment district for the fiscal year stated therein;

2. Generally describe the existing and proposed improvements and any substantial changes proposed to be made in existing improvements;

3. Refer to the assessment district by its distinctive designation and indicate the general location of the district;

4. Refer to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district;

5. Give notice of the time, as fixed by [Streets & Highways Code] Section 22625, and the place for hearing by the legislative body on the levy of the proposed assessment; and

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6. State whether the assessment is proposed to increase from the previous year.

Staff has prepared, for City Council consideration, Resolution No. 25-27 approving the Engineer’s Report and declaring the intention of the City Council to hold a public hearing before it can levy the assessment. Draft resolution is attached, refer to Attachment B.

CONCLUSION
Resolution No. 25-26 is to initiate this year’s annual assessment process and Resolution No. 25- 27 is for City Council approval of the Engineer’s Report and declaring the intention of the City Council to hold a public hearing and levy the annual assessment to maintain the City of Cudahy Street Lighting Assessment District.

If these resolutions are not approved, it will prevent the City from receiving monies from the Cudahy Street Lighting Assessment District through the Los Angeles County Auditor Controller to pay for the City’s streetlights operation and maintenance services.

FINANCIAL IMPACT
Adoption of proposed Resolution Nos. 25-26 and 25-27 will not impact the City’s General Fund.

State law authorizes the City to include the costs of preparing the Engineer’s Report and administering the District in the total amount of the assessment. The total amount of this year’s engineer’s estimate is $206,242. This cost includes $145,000 for So. Cal Edison Co., $55,000 for Streetlight Maintenance, $4,042 to administer the District, and $2,200 to publish the notice of the public hearing on July 17, 2025 and Resolution No. 25-XX. The total assessment amount for Fiscal Year 2025/26 is anticipated to be $73,510 and the difference of $132,732 will be paid by supplemental funds, Gas Tax monies (Streets & Highways Code § 22526, defining incidental expenses), to equal the total expenses.

No increase or change to the annual assessment rate is proposed for Fiscal Year 2025/2026.

ATTACHMENTS
A. Proposed Draft Resolution No. 25-26 Initiating Proceedings And Ordering The Preparation Of An Engineer's Report For City Of Cudahy Street Lighting Assessment District For Fiscal Year 2025/2026
B. Proposed Draft Resolution No. 25-27 Approving the City Engineer’s Report and Declaring the Intention of the City to Hold a Public Hearing and Levy the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District
C. Street Lighting Assessment District 2025/2026 Engineer’s Annual Levy Report

RESOLUTION NO. 25-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, INITIATING PROCEEDINGS AND ORDERING

THE PREPARATION OF AN ENGINEER'S REPORT FOR

CITY OF CUDAHY STREET LIGHTING ASSESSMENT
DISTRICT FOR FISCAL YEAR 2025/2026
WHEREAS, The City of Cudahy (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California (“1972 Act”), desires to initiate proceedings for Cudahy Street Lighting Assessment District, and for the levy and collection of assessments within the District for Fiscal Year 2025/2026, for the purposes provided therefore in the 1972 Act; and
WHEREAS, The public interest and convenience require the City to initiate proceedings for the levy of assessments within the District for Fiscal Year 2025/2026, for the purposes provided thereof in the 1972 Act; and
WHEREAS, Section 22622 of the 1972 Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the 1972 Act; and
WHEREAS, the City Council of the City of Cudahy determined that the public interest, convenience, and necessity required the installation, construction, and operation of street lighting and appurtenant facilities set forth in Section 22525 of the Streets and Highways Code, State of California, and the maintenance thereof within the incorporated boundaries of the City of Cudahy; and
WHEREAS, Willdan Financial Services, located at 27368 Via Industria, Suite 200, Temecula California, 92590, was appointed “Engineer of Work” with all provisions of Division 15 applicable to the Engineer applied to said “Engineer of Work;” and WHEREAS, Section 22622 requires that an Engineer's Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district; and
WHEREAS, streetlights and traffic signals are installed, maintained, and operated for street purposes; and
WHEREAS, the street light assessments for Fiscal Year 2025/2026 have not increased over those imposed for Fiscal Year 2024/2025; and Attachment A Page 36 of 400
Resolution No. 25-26

WHEREAS, Proposition 218, Right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution which exempts any assessments imposed when persons owning all of the parcels subject to the assessment agreed to being included in the District and subject to the assessment at the time the assessment is initially imposed; and
WHEREAS, each and every property owner comprising all of the parcels within the District was conditioned to install improvements and agreed to their parcels being included in the District when the assessments were initially imposed; and

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. The Engineer of Work is ordered to prepare the report for Fiscal Year 2025/2026 in accordance with Article 4, Division 15, of the Streets and Highways Code, “Landscaping and Lighting Act of 1972” of the State of California, to reflect the benefit determination outlined above; and
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 3rd day of June, 2025. __________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Resolution No. 25-26

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. 25-26 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 3rd day of June, 2025, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Richard Iglesias
City Clerk

RESOLUTION NO. 25-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY APPROVING THE CITY ENGINEER’S REPORT

AND DECLARING THE INTENTION OF THE CITY

COUNCIL TO HOLD A PUBLIC HEARING AND LEVY THE

ANNUAL ASSESSMENT TO MAINTAIN THE CITY OF

CUDAHY STREET LIGHTING ASSESSMENT DISTRICT
WHEREAS, the City of Cudahy has a Street Lighting Assessment District formed pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code §§ 22500 et seq.; and
WHEREAS, an Engineer’s Report is required to be prepared and filed each year outlining the proposed budget and assessment, the proposed improvements to be maintained and the changes to the Assessment District in order to levy and collect assessments on any following fiscal year; and
WHEREAS, the City Council intends to levy and collect assessments from the parcels within the Assessment District during Fiscal Year 2025/2026, located within the City of Cudahy; and
WHEREAS, annual levies on the properties within the Assessment District fund the ongoing maintenance of street lights in the City; and WHEREAS, the amount of the assessment must be based on an Engineer’s Report; and
WHEREAS, the City Engineer has submitted a Report for consideration by the City Council; and
WHEREAS, prior to levying an assessment on the properties in the District, the City Council must adopt and publish a resolution of intention to levy the assessment and notice and hold a public hearing on the assessment; and WHEREAS, this Resolution is adopted pursuant to Section 22624 of the State of California, Streets and Highways Code.

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. It is the intent of the City Council of the City of Cudahy to levy and collect assessments within the City of Cudahy Street Lighting Assessment District for Fiscal Year 2025/2026. This Resolution No. 25-XX, is a resolution of intention, consistent with the provisions of the Landscape and Lighting Act of 1972.

Attachment B Page 39 of 400
Resolution No. 25-27

SECTION 2. The Assessment for Fiscal Year 2025/2026 will fund the ongoing maintenance of existing improvements to the City’s street lights. The existing improvements in the Assessment District consist of street lamps that have been installed City-wide. The planned annual maintenance paid for by this year’s assessments includes the day-to-day replacement and repair of damaged street lighting.

SECTION 3. The boundaries of the City of Cudahy Street Lighting Assessment District are coterminous with the boundaries of the City, but do not include any publicly owned parcels.

SECTION 4. The City Council has considered and approved the Report entitled Street Lighting Assessment District 2025/2026 Engineer’s Annual Levy Report, prepared by Willdan Financial Services. The Report contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The Report is a public record of the City and staff is directed to maintain a copy of the Report on file in the Office of the City Clerk.

SECTION 5. The City Council will hold a public hearing to consider the levy of the assessment on or about 6:30 p.m. on June 17, 2025 at 5240 Santa Ana Street, Cudahy, CA 90201.

SECTION 6. Staff is directed to publish a notice of the public hearing on or before June 6, 2025. Staff shall publish the notice at least one time in a newspaper of general circulation, and shall post the notice in at least three (3) places in the City.

SECTION 7. Staff is directed to publish a copy of this Resolution of Intention consistent with the provisions of Streets and Highways Code 22626.

SECTION 8. The Street Lighting Assessment Report provides the basis for the proposed assessment for Fiscal Year 2025/2026. The proposed total assessment levy amount is $73,510. The City is using the same methodology to calculate the assessment amount on each parcel in the District as it did in Fiscal Year 2024/2025. Accordingly, no increase or change to the annual assessment rate is proposed for Fiscal Year 2025/2026.

Resolution No. 25-27

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 3rd day of June, 2025.
__________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Resolution No. 25-27

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. 25-27 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 3rd day of June, 2025, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Richard Iglesias
City Clerk

CITY OF CUDAHY

STREET LIGHTING

ASSESSMENT DISTRICT
2025/2026 ENGINEER’S ANNUAL LEVY REPORT
INTENT MEETING: MAY 20, 2025
PUBLIC HEARING: JUNE 17, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
Attachment C

ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the
City of Cudahy Street Lighting Assessment District
City of Cudahy,
County of Los Angeles, State of California
This Report describes the Cudahy Street Lighting Assessment District including the improvements, budgets, parcels, and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Cudahy
By: ________________________________
Stacee Reynolds, Principal Consultant
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

TABLE OF CONTENTS
I. OVERVIEW .............................................................................................................. 1 A. INTRODUCTION .................................................................................................. 1 B. AUTHORITY FOR THE REPORT ........................................................................ 1 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ......................................... 2 D. PROPOSITION 218 .............................................................................................. 3 II. DESCRIPTION OF THE DISTRICT ......................................................................... 3 A. PLANS AND SPECIFICATIONS FOR THE DISTRICT ....................................... 3 B. ESTIMATED COSTS OF IMPROVEMENTS........................................................ 4 C. DIAGRAM OF DISTRICT ..................................................................................... 4 III. METHOD OF APPORTIONMENT ........................................................................... 4 A. BENEFIT .............................................................................................................. 4 B. ASSESSMENT METHODOLOGY ....................................................................... 6 C. ASSESSMENT ROLL .......................................................................................... 7 IV. BONDS OR NOTES ................................................................................................ 7 V. BUDGET .................................................................................................................. 8 VI. PROPOSED RATES ................................................................................................ 8 VII. ASSESSMENT ROLL .............................................................................................. 9

2025/2026 Street Lighting Assessment District Page 1
I. OVERVIEW
A. INTRODUCTION
To ensure a flow of funds for a portion of the ongoing maintenance and servicing of street lighting facilities and traffic signals within the boundaries of the City of Cudahy (the “City”), the City Council has previously formed the City of Cudahy Street Lighting Assessment District (hereinafter referred to as the “District”).

Adequate lighting on public streets and traffic signals to control the flow of traffic and safe crossing of pedestrians are considered important for public convenience and safety.

Protection of property and reduction of traffic accidents are specific benefits that properties realize within the City. The lighting benefit is directly related to safety and property protection and therefore increases the perceived and actual usability and value of residential, commercial, and industrial properties.

For Fiscal Year 2025/2026, the City initiated the formation of a Landscaping and Lighting District, in accordance with the Landscape and Lighting Act of 1972 and the procedural and substantive requirements of Article XIIID of the California State Constitution (commonly known as “Proposition 218”). The proposed District aimed to fund and maintain various landscaping and lighting improvements, including traffic signals, that would provide special benefits to properties citywide. It was intended to replace the City’s existing Street Lighting Assessment District. A Public Hearing was held on April 15, 2025; however, a majority protest occurred, with more “No” votes than “Yes” votes preventing the formation of the District.

This Engineer’s Report (hereinafter referred to as the “Report”) presents the engineering analysis for the District for Fiscal Year 2025/2026. The proposed lighting assessment for Fiscal Year 2025/2026 is approximately $73,509.76, as described in this Report within the budget section.

B. AUTHORITY FOR THE REPORT
This Report is prepared pursuant to a Resolution of the City Council ordering an Engineer’s Report and in compliance with the requirements of Chapter 1, Article 4, Landscaping and Lighting Act of 1972 (“1972 Act”), being Part 2 of Division 15, Sections 22500 through 22679 of the Streets and Highways Code, State of California. This Report covers the period from July 1, 2025, to June 30, 2026.

This Report includes plans and specifications for the improvements, an estimate of the costs of the improvements, a listing of the proposed assessment against the parcels or lots that benefit from the improvements, and a diagram of the assessment district showing the boundaries of the District. Note, the boundaries of the District are coterminous with those of the City and, by reference, are hereby made part of this Report. The Report is hereby presented to the City Council for its review and preliminary approval as presented, or as the City Council may determine it should be modified prior to approval.

After the Report is preliminarily approved, the City Council may adopt a Resolution of Intention that describes the improvements, refers to the Report for details of the District, and sets a time and place for a public hearing on the proposed levy of assessments.

2025/2026 Street Lighting Assessment District Page 2
Assessments for this District are being levied for the following improvements within the District:

1. The maintenance and servicing of arterial streetlights that provide a special benefit to all assessable parcels within the District whether or not such parcels are in close proximity to such lights.

2. The maintenance and servicing of local streetlights in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels.

3. The maintenance and servicing of traffic signals that contribute to traffic flow, thereby providing a measure of safety and pedestrian and vehicular accessibility to residential, commercial, and industrial properties.

The 1972 Act, in Section 22573, states that the "net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Details of the formula being used to spread the assessments throughout this District are found under the heading "Assessment Methodology."
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

The 1972 Act states “incidental expenses” include all of the following:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
 The costs of printing, advertising, and the publishing, posting, and mailing of notices.
 Compensation payable to the County for collection of assessments.

2025/2026 Street Lighting Assessment District Page 3
 Compensation of any engineer or attorney employed to render services.  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines “maintain” or “maintenance” to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

D. PROPOSITION 218
In November 1996 voters of the State of California passed Proposition 218 that added Article XIIID to the California Constitution requiring new procedures for assessment districts. Article XIIID requires that assessments comply with stated provisions by July 1, 1997, unless an assessment district meets certain exemptions. The exemptions from the procedural and approval requirements are set forth in Section 5 of the Article and include the following:
“(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.”
The District qualifies as an existing assessment with the District funding items that are considered exempt under provision (a) quoted above, specifically street improvements.

Using the definitions provided by the Office of the Controller for the State of California in the Guidelines Relating to Gas Tax Expenditures published by the Division of Local Government Fiscal Affairs, street improvements include street lighting and traffic signals.

II. DESCRIPTION OF THE DISTRICT
A. PLANS AND SPECIFICATIONS FOR THE DISTRICT
A diagram showing the size and location of streetlights and traffic signals to be maintained and serviced in each zone in the District is on file with the City Clerk and is hereby incorporated by reference.

2025/2026 Street Lighting Assessment District Page 4
The street lighting and traffic signal system shall be maintained and serviced to provide adequate illumination and traffic control. Maintenance shall be provided by the Southern California Edison (SCE) and shall include but not be limited to removal, repair, replacement or relocation of light standards, traffic signals, poles, bulbs, fixtures, circuits, and all appurtenances. The level of illumination shall be adequate for the intended purpose in the various Zones. Rates for energy shall be those authorized by the Public Utilities Commission, State of California.

B. ESTIMATED COSTS OF IMPROVEMENTS
The estimated costs of maintenance and servicing the District improvements are shown in the budget, Costs of Improvements, contained in Section V. .

C. DIAGRAM OF DISTRICT
The exterior boundary of the District is coterminous with the exterior boundary of the City of Cudahy.

Each assessable lot or parcel within the Assessment District is identified by the corresponding Los Angeles County Assessor’s parcel number. The Los Angeles County Assessor’s maps are used for descriptions of the lines and dimensions of each lot or parcel within the District. There are three (3) street lighting benefit zones in the Assessment District. The Zone 3 level of benefit is defined as the residential benefit. The Zone 4 level of benefit is defined as non-residential without Atlantic Avenue frontage. The Zone 5 level of benefit is defined as non-residential with Atlantic Avenue frontage.

III. METHOD OF APPORTIONMENT
A. BENEFIT
The cost for maintenance and servicing of the District improvements for the Fiscal Year 2025/2026 have been estimated for all existing streetlights and traffic signals in the City and is shown in Section V, Budget, located on page 7 of this Report. The improvement costs have been distributed to all assessable lots or parcels in the City that have abutting footage on streets in accordance with the following Method of Apportionment and benefit received.

Public Lands and Utility Operating Rights-of-Way
All publicly owned lands and all utility operating rights-of-way of public utilities are exempt from this Assessment District.

Street Lighting Benefit
The installation, maintenance, and servicing of street lighting provides the following benefits to commercial and residential properties in the District:

1. Enhances nighttime commercial, business, and residential living environment through improved visibility and related safety.

2025/2026 Street Lighting Assessment District Page 5

2. Deters nighttime vandalism and crime.

3. Improves ingress and egress to property.

4. Enhances property values, based upon Nos. 1, 2 and 3 above.

The cost of street lighting includes maintenance, electrical energy charges and capital replacement costs. The cost for energy and maintenance for the 2025/2026 Fiscal Year was estimated for existing and new street lighting in the City. The cost of energy and maintenance for all streetlights owned by Southern California Edison (SCE) is in accordance with SCE rate schedules, with rate adjustment costs estimated for the fiscal year from an analysis of rate information provided by SCE. Costs for City-owned streetlights are similarly estimated using criteria modified, however, due to City ownership of the system. The cost of street lighting is assessed on a basis of benefit received, and on a specific basis of the frontage of abutting private property on public streets having streetlights.

Nationally, industry standards recommend increasing the intensity of street light illumination from the minimum level specified for local residential streets, to higher levels specified for commercial and arterial streets. (Reference: American National Standard Practice for Roadway Lighting, RP-8, page 11, Table I, Recommendation for Average Maintained Horizontal Illumination.)
Because non-residential properties are often vacant and unattended during late night hours, they are generally more susceptible to vandalism and crime than residential properties. In addition, convenient ingress and egress is more important to non-residential properties than to residential properties, since a larger number of vehicles generally use such properties. For these reasons, non-residential properties derive a greater benefit from street lighting than residential properties. Therefore, properties zoned for nonresidential use are assessed at a higher rate than properties zoned for residential use.

In addition, the benefits of street lighting described above increase with the level of illumination of the street lighting. Because Atlantic Avenue is an arterial street, the level of illumination is higher on that street. Therefore, properties zoned for non-residential use with Atlantic Avenue frontage are assessed at a higher rate than those properties without Atlantic Avenue frontage in the following ratios.

Zone 3 level of benefit (residential) = 1.0
Zone 4 level of benefit (non-residential
without Atlantic Avenue frontage) = 1.5
Zone 5 level of benefit (non-residential
with Atlantic Avenue frontage) = 2.0
The side street or rear street level of benefit to a parcel is estimated at one-half (1/2) of the parcel’s frontage level of benefit.

2025/2026 Street Lighting Assessment District Page 6
The benefit received from street lighting by any assessable lot or parcel in the City has been determined to be in accordance with the following classifications:
 Residential Level of Benefit.
 Non-residential without Atlantic Avenue Frontage Level of Benefit.  Non-residential with Atlantic Avenue Frontage Level of Benefit.

All lots or parcels receiving the same level of benefit have been incorporated into a zone, the boundary of which is defined by the equivalent land use zoning boundary established by the City Planning Commission, approved by the City Council, and shown on official City records. Lots or parcels presently zoned for residential land uses are deemed to receive no greater level of benefit than the residential (Zone 3) level of benefit. Similarly, lots or parcels zoned for non-residential land use without Atlantic Avenue frontage are deemed to receive no greater level of benefit than the non-residential land use without Atlantic Avenue frontage (Zone 4) level of benefit. Finally, lots or parcels zoned for non-residential land use with Atlantic Avenue frontage are deemed to receive no greater level of benefit than the non-residential land use with Atlantic Avenue frontage (Zone 5) level of benefit.

B. ASSESSMENT METHODOLOGY
The amount was apportioned to assessable lots and parcels in the City with frontage abutting on public streets in accordance with the following formula:

Apportionment Formula for Street Lighting
Street Light Benefit (SLB) of Residential Frontage (RF) = _____________Net Assessment for Street Lighting____________ RF + SY(RF)/2 + 1.5 [MF + SY(MF)/2] + 2.0[CF + SY(CF)/2] RF = Residential frontage
SY(RF) = Residential, side street or rear street frontage MF = Non-residential without Atlantic Avenue frontage
SY(MF) = Non-residential without Atlantic Avenue frontage, side street or rear street frontage
CF = Non-residential with Atlantic Avenue frontage
SY(CF) = Non-residential with Atlantic Avenue frontage, side street and rear street frontage
SLB (Residential) =
[(SLB)(RF)] x Frontage + .5[(SLB)(RF)] x Side Street or Rear Street Frontage

2025/2026 Street Lighting Assessment District Page 7
SLB (Non-residential without Atlantic Avenue frontage) =

1.5 [SLB(RF)] x Frontage + .75 [SLB(RF)] x Side Street or Rear Street Frontage SLB (Non-residential with Atlantic Avenue Frontage) =

2.0 [SLB(RF)] x Frontage + 1.0 [SLB(RF)] x Side Street or Rear Street Frontage C. ASSESSMENT ROLL
The Assessment Roll stating the net amount to be assessed upon assessable lands within the District for Fiscal Year 2025/2026 is shown under Section VII, Assessment Roll. The information included therein was obtained from the latest Secured Roll (August 2, 2024) from the County of Los Angeles, Office of the Assessor.

Upon approval of the Engineer’s Annual Levy Report, and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2025/2026. If the parcels or assessment numbers within the District and referenced in this Report, are renumbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council.

IV. BONDS OR NOTES
There are no bonds or notes to be issued in conjunction with the Fiscal Year 2025/2026 assessments for City of Cudahy Street Lighting and Assessment District.

2025/2026 Street Lighting Assessment District Page 8
V. BUDGET
Equipment, Capital Improvements, and Maintenance Expenses Direct Expenses
So. California Edison Co. + $ 145,000
Streetlight Maintenance $ 55,000
Subtotal $ 200,000
Incidental Expenses
Administration $ 4,042
Public Notices 2,200
Subtotal $ 6,242
TOTAL EXPENSES: $ 206,242
Supplement from other funds * 132,732
Subtotal $ 132,732
Assessment for FY 2025/2026 73,510
TOTAL RECEIVABLE $ 206,242
+ Estimate based on actual expenses for FY 2024/2025
* Funds eligible for street maintenance (Gas tax monies) Cost of Improvements Engineer's Estimate
VI. PROPOSED RATES
Proposed Rates- Street Lighting
Zone 3: Residential

Zone 3 Residential Frontage Side/Rear Street
2025/2026 $0.57 $0.29
Zone 4: Non-Residential not on Atlantic

Zone 4 Residential Frontage Side/Rear Street
2025/2026 $0.87 $0.43
Zone 5: Non-Residential on Atlantic
Zone 4 Residential Frontage Side/Rear Street
2025/2026 $1.16 $0.57
- Rates expressed as dollars per frontage foot.
- Individual assessments may vary slightly in the actual levy as rates are calculated to four decimal places then rounded to even cents.

2025/2026 Street Lighting Assessment District Page 9
VII. ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Secured Tax roll for the year in which this Report is prepared.

A listing of parcels assessed within this District along with the assessment amounts is included in the following pages.

Upon approval of the Engineer’s Annual Levy Report and confirmation of assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2025/2026. If the parcels or assessment numbers within the District and referenced in this Report are re-numbered, re-apportioned, or changed by the County Assessor’s Office after approval of the Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council.

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 1 of 2

STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of May 6, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 6, 2025.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Item Number
12E

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
06/03/2025 Page 2 of 2
Clerk (City Clerk) is the record keeper of a City’s recorded history.

William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of May 6, 2025.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. May 6, 2025, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 05/06/2025 Page 1 of 10

MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
May 6, 2025, 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:41 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes (joined via Zoom) Council / Agency Member Amanda Gomez (arrived at 6:48 p.m.) Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
Mayor / Chair Elizabeth Alcantar Loza
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, Assistant City Manager/Community Development Director, Juan Arauz, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Finance Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Public Works Director, Raul Diaz, Assistant to the City Manager, John Peraza, Executive Assistant to the City Manager, Janet Andrade, Senior Engineer, Ray Casey, Senior Planner, Cecilia MadrigalGonzalez, Community Preservation Manager, Raul Mazariegos, and Administrative Analyst, Daniela Trujillo.

3. APPROVAL OF AGENDA
Motion: Vice Mayor Gonzalez motioned to move Presentation item 6E before item 6A and move Consent Calendar item 12C to a new Business Session item 14I, seconded by Mayor Alcantar Loza. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Gonzalez.

Attachment A Page 57 of 400
City Council/Successor Agency Minutes of 05/06/2025 Page 2 of 10

5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Jaime Escalante Elementary School Recognition
B. International Day of Families Proclamation
C. Strategic Plan Update
D. Republic Services Quarterly Update
E. Community Services Department Annual Update

7. PUBLIC COMMENTS
Sergio Mendez mentioned issues at his current residence, shared the services received by the city’s housing specialist and inquired about steps he could take moving forward.

Mario (via Zoom) shared his attendance at the Tweedy Mile Advisory Board Committee meeting where he proposed allocating funds for art projects, stated that he was shocked at how expensive murals are and emphasized his commitment to supporting and advocating for the arts in his city.

Edwin Gonzalez (via Zoom) gave credit to the leadership for some of the projects being implemented, mentioned that he currently relies on the Cudahy Public Library due to the remodeling of the City of Bell Library, shared his book interests, alleged that the leadership in the City of Bell may not be aligned with community needs.

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes shared his recent participation in several events, including Assemblywoman Blanca Pacheco's State of the District luncheon, the annual SCAG Conference in Palm Desert, the Cudahy 5K at Cudahy Park, which he completed and is currently attending the NALEO Policy Institute.

Council Member Gomez thanked staff for organizing the 5K event, which she was unable to attend and expressed her excitement about the completion of Lugo Park.

Council Member Lomelí shared her participation at the City’s 5k, attended the SCAG conference, attended the City of Bell Open Streets event and encouraged staff to

City Council/Successor Agency Minutes of 05/06/2025 Page 3 of 10 collaborate with the City of Bell on future events, met with local safety officials, discussed bringing principals together to discuss the protocol to share flyer since there might be potential misunderstandings and wished everyone a happy Mother’s Day weekend.

Vice Mayor Gonzalez highlighted the recent recognition of Jaime Escalante and requested it to be shared on the City’s social media platforms, mentioned ongoing discussions and meetings regarding street vendors stating an ordinance will be presented to the City Council soon, and announced the upcoming 3rd SELA Standoff event.

Mayor Alcantar Loza echoed Council Member Lomelí’s comments and reported her participation in the Public Safety and Street Vending Committee, shared unable to attend the City’s 5K, raised concerns about street conditions on Otis Avenue near Walnut Street, noting that the potholes are located within the City of Bell and requested collaboration with the neighboring City for repairs. Also brought up maintenance issues with public utility boxes, stated the lamination is falling off the boxes at Atlantic & Cecilia and Atlantic & Santa Ana and requested that they be repaired; also requested a Project Labor Agreement for the City.

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lomelí motioned to waive full reading of resolutions and ordinances, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of April 15, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 15, 2025.

City Council/Successor Agency Minutes of 05/06/2025 Page 4 of 10 B. Conduct the Second Reading of Ordinance No. 760 of the City Council of the City of Cudahy approving Zoning Ordinance Text Amendment (“ZOTA”) No. 2025-01 to amend Chapters 20.20, 20.28, 20.52, 20.84, and 20.88 of Title 20 (“Zoning”) of the Cudahy Municipal Code (“CMC”)
Presented by the Associate Planner
Recommendation: The City Council is recommended to take the following action(s):

Adopt by second reading Ordinance No. 760, approving Zoning Ordinance Text Amendment No. 2025-01 amending Title 20 (Zoning), Chapters 20.20, 20.28, 20.52,

20.84, and 20.88 of the Cudahy Municipal Code.

C. Ratify a Contract for Emergency Structure Demolition at 8420 Atlantic Avenue with Integrated Demolition and Remediation - ITEM MOVED TO BUSINESS SESSION ITEM 14I
Motion: Council Member Lomelí motioned to approve Consent Calendar items 12A and 12B, seconded by Vice Mayor Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

13. PUBLIC HEARING
A. Consideration to Update the Development Impact Fee Schedule for All Development within the City of Cudahy
Presented by the Finance Director
Recommendation: The City Council is requested to open the public hearing and receive public comment, testimony and any written protests regarding these proceedings; and adopt Resolution No. 25-21 updating the Development Impact Fee (DIF) schedule for all development within the City of Cudahy.

At 7:52 p.m. Mayor Alcantar Loza opened public comment, there being none, closed public comment.

Motion: Council Member Fuentes motioned to open the public hearing and receive public comment, testimony and any written protests regarding these proceedings; and adopt Resolution No. 25-21 updating the Development Impact Fee (DIF) schedule for all development within the City of Cudahy, seconded by Vice Mayor Gonzalez. Motion passed 5-0 by the following roll call vote:

City Council/Successor Agency Minutes of 05/06/2025 Page 5 of 10 AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

14. BUSINESS SESSION
A. Award a Contract Services Agreement to Simgel Co. Inc. for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001
Presented by the Senior Engineer
Senior Engineer, Ray Casey announced changes to the staff report. There was an addition on the recommendation to authorize the City Manager to execute the agreement on behalf of the city and the deductive change order in the amount of $1,539,280 changed to $1,305,280.

Recommendation: The City Council is requested to 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; approve Plans and Specifications for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001; 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; 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; authorize the City Manager to approve change orders within the contingency amount; 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 find the Cudahy Los Angeles River Area Improvements project, which includes four 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).

Motion: Council Member Lomelí motioned to 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; approve Plans and Specifications for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001; 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 and authorize the City Manager to execute the agreement on behalf of the City; approve a construction contingency permitting for unforeseen conditions, construction management, construction inspection,

City Council/Successor Agency Minutes of 05/06/2025 Page 6 of 10 administration, design, and force account labor in the amount of $1,081,011; authorize the City Manager to approve change orders within the contingency amount; approve a deductive change order in the amount of $1,305,280 (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 find the Cudahy Los Angeles River Area Improvements project, which includes four 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)., seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
B. 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
Presented by the Administrative Analyst
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.

Motion: Vice Mayor Gonzalez motioned 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-toexceed $80,804, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
C. Consideration to Adopt the City of Cudahy 2025 Citywide Engineering and Traffic Survey
Presented by the Senior Engineer
Recommendation: The City Council is requested to adopt Resolution No. 25-22, approving the City of Cudahy’s 2025 Citywide Engineering and Traffic Survey, so that updated speed limits can be legally enforced using radar at pre-determined locations and

City Council/Successor Agency Minutes of 05/06/2025 Page 7 of 10 will not constitute a “Speed Trap” as defined by California Vehicle Code (CVC) Section 40802.

Motion: Council Member Lomelí motioned to adopt Resolution No. 25-22, approving the City of Cudahy’s 2025 Citywide Engineering and Traffic Survey, so that updated speed limits can be legally enforced using radar at pre-determined locations and will not constitute a “Speed Trap” as defined by California Vehicle Code (CVC) Section 40802, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
D. Task Order with Transtech Engineers, Inc. for the Lugo Park Teen & Fitness Center Renovation Projects PRE-006 (Phase 1) & PRE-009 (Phase 2) Presented by the Public Works Director
Recommendation: The City Council is requested to authorize the City Manager to execute a Task Order with Transtech Engineers, Inc. in the amount of $171,658.20 for the Architectural and Engineering Services for the Lugo Park Teen & Fitness Center Renovation Projects PRE-006 (Phase 1) & PRE-009 (Phase 2).

Motion: Council Member Lomelí motioned to authorize the City Manager to execute a Task Order with Transtech Engineers, Inc. in the amount of $171,658.20 for the Architectural and Engineering Services for the Lugo Park Teen & Fitness Center Renovation Projects PRE-006 (Phase 1) & PRE-009 (Phase 2), seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
At 9:03 p.m. Council Member Lomelí left the Chambers.

E. Consideration to approve the Measure W Safe, Clean Water Program (SCWP) Municipal Transfer Agreement between the City of Cudahy (City) and the Los Angeles County Flood Control District (LACFCD)
Presented by the Senior Engineer

City Council/Successor Agency Minutes of 05/06/2025 Page 8 of 10 Recommendation: The City Council is requested to authorize the City Manager to execute the Measure W Safe, Clean Water Program (SCWP) Municipal Transfer Agreement between the City and LACFCD. The previous three-year agreement expired on June 30, 2024.

Motion: Vice Mayor Gonzalez motioned to authorize the City Manager to execute the Measure W Safe, Clean Water Program (SCWP) Municipal Transfer Agreement between the City and LACFCD. The previous three-year agreement expired on June 30, 2024, seconded by Council Member Gomez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Gomez, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Lomelí
ABSTAIN: None
At 9:06 p.m. Council Member Lomelí returned to the Chambers.

F. Commercial Cannabis Program Updates
Presented by the Senior Planner and Finance Director
Recommendation: The City Council is requested to receive a presentation regarding an update on the Commercial Cannabis Program; and provide feedback on a new monthly Commercial Cannabis webpage and monthly status report.

Motion: Vice Mayor Gonzalez motioned to receive a presentation regarding an update on the Commercial Cannabis Program; and provide feedback on a new monthly Commercial Cannabis webpage and monthly status report, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
G. Declaring the Results of the Property Owner Protest Ballot Proceeding Regarding the Formation of the Cudahy Landscaping and Lighting District Presented by the Finance Director
Recommendation: The City Council is requested to Approve Resolution No. 25-23, declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the formation of the Cudahy Landscaping and Lighting District, Fiscal year 2025/2026, and approving certain related actions.

City Council/Successor Agency Minutes of 05/06/2025 Page 9 of 10 Motion: Council Member Lomelí motioned to approve Resolution No. 25-23, declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the formation of the Cudahy Landscaping and Lighting District, Fiscal year 2025/2026, and approving certain related actions, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
H. Park Safety and Cleanliness Discussion
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to receive and file this report, and provide direction on resource management, public safety operations, and park infrastructure improvements to address concerns about park safety, vandalism, and homelessness in public spaces.

NO MOTION - RECEIVE AND FILE ONLY
I. Ratify a Contract for Emergency Structure Demolition at 8420 Atlantic Avenue with Integrated Demolition and Remediation - ITEM MOVED FROM CONSENT

CALENDAR
Stephanie Arechiga, City Attorney, announced an amendment to add a 3rd recommendation on the staff report to approve resolution 25-24 formally ratifying the emergency declaration.

Presented by the Public Works Director
Recommendation: The City Council is requested to Ratify the City Manager’s declaration of an emergency to the demolition structure located at 8420 Atlantic Avenue, in accordance with the City’s Emergency Municipal Code section 2.44.060; Ratify the approval and execution of a contract with Integrated Demolition and Remediation, Inc., for the demolition of the structure, including minimal and/or non-substantive changes in the amount of $260,825.00; and approve Resolution 25-24.

Motion: Vice Mayor Gonzalez motioned to ratify the City Manager’s declaration of an emergency to the demolition structure located at 8420 Atlantic Avenue, in accordance with the City’s Emergency Municipal Code section 2.44.060; Ratify the approval and execution of a contract with Integrated Demolition and Remediation, Inc., for the demolition of the structure, including minimal and/or non-substantive changes in the amount of $260,825.00; and approve Resolution 25-24, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

City Council/Successor Agency Minutes of 05/06/2025 Page 10 of 10 AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

15. COUNCIL DISCUSSION – NONE
At 10:34 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957(b)(1)-Public Employee Recruitment Title of Position Under Consideration: City Manager B. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees City’s Designated Representative(s) for Negotiations: City Manager Alfonso Noyola Employee Organization: Cudahy Miscellaneous Employees Association (CMEA)
At 10:56 p.m., Mayor Alcantar Loza reconvened to open session.

17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that all five council members were present for both closed session items, direction was given and no further reportable action.

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 10:57 p.m.

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

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STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Brenda Rodriguez, Community Services Director/ Acting Human Resources Manager
Subject: Presentation on the City of Cudahy’s Vacancies, and Recruitment and Retention Efforts Pursuant to AB 2561

RECOMMENDATION
The City Council is recommended to take the following action(s):

1. Receive and file the presentation; and

2. Open the public hearing and receive public comment, testimony and any written protests regarding these proceedings.

BACKGROUND
On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (“AB 2561”) into law, adding a section to the Meyers-Milias-Brown Act (“Meyers-Milias Act”) that creates a new obligation for public agencies to publicly address the status of their vacant job positions and their recruitment and retention efforts during a public hearing at least once per fiscal year, and before adopting the final budget. If the vacancy rate for a bargaining unit exceeds twenty percent (20%), then AB 2561 imposes additional reporting requirements. The California Legislature enacted AB 2561 to address widespread vacancies, which negatively impact the delivery of public service by requiring employees to take on heavier workloads, resulting in burnout and increased turnover.

AB 2561’s affirmative tracking and reporting obligations apply to all public agencies subject to the Meyers-Milias Act. The Meyers-Milias Act governs labor relations and collective bargaining for local public agencies, including cities, counties, and special districts.

Item Number
13A

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Effective January 1, 2025, AB 2561 requires public agencies to comply with the following four (4) provisions:

1. monitor and track job vacancies; and

2. once per fiscal year and before the adoption of the final budget, present information about job vacancy status and the agency’s recruitment and retention efforts at a public hearing before the governing body; and

3. during the public hearing, identify any existing policies, procedures, or recruitment activities that present obstacles in the hiring process, and propose necessary changes to address them; and

4. allow a bargaining unit representative of a recognized employee organization to present at the public hearing.

ANALYSIS
Vacancies Per Classification
Classification Total positions Budgeted
2024-25
Appointed 2 positions 0 vacant
Confidential 5 positions 1 vacant
Management 12 positions 2 vacant
Part time 22 positions 7 vacant
Full time (CMEA) 30 positions 5 vacant
Recruitment and Retention Efforts:

The City of Cudahy conducts all recruitment efforts in-house, except for executive or appointed positions. Recruitment is facilitated through the City’s HR system, NeoGov, which is connected to GovernmentJobs.com. With the addition of the Communications team, the City is now able to market open positions more effectively through various channels.

To support employee retention, the City continues to work in partnership with the Cudahy Miscellaneous Employees Association (CMEA) to ensure wages remain competitive. The City also prioritizes comprehensive training opportunities and provides support to employees to help address workplace concerns and foster a positive work environment.

Cudahy Miscellaneous Employees Association (CMEA):

CMEA has been provided the presentation and made aware that they are able to provide public comment before the City Council.

CONCLUSION
The City Council is recommended to take the following action(s):

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1. Receive and file the presentation; and

2. Open the public hearing and receive public comment, testimony and any written protests regarding these proceedings.

STRATEGIC PLAN CORRELATION
No strategic plan correlation.

FINANCIAL IMPACT
No Fiscal Impact.

ATTACHMENT
None.

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STAFF REPORT
Date: June 3, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Raul Diaz, Public Works Director
Subject: Approval of Right-of-Way Use Agreement with the Gateway Cities Council of Governments (GCCOG) for the Installation, Maintenance, and Operation of the Gateway Cities Regional Fiber Optic Network within the City’s boundaries.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Right-of-Way (ROW) Use Agreement between the City and the Gateway Cities Council of Governments for the installation, maintenance, and operation of the Gateway Cities Regional Fiber Optic Network on the City’s rights-of-way; and

2. Authorize the City Manager or designee to administer the Agreement, including approving finalized plans and any other actions in connection with the Agreement.

BACKGROUND
The Gateway Cities Council of Governments has pursued a $46.1 million grant from the California Public Utilities Commission (CPUC) and entered into a Joint Build Agreement with the California Department of Technology (CDT) to design and construct the Gateway Cities Regional Fiber Optic Network (Network) for a total of $103 million, for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access in the Gateway region.

Private companies have traditionally been responsible for deploying the infrastructure required to provide Internet access to communities; however, they have not consistently invested in the infrastructure to deliver high-speed broadband via a fiber network. In an effort to satisfy this unserved need, local governments have actively analyzed the benefit of investing in fiber Item Number
14A

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network infrastructures to facilitate broadband service.

One of the benefits of investing in a broadband infrastructure is closing the digital divide and enhanced economic development by supplying high-speed Internet access to residents and businesses. Additionally, businesses that require extensive bandwidths for conducting business are able to capitalize on the community’s infrastructure investment.

As a part of its membership in the GCCOG, the City has engaged in the development of the Network, which is being designed to deliver high-speed broadband to the city halls of participating cities and create an opportunity for greater broadband connectivity for residents and businesses in those cities.

ANALYSIS
The Network is being designed to establish 885,444 feet of new fiber optic backbone cable throughout the Gateway region and interconnect with sections of the Statewide Middle Mile Backbone Network (MMBN). Additionally, the Network is being designed to deliver quality scalable broadband to 4,254 unserved locations as determined by CPUC standards.

The current design includes 489,046 feet of underground fiber and 184,402 feet of aerial fiber, upsizing of existing fiber plant. It will also utilize existing partner fiber network. The underground routes for the fiber will be placed within existing rights-of-way while all aerial routes will be attached to pre-existing poles. The fiber routes will ensure redundancy and future capacity with construction of new and existing conduit within previously disturbed rights-of-way within a 288 strand of fiber cable.

The attached Right-of-Way Use Agreement between the City and the GCCOG will allow the City to utilize the Network by granting the GCCOG access to and encroachment of the City’s rightsof-way in perpetuity for the purpose of installing, operating, and maintaining the Network.

Exhibit A to the Agreement shows the current network design within the boundary of the City, and Exhibit B shows the current entire Network design.

The Agreement will grant the City the right to use two (2) strands of dark fiber for municipal purposes (City Strands). The CGCOG will maintain the City Strands for the useful life of the asset. However, the City will be responsible for any required electronics, connections, improvements and equipment required to utilize the City Strands. The City will not have the right to transfer or assign the use of the City Strands.

The Network design as depicted in Exhibits A and B of the Agreement may change due to factors unforeseen before and even during construction, which is common for a project of this magnitude. The GCCOG will work with City staff throughout the construction of the Network

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within the City’s boundaries and will provide to the City as-built maps within sixty (60) days of completion of construction and final inspections.

CEQA Analysis
The GCCOG as the lead agency for the project has determined that the project is categorically exempt from CEQA pursuant to Public Resources Code § 21080.51 and CEQA Guidelines Sections 15301, 15302, 15303, and 15304 because the project consists of linear broadband deployment in a right-of-way by a public entity and meets the requirements of subsection (a) of Public Resources Code § 20180.51. Construction of the project will occur within existing trenches and/or previously disturbed areas and require minor trenching and backfilling.

Installation will take place within city rights-of-way which are currently occupied with existing utilities, including fiber network lines with no expected expansion of physical footprint. The Network consists of underground and aerial fiber infrastructure and any small structures will be buried underground. Any above-ground fibers will be placed on existing utility poles.

CONCLUSION
City staff recommends approving this Right-of-Way Use Agreement with the Gateway Cities Council of Governments to design and construct the Gateway Cities Regional Fiber Optic Network (“GCRFON”), for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access for its participating member cities.

FINANCIAL IMPACT
GCCOG, at no cost to City, shall maintain the City Strands for the useful life of the asset, and City shall provide at City’s cost, all electronics, connections, and other improvements and equipment needed to utilize the City Strands. City shall not have the right to transfer or assign the use of the City Strands.

STRATEGIC PLAN CORRELATION
Goal E City Infrastructure and Service Delivery:

Objective 1:

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

ATTACHMENTS
A. Draft ROW Use Agreement with Exhibits A (City Route Design) and B (GCRFON Design)

1 RIGHT-OF-WAY USE AGREEMENT

BETWEEN THE CITY OF CUDAHY

AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS

FOR THE GATEWAY CITIES REGIONAL FIBER OPTIC NETWORK
This Right-of-Way Use Agreement (“Agreement”) is made by and between the City of Cudahy (“City”) and the Gateway Cities Council of Governments (“GCCOG”). City and GCCOG are each referred to as “Party” and collectively known as the “Parties.”

RECITALS
A. GCCOG has entered into a Joint Build Agreement with the California Department of Technology (“CDT”) and has been awarded a grant by the California Public Utilities Commission (“CPUC”) to design and construct the Gateway Cities Regional Fiber Optic Network (“GCRFON”), for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access for its participating member cities.

B. City desires to participate in the GCRFON project and grant GCCOG the right to use certain portions of its public rights-of-way (“ROW”) for the purpose of installing, maintaining, and operating the GCRFON, as more fully set forth herein.

C. The City Council determines that participating in the GCRFON project serves the public interest, is beneficial for the broadband connectivity of City facilities, and creates an opportunity for greater broadband connectivity for its residents and businesses.

NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, the Parties agree as follows:

1. GCCOG AUTHORIZATION TO ENCROACH UPON CITY PUBLIC RIGHTS-OF-WAY A. Authorization. City hereby grants GCCOG a license to encroach under, on, and along its ROW for the purpose of the installation, maintenance, and operation of the GCRFON upon various portions of City’s ROW, as more specifically depicted in Exhibit A attached hereto and incorporated herein, as may be modified or changed in the final design. GCCOG shall not be required to pay any fees or to obtain any other license or permit from City for the purpose of installing, maintaining, and/or operating the GCRFON.

B. Term. This license is granted in perpetuity.

C. City’s Use of the GCRFON. City shall have the right to utilize two (2) strands of dark fiber, for non-commercial purposes, along the path preliminarily identified in Exhibit B attached hereto and incorporated herein, as may be modified or changed in the final design (“City Strands”). No rent or license fee shall be payable to GCCOG from City for City’s use of the City Strands. GCCOG, at no cost to City, shall maintain the City Attachment A Page 76 of 400
2 Strands for the useful life of the asset, and City shall provide at City’s cost, all electronics, connections, and other improvements and equipment needed to utilize the City Strands.

City shall not have the right to transfer or assign the use of the City Strands.

2. GCCOG’S RESPONSIBILITIES
A. Construction. GCCOG shall communicate and coordinate with City staff regarding the design and construction of the GCRFON. GCCOG shall provide to City staff completed engineering plans, traffic control plans, dates and schedules for construction activities, and other construction details as may arise. GCCOG shall provide City with asbuilt maps within sixty (60) days of completion of construction and final inspections.

B. Damage to Property. GCCOG shall assume all responsibility for all damage to property (including the GCRFON) that may arise from or be caused by GCCOG’s performance under this Agreement or by the performance of any other party which GCCOG directly or indirectly employs to perform under this Agreement. Any damage to any property or public right-of-way resulting from the installation, maintenance, and operation of the GCRFON by GCCOG shall be caused to be repaired by GCCOG at no expense to City and to the reasonable satisfaction of City.

C. Relocation. GCCOG shall remove or relocate, at City’s cost and/or expense, the GCRFON, or any part of it, if and when made necessary by either the installation, abandonment, change of grade, alignment or width of any street, sidewalk or other public facility or the construction, maintenance or operation of any City or other public agency underground or aboveground facilities (including, by way of example and not limitation, any sewer, storm drain, conduits, gas, water, electric or other utility systems or pipes), provided that City or other public agency is acting in its governmental capacity.

In the event all or any portion of any ROW occupied by GCRFON is needed by City or other public agency for a governmental purpose or in the event the existence of GCRFON or any part of it shall be considered detrimental to the public health, safety, welfare, or convenience or to governmental activities including, but not limited to, interference with City or other public agency construction projects, or is in conflict vertically and/or horizontally with any proposed City or other public agency installation, GCCOG shall remove and relocate GCCOG Fiber Network or the involved part of it, at City’s or other public agency’s cost and/or expense, to such other location or locations in the public rights-of-way as may be designated by City or other public agency. City or other public agency must provide written notice to GCCOG at least one hundred eighty (180) days in advance of the need for such removal or relocation.

D. Dig Alerts. GCCOG shall become a member of the Underground Service Alert of Southern California (“DigAlert”) and agrees to maintain and keep current its membership in DigAlert throughout the term of this Agreement, and to comply with applicable noticing and other requirements.

3. CITY RESPONSIBILITIES

3 To facilitate GCCOG’s buildout of the GCRFON with minimal disruption to the general public, City agrees, to the best of its ability during the construction period, to cooperate with GCCOG to coordinate the design and construction of the GCRFON, including, but not limited to, traffic management and notices to residents and businesses. City shall designate a point-of-contact for communications with GCCOG for GCRFON-related activities. The City Manager or designee shall have the authority to issue any needed approvals on behalf of City regarding the GCRFON.

4. OTHER TERMS
A. Responsibility for Costs. Except as specified otherwise herein, each Party will be responsible for and bear its own costs and expenses incurred at any time in connection with the performance of its responsibilities under this Agreement.

B. Dispute Resolution.
i. If a dispute arises between the parties relating to this Agreement, the Parties agree to use the following procedure prior to resorting to judicial relief by a court of competent jurisdiction: A meeting shall be held promptly between the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with and pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement. Each Party shall pay their own costs of mediation. The Parties shall jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the JAMS if they have been unable to agree upon such appointment within twenty (20) days from the conclusion of the negotiation period. The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days. ii. If the Parties are not successful in resolving the dispute through mediation as described above, the Parties may pursue any remedy at law or in equity by a court of competent jurisdiction.
iii. Notwithstanding the provisions of this subsection, either Party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement or to enjoin the other Party from an asserted breach thereof on a showing that the moving Party would otherwise suffer irreparable harm.

C. Indemnity and Defense.
i. GCCOG shall defend, indemnify, and hold City, its elected officials, officers, agents, employees, and volunteers, harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages

4 are caused by or result from the negligent or intentional acts or omissions of GCCOG, its officers, agents, or employees.
ii. City shall defend, indemnify and hold GCCOG, its officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, agents, employees.

D. Notices. All notices required or provided for under this Agreement shall be in writing, delivered in person or by certified mail, return receipt requested, addressed to the parties as indicated, below. Any notice so delivered shall be effective on the date of its delivery. Any party may change its address for notice by giving ten (10) days’ notice of such change in the manner provided for in this paragraph. Notices may be served as follows:

To City: City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attention: City Manager
To GCCOG: Gateway Cities Council of Governments
16401 Paramount Blvd
Paramount, CA 90723
Attention: Executive Director
E. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of California. Any dispute or controversy arising under or related in any way to this Agreement shall be adjudicated by a state court of competent jurisdiction located in Los Angeles County, California.

F. Prevailing Party. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing Party shall be entitled to receive from the losing party reasonable costs and expenses in such amount as the court or arbitrator may adjudge to be reasonable attorney's fees and costs incurred by the prevailing Party in such action or proceeding.

G. Assignment. GCCOG may sell, assign, transfer or lease any interest in those portions of the GCCOG Fiber Network within the City or assign or transfer any of its rights or obligations in this Agreement with prior written notice to City.

H. No Waiver. A waiver by either Party of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this

5 agreement, whether of the same or different character.

I. Severability. If any part of this Agreement is held invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable, or otherwise frustrate the purposes of this Agreement.

J. Independent Contractor. The Parties are independent entities and are not to be, and shall not be, construed as joint venturers, partners, employer/employee, or agents one of the other, and neither shall have the power to bind or obligate the other except as set forth in this Agreement.

K. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

L. Captions. The captions herein are for convenience and references only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.

M. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire agreement between the Parties and supersedes any previous oral or written agreements with respect to the subject of this Agreement. No amendment or modification to the Agreement shall be valid and binding unless in writing and signed by authorized representatives of the Parties.

N. Authority to Execute this Agreement. Each person executing this Agreement on behalf of a Party warrants and represents that they have the authority to execute this Agreement on behalf of that Party and the authority to bind that Party to the provisions of this Agreement.

O. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the authorized representatives of the Parties have caused this Agreement to be executed as of the date of the last signature below. [SIGNATURE PAGE FOLLOWS]

6 CITY OF CUDAHY
By: ___________________________
Elizabeth Alcantar Loza, Mayor
Date: ___________________________

GATEWAY CITIES COUNCIL OF GOVERNMENTS
By: ___________________________
Hector De La Torre,
Executive Director
Date: ___________________________

EXHIBIT A
City Route Design
Route Description Based on Current Design
Aerial in Cudahy runs for .25 miles East along Santa Ana Street, before changing to underground and running .02 miles East, .01 miles North, .01 miles East, then .03 miles North. Aerial then picks back up for .11 miles along Park Avenue, crossing diagonally .02 miles across Park Avenue. Aerial splits along Elizabeth Street, running .07 miles East and .30 miles West. Underground picks up along Elizabeth Street for .01 miles East until reaching River Road, then runs .15 miles North to Clara Street. Underground continues for .16 miles East, along Clara Street and over Highway 710 before leaving city limits.

Starting in Wilcox Avenue, Aerial crossing diagonally .01 miles until reaching the East side of the road. It continues .39 miles North until exiting the City’s boundaries.

Underground starts on the West side of the Atlantic Avenue and Elizabeth Street intersection, crossing Elizabeth Street and extending .10 miles North before stopping.

On the West side of the Walnut Street and Otis Avenue intersection, underground extends .01 miles East from the sidewalk to Otis Avenue. About 10 feet of underground runs North then 12 feet into Otis Avenue, before 23 feet cuts North before exiting City boundaries.

EXHIBIT B
Gateway Cities Regional Fiber Optic Network Design

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STAFF REPORT
Date: June 03, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Raul Diaz, Public Works Director & Building Official Subject: Award a Construction Contract to Hardy & Harper, Inc., for the FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007)

RECOMMENDATION
The City Council is requested to:

1. Approve the Plans and Specifications for the FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007);

2. Authorize the City Manager to execute a contract with Hardy & Harper, Inc. for the Project in the amount of $1,134,741 for the FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007); and

3. Approve 10% construction contingency based on the bidder’s construction cost, to cover unforeseen conditions in the amount of $113,474.00 for utilization by the Public Works Director or designee for potential Construction Change Orders (CCO), and 10% construction management based on the bidder’s construction cost and construction contingency, in the amount of $124,821.50; and

4. Find the FY 24-25 Pavement Rehabilitation Program (“Project”), 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 15301(c) (Class 1 – Existing Facilities).

Item Number
14B

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BACKGROUND
The pavement rehabilitation program includes the following projects: Wilcox Avenue Street Improvement Project, STR-004, Santa Ana St & Park Ave Street Improvement Project, STR-006, and Cecilia Street Improvement Project, STR-007. Major work components include construction of asphalt concrete cold mill and overlay (2” thickness), localized asphalt concrete repairs (pothole repairs), the installation of traffic striping, and all related work as per the plans and specifications.

1. On April 3, 2025, the City of Cudahy published the Notice of Inviting Bids for the Pavement Rehabilitation Program, with a Bid Opening date of April 22, 2025.

2. On April 22, 2025, seven bids were received, and a public bid opening was held in Bedwell Hall.

ANALYSIS
The FY 24-25 Pavement Rehabilitation Program (Wilcox Avenue Street Improvement Project, STR-004; Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007) are all in the City’s Capital Improvement Budget (CIP) Fiscal Year 2025 in the total amount of $1,500,000.

The Project will be funded by the following sources.

Prop C (STR-004) $600,000.00
Prop C (STR-006) $450,000.00
Measure M (STR-007) $450,000.00
Total Budget $1,500,000.00
On April 3, 2025, the City of Cudahy published the Notice of Inviting Bids for the Pavement Rehabilitation Program, with a Bid Opening date of April 22, 2025.

On April 22, 2025, seven bids were received, and a public bid opening was held in Bedwell Hall.

Below is the list of Bidders and Bid Amounts:

Bidder Name (from low to high) Total Bid Amount
Hardy & Harper, Inc. $1,134,741.00
Onyx Paving Company, Inc. $1,196,000.00
All American Asphalt $1,223,272.10
Sequel Contractors, Inc. $1,239,090.00
LCR Earthwork & Engineering, Corp. $1,390,035.00
Palp, Inc. DBA Excel Paving Company $1,427,334.00
Axiom Group $2,842,155.00

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Staff conducted a bid analysis and verified the contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files and references for Hardy & Harper, Inc. Per the bid analysis, the bid submitted by Hardy & Harper, Inc. was determined to be the lowest responsive bid.

CONCLUSION
The City Council is requested to approve the contract with Hardy & Harper, Inc. for the FY 24- 25 Pavement Rehabilitation Program.

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

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

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

FINANCIAL IMPACT
The Construction phase expenditures for the project encompass the construction contract at $1,134,741.00, construction contingency at $113,474.00, and construction management at $124,821.50 for a total construction phase in the amount of $1,373,036.50. The total costs for design are not to exceed $99,857.00. As a result, the total project costs are within the $1,500,000 allocated in the approved FY 2025 (CIP).

ENVIRONMENTAL 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 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 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

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Section(s) 15301(c) - Class 1 (Existing Facilities). The Project includes replacement construction work of existing city-streets including asphalt concrete and overlay, localized concrete repairs (pothole repairs), traffic marking re-striping, installation of speed humps, reconstruction of existing sidewalk, curb, gutter and curb ramp and replacement of crosswalks and pedestrian crossings. The City has prepared a draft notice of exemption (“NOE”) detailing the reasons for exemption from CEQA included as Attachment C. 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 staff report.

ATTACHMENT
A. Draft Construction Contract
B. Bid Opening Minutes
C. Notice of Exemption
D. Site Plan

1 2025

CONSTRUCTION CONTRACT
(Name of Bidder Awarded Contract: Hardy & Harper, Inc.) Name of Project: FY 24-25 Pavement Rehabilitation Program Wilcox Avenue Street Improvement Project, STR-004
Santa Ana St & Park Ave Street Improvement Project, STR-006 Cecilia Street Improvement Project, STR-007
THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this 20th day of May 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and HARDY & HARPER, INC. (hereinafter, “CONTRACTOR”) (Contractor’s License No. 215952). 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 FY 24-25 Pavement Rehabilitation Program Wilcox Avenue Street Improvement Project, STR-004, Santa Ana St & Park Ave Street Improvement Project, STR-006, Cecilia Street Improvement Project, STR-007 (hereinafter, the “Project”); and
WHEREAS, CITY issued a solicitation for competitive bids for the Project on April 3, 2025, entitled “FY 24-25 Pavement Rehabilitation Program Wilcox Avenue Street Improvement Project, STR-004, Santa Ana St & Park Ave Street Improvement Project, STR-006, Cecilia Street Improvement Project, STR-007”; and WHEREAS, following the opening of bids on April 22, 2025, 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 award of this Contract to CONTRACTOR was approved by the Cudahy City Council (“City Council”) at its meeting of May 20, 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.

Attachment A Page 89 of 400
2 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 22, 2025 Exhibit “B” – Insurance Certificates and Additional Insured Endorsements
Exhibit “C” – Worker’s Compensation Certificate of Insurance Exhibit “D” – Payment and Performance Bonds
d. Bid Addenda issued by CITY;
e. Notice Inviting Bids and Instructions to Bidders;
f. CONTRACTOR’s Bid Proposal;
g. Specifications;
h. Appendices to Bid Package;
i. Plans;
j. Bid Forms and attachments thereto;
k. Performance Bond;
l. 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 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 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

4 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 ONE MILLION ONE

HUNDRED THIRTY-FOUR THOUSAND SEVEN HUNDRED FORTY-ONE
DOLLARS ($1,134,741.00), (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

5.1 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 25 working days, after the date stated in the Notice to Proceed.

5 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 in 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, Public Works Director
Cudahy City Hall
5220 Santa Ana Street
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:

Hardy & Harper, Inc.

Attn: Michael Amundson, Vice President
Address: 32 Rancho Circle
Lake Forest, CA 92630
Phone: (714) 444-1851

6 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 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 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

7 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.

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.

8 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.

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

9 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 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

10 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
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 selfPage 98 of 400 11 insurance 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.

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

12 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 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

13 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 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,

14 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.

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,

15 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
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

16 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' 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.

17 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 penalty 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.

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.

18 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 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

19 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.

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.

20 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.
(SIGNATURES ON NEXT PAGE)

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:________________________
HARDY & HARPER, INC.:

By:____________________________
Name:_________________________
Title:__________________________
Date:__________________________
ATTEST:

By: ________________________
Richard Iglesias, CMC
City Clerk

Date: _______________________
APPROVED AS TO FORM:

By:__________________________
Stephanie Arechiga
City Attorney
Date:________________________

22 EXHIBIT A - CONTRACTOR'S BID PROPOSAL

23 EXHIBIT B – INSURANCE CERTIFICATES AND ADDITIONAL INSURED

ENDORSEMENTS

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Cudahy (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above-named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions, and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Cudahy
City Hall
, California

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter, or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 69 of 163 Page 141 of 400

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Cudahy (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above-named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Cudahy
City Hall
, California

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 71 of 163 Page 143 of 400

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Cudahy (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above-named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions, and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 72 of 163 Page 144 of 400

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Cudahy
City Hall
, California

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions, or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 73 of 163 Page 145 of 400 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 74 of 163 Page 146 of 400 24 EXHIBIT C – WORKER’S COMPENSATION CERTIFICATE OF INSURANCE

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Cudahy (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Cudahy
City Hall
, California
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date
By:

Its Authorized Representative
As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 75 of 163 Page 148 of 400 25 EXHIBIT D – PAYMENT AND PERFORMANCE BONDS

Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Cudahy (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 76 of 163 Page 150 of 400 Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal” “Surety”
By:

Its
By:

Its
(Seal)
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 77 of 163 Page 151 of 400 Bond No.

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Cudahy (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
, (Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 78 of 163 Page 152 of 400 Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal” “Surety”
By:

Its
By:

Its
(Seal)
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 79 of 163 Page 153 of 400 26 BID ADDENDA ISSUED BY CITY

Addendum 1, Page 1 of 1
Addendum for: FY 24-25 PAVEMENT REHABILITATION PROGRAM
Wilcox Avenue Street Improvement Project, STR-004;
Santa Ana St & Park Ave Street Improvement Project, STR-006; Cecilia Street Improvement Project, STR-007
Addendum No.: 1
Addendum Date: April 15, 2025
Issued by: City of Cudahy
Reminder 1: Bid due date is not changed. Bids are due at 11:00 AM on April 22, 2025.

Reminder 2: Please sign Addenda Acknowledgement on page C-9 of Bid Package Section C Titled “BIDDER’S PROPOSAL”. Entire Section C shall be submitted as Bidder’s Proposal.

This addendum provides responses to the questions received via email. Below are the questions and provided responses:

Question 1: What type of base material should be used for the project? Response 1: For Localized Removal and Replacement asphalt concrete work as covered under Bid Items A.3, B.3 and C.3, the base material shall be crushed aggregate base (CAB).

This addendum revises page D.12-13 of the Bid Package as follows. Removed sections are strikethrough, added sections are in italics:

16. SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIAL …
3) Payment
…
b) Payment for crushed miscellaneous aggregate base for Local AC Pavement Repairs shall be considered included in the cost of Local AC Pavement Repairs bid item.

Question 2: Can all 3 projects be performed at the same time or is there a specific scheduled phasing?
Response 2: The work can be performed on multiple streets. However, any area cold milled, shall be paved within 2 working days (crack seal must be applied immediately after cold mill). No street area shall be left open with cold milled section during weekend (Saturday and Sunday) or during City recognized holidays.

All cold milled areas shall be paved by 3 pm Friday. Immediately after paving, temporary cat tracking shall be painted and temporary tabs shall be placed to delineate lane lines, crosswalks, stop legends, stop bars, limit lines, and all other markings and legends as necessary.

Attachments:

None.

Issued by City of Cudahy
Addendum 1, City of Cudahy, FY 24-25 Pavement Rehabilitation Program Document Control Page 2 of 2 Page 156 of 400 27 NOTICE INVITING BIDS AND INSTRUCTIONS TO BIDDERS

Page: A.1
A. NOTICE INVITING BIDS
FY 24-25 PAVEMENT REHABILITATION PROGRAM
Wilcox Avenue Street Improvement Project, STR-004
Santa Ana St & Park Ave Street Improvement Project, STR-006 Cecilia Street Improvement Project, STR-007
PUBLIC NOTICE IS HEREBY GIVEN that the City of CUDAHY invites sealed bids for the above stated project and will receive such bids in the Office of the City Clerk, City of Cudahy, 5220 Santa Ana Street Cudahy, CA 90201, up to the hour of 11:00 AM, on Tuesday, April 22, 2025. Any bids received late will be returned unopened. The bids received will be publicly opened approximately 15 minutes after the bid submittal deadline in the City Council Chambers.

Pre-Bid Meeting:

There is no pre-bid meeting for this project.

Pre-Bid Inquiries:

All questions regarding this bid shall be directed via email, no later than 10 calendar days before the bid opening date and time and to the person specified in Section A – Notice Inviting Bids. Any question received after the above deadline will not be responded.

Bidding and Contract Documents, Plans and Specifications Available:

Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:

1. Please e-mail your request with your contact information to: [email protected]. Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.

2. Hard copy of the Bidding and Contract Document, plans and Specifications will note be provided.

Scope of Work:

The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specificationsto construct the project. Major work components include construction of asphalt concrete cold mill and overlay (2” thickness), localized asphalt concrete repairs (pothole repairs), installation of traffic striping and all related work as per plans and specification.

Location of Work:

The project is located at various streets within the City of Cudahy, as shown on Appendix C - Plans.

Estimated Cost of Work:

Estimated cost is $1,100,000.00.

Retention:

The City will deduct a State-mandated 5 percent retention from all progress payments.

Project Completion:

The project shall be completed within 30 working days of the effective date of City’s Notice to Proceed.

See Section B. Instructions to Bidders, “CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES” for project schedule.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 3 of 163 Page 158 of 400 Page: A.2
Bid Bond:

Bids must be accompanied by a bid bond, made payable to the City of CUDAHY for an amount no less than ten percent (10%) of the bid amount.

Required License Classification:

Required License Classification is State of California, Class A-General Engineering Contractor. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the Business and Professions Code.

SB 854 Requirements
This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a printout from the DIR registration website showing that the prime contractor and each subcontractor is currently registered. No bid proposals will be accepted, nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]. The prime contractor will be required to post job site notices regarding Labor Code compliance as described in 8 California Code of Regulation section 16451(d).

Prevailing Wages Required:

Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.

DBE:

There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire. The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

Bonds Required:

A labor and materials payment bond is required In accordance with California Civil Code 9550 in a form approved by the City. Also a performance bonds and public improvement warranty are required.

See Sample Contract for the required bond forms.

Substitution of Securities for Retention:

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 4 of 163 Page 159 of 400 Page: A.3
The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.

Excavation Safety:

If the work involves an excavation or trench five feet or deeper, the bid must contain a separate bid item for adequate sheeting, shoring, bracing and safety measures approved by the City.

Environmentally Sensitive Materials
✓ □ This Invitation for Bids does not specify locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed construction project which would be subject to Section 1603 of the Fish and Game Code.

City Business License:

The successful Contractor and his subcontractors will be required to possess business licenses from the City.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractors, 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. Section 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 the public work’s contract or subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

The City reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 90 calendar days.

Any contract entered into pursuant to this notice shall become effective or enforceable against the City of CUDAHY only when the formal written contract has been duly executed by the appropriate officers of the City.

Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact via e-mail:
[email protected]
All inquiries must be submitted in writing by e-mail.

BY ORDER of the City of CUDAHY, California.

Richard Iglesias
City Clerk
City of Cudahy, California
As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 5 of 163 Page 160 of 400 Page: B.1
B. INSTRUCTIONS TO BIDDERS
FY 24-25 PAVEMENT REHABILITATION PROGRAM
Wilcox Avenue Street Improvement Project, STR-004
Santa Ana St & Park Ave Street Improvement Project, STR-006 Cecilia Street Improvement Project, STR-007

LOCATION OF WORK
The project is located at various streets within the City of Cudahy, as shown on Appendix C - Plans.

PROPOSAL FORMS
Bids shall be submitted on the Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.

PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City of CUDAHY in the amount not less than 10 percent of the total amount of bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside:

FY 24-25 PAVEMENT REHABILITATION PROGRAM
Wilcox Avenue Street Improvement Project, STR-004
Santa Ana St & Park Ave Street Improvement Project, STR-006 Cecilia Street Improvement Project, STR-007
It is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered and will be returned unopened.

CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES In accordance with the provisions of Section 6-1.1 of the Standard Specifications for Public Works Construction (“Greenbook”), latest edition, and/or as may be provided for within the herein Special Provisions, after notification of award and prior to start of any work, the Contractor’s shall submit to the Engineer for approval its proposed Construction Schedule. The selected Contractor shall complete the As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 6 of 163 Page 161 of 400 Page: B.2
project within the duration identified on Section NIB. ”Time of Completion” of City’s issuance of a Notice to Proceed.

The following is the project schedule showing important milestones the contractor shall adhere to:

Task No Description Date

1.City Task Contract award by the City Council. Date 1

2.City Task City will send out Contract to Contractor for signatures. Date 2 = Date 1 + 5 working days

3.Contractor
Task
Contractor shall return signed Contract with required bonds and insurances to City.

Date 3 = Date 2 + 5 working
days

4. City Task City will counter sign the Contract and provide a fully executed Contract to Contractor.

Date 4 = Date 3 + 5 working
days

5. Joint Task
A Pre-construction meeting will be held.

Contractor shall submit its project schedule and all material submittals to the City at the Pre-construction meeting, with project start date established based on Date 6 shown in Task

6. Date 5 = Date 4 + 5 working day

6. Scheduled
Task
City will issue to the Contractor NTP (Notice to Proceed) to commence with field construction.

Date 6 = Date 5 + 5 working
days (Effective Date of for the
start of construction)

7.Contractor
Task Contractor shall complete field construction. Date 7 = Date 6 + 30 working days All durations above related to Contractor tasks shall remain the same regardless of City’s completion of City tasks.

At a scheduled date prior to commencement of work, the Contractor and all subcontractors shall attend a pre-construction conference at the City Hall. The Contractor agrees that failure to complete work within the time allowed will result in damages being sustained by the City. Contractor and City agree that failure to complete the project will result in inconvenience to the citizens of CUDAHY. The parties also agree that failure to complete the project on time will prevent the City from having the use of the affected facilities.

Therefore, the parties agree such damages among others are, and will continue to be, impracticable and extremely difficult to determine, but that $1,000 a calendar day is the minimum value of such costs to the City and is a reasonable amount that the Contractor agrees to reimburse the City for each calendar day of delay in finishing the work in excess of the time specified for completion, plus any authorized time extensions. Execution of the contract under these specifications shall constitute agreement by the Contractor and the City that the above indicated liquidated damage amount per calendar day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. Said amount may be reduced by the City if work is sufficiently completed within the/an allotted time so that the damages are minimized.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 7 of 163 Page 162 of 400 Page: B.3

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids.

Proposals may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.

DISCREPANCIES, MISUNDERSTANDINGS, INTERPRETATION
Before submitting a Proposal, Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed, and shall include in the Proposal, the cost of all items necessary in the construction of the project. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such the Bidder might have fully informed himself prior to the bidding. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City. Should a Bidder find any ambiguity, inconsistency or error in the plans and project manual, or be in doubt as to their meaning, the Bidder shall notify the contact person listed in this bid package. Issues requiring clarification will be addressed in a written addendum response, sent by email to each Bidder, person or firm recorded by the City as having received plans. Any addenda issued by the City during the time of bidding are to be included in the proposal from the Bidder, and shall become a part of the Bid documents. The Bidder shall acknowledge receipt of addenda on the proposal form in the space provided. By submitting a bid, the Bidder shall be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 8 of 163 Page 163 of 400 Page: B.4
make no claim against the City based on ignorance or misunderstanding of the plans, specifications, site conditions and/or contract provisions.

Any questions by the bidders shall be submitted via e-mail to:
[email protected]
(For reference, Project Manager for this project is: Luis Ramirez, C: 626-949-3656) All inquiries must be submitted in writing by e-mail.

The final date for submitting any questions is 10 days prior to the bid opening date.

An Addendum will be issued and send by e-mail to all plan holders on the list.

PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. No fee is charged for the Permit issued by the City for a public works project. The Contractor shall pay for and obtain a City Business License.

CONTRACTORS LICENSE LAW
The successful Bidder shall comply with and require all subcontractors to comply with all Federal, State and City Contractor License Laws and be dully Registered and Licensed thereunder as required.

BONDS
All bonds shall be written and executed by a corporate surety with a Best's rating of A:VII or better. In conformance with the Proposal, Part I, Bidding and Contractual Documents, a bidder to whom the contract is awarded shall, within the time mentioned in said Proposal, furnish a bond with a responsible corporate surety or corporate sureties conditioned upon the faithful performance of said bidder of all covenants and stipulations in the Contract Documents. Said bond, hereinafter referred to as the Performance and Guarantee Bond, shall be on the mandatory form included as a part of these Contract Documents, and shall be in accordance with the following:
(a) Amount of Security. Contractor shall provide as security to the City:

1. For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the estimated total cost of the improvements. With this security, the form of which shall be subject to the City's prior approval, the Contractor shall assume faithful performance of the agreement and guarantee the improvements for one (1) year after the completion and acceptance of the last of such improvements against any defective workmanship or materials or any unsatisfactory performance. The estimated total cost of the improvements shall be subject to prior approval of the City Engineer and shall provide for (a) no less than five (5) percent and no more than ten (10) percent of the estimated total cost for contingencies; and (b) an increase for projected inflation computed to the estimated midpoint of construction.

2. For Payment: Security in an amount equal to 100 percent (100%) of the estimated total cost of the improvements. With this security the form of which shall be subject to the City's prior As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 9 of 163 Page 164 of 400 Page: B.5
approval, the Contractor shall guarantee payment to subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Contractor. (b) Reduction or Release of Security. Upon acceptance of improvements by the City Council, and upon request of the Contractor, the improvement may be reduced as follows:

1. Security for performance and guarantee: Unless Contractor submits new or additional warranty security in an amount equal to ten percent (10 %) of the estimated total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than ninety percent (90%) of the aggregate principal amount thereof prior to the expiration of the one-year guarantee and warranty period specified in subsection (a)1 of this section, nor until all claims filed or deficiencies identified during such period have been settled or corrected. New or additional warranty security shall be released upon expiration of the one-year guarantee and warranty period, provided that all claims filed or deficiencies identified during the period have been settled or corrected.

2. Security for payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six months after acceptance of all of the improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given.

The City reserves the right to reject any proposed bonding company without stating cause. In this event the successful Bidder shall provide an alternate bonding company selection acceptable to the City.

Bonds shall conform with state statutes regarding performance bond and labor and material payment bond with amount shown on each part equal to 100% of the total amount payable by terms of the Contract for Construction. The surety company shall be licensed to do business in state in which construction project is located and shall be acceptable to the City. Bond amount shall be increased to include any Change Order(s) added to the contract to 100% total value amount of each Change Order.

Bonds will be recorded along with a copy of the construction contract in the County Recorder Records by the General Contractor with written proof submitted to the City.

LIABILITY INSURANCE
Before the contract is executed on behalf of the City, a bidder to whom the contract has been awarded shall furnish to the City a policy or certificate of protective liability insurance in which the City shall be named as an additional named insured with the bidder. The policy shall insure the City, its officers, its employees and its agents, including the Design Engineer and Construction Manager as additional named insured; the bidder, his employees and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed and shall remain in full force and effect until the work is accepted by the City.

INSURANCE POLICIES AND BONDS
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Attention is invited to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.

SOCIAL SECURITY ACT
The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of the Act of Congress approved August 14, 1935, known and cited as the Social Security Act and also the provisions of the act of the State Legislature Approved, and known as the State Unemployment Compensation Law and all other laws and regulations pertaining to labor and workmen and all amendments to such data, and the contractor further agrees to indemnify and hold harmless the City of CUDAHY of and from any and all claims and demands made against it by virtue of the failure of the contractor or any subcontractors to comply with the provisions of any or all of said acts and amendments.

TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of applicable state sales excise tax law and compensation use tax law and all amendments to same. The successful Bidder further agrees to defend, indemnify and hold harmless the City of CUDAHY of and from any and all claims and demands made against the City or its officers, agents or employees by virtue of the failure of the Contractor or any Subcontractors to comply with the provisions of any or all said laws and amendments.

WAIVER OF LIENS
The successful Bidder (General Contractor) is responsible for the payment of all bills for labor and materials furnished by the subcontractors, the suppliers, and the General Contractor on this project. The General Contractor shall deliver to the City, unconditional Lien Waivers and/or Releases from himself and from each of his subcontractors and suppliers, and at such time he shall certify that he is submitting such lien waivers for all subcontractors and suppliers involved.

If any liens are filed against the City property, the City may, at its option, demand General Contractor immediately provide a bond in accordance with state statutes.

LEGAL RESPONSIBILITIES
All proposals must be submitted, filed and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

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AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City.

The City of CUDAHY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 90 calendar days, as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

The Contractor shall submit a signed contract, bonds, insurance and all necessary documents to the City, within the required schedule.

EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions in Section 1777.5 of the California Labor Code concerning employment of apprentices by the contractor or any subcontractor under him. The contractor and any subcontractor under him shall comply with the requirements of said section in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in (State LCA-24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

SUBCONTRACTS
The Contractor is required to perform, with its own organization, contract work amounting to at least 51% of the Contract Price. Failure to meet these requirements will result in disqualifying of the bid or termination of the contract. This provision supersedes any other provisions which specified a different subcontract requirement

PROJECT CLOSE OUT DOCUMENTS
Within 10 calendar days of completion of the project, the Contractor shall submit project close out documents, including: Drawings showing as built conditions with red pencil; All warranties and guarantees; All paperwork required for labor compliance; All final lien releases; All other project related documents requested by the City.

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PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder’s attention is directed to the applicable provisions in the Standard Specifications for Public Works Construction requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid.

1. Examination of Site, and Specifications: Bidders shall examine the site of the work and acquaint themselves with all conditions affecting the work. By submitting a bid, the Bidder shall be held to have personally examined the site, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the specifications, site conditions and/or contract provisions.

2. The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment and incidentals, that are implied or required for the complete improvements as contemplated by the contract documents.

OTHER CONTRACT PROVISIONS
The bidder’s attention is directed to other contract provisions in the Appendices section of these Contract Documents, which must be observed in the preparation of the proposal form and the submission of the bid.

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SPECIFICATIONS

Page: D.1
D. SPECIFICATIONS
FY 24-25 PAVEMENT REHABILITATION PROGRAM
Wilcox Avenue Street Improvement Project, STR-004
Santa Ana St & Park Ave Street Improvement Project, STR-006 Cecilia Street Improvement Project, STR-007

STANDARD SPECIFICATIONS

GENERAL
The Standard Specifications for this project is the Standard Specifications for Public Works Construction (Latest Edition), except as amended by the project plans, specifications and contract documents, supplementary conditions, and/or other applicable contract documents.

In case of conflict the more stringent requirement shall apply, except when the City makes an exception.

The City has the right to make such exception at its discretion, and the contractor shall provide reasonable cost discount if the City decides to implement the lesser stringent option.

NOTIFICATION
The Contractor shall notify the City of CUDAHY and the owners of all utilities and substructures not less than 48 hours prior to starting construction.

CITY HOLIDAYS
City offices are closed on the following days: Friday’s, New Year’s Day; Martin Luther King, Jr. Day; President’s Day; Memorial Day; Independence Day; Labor Day; Veteran’s Day; Thanksgiving (2 days) and Christmas Day. During these holidays, inspections will not be available.

EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the City Police Department prior to beginning work.

AS- BUILT DRAWINGS
Provide and record a complete “As Built” records set of blue line prints showing changes from the original drawings and specifications and the exact “As Built” locations, sizes and types of equipment. Prints for this purpose may be obtained from the City. Keep this set of drawings on the site and use only as a record set. Use these drawings as work progress sheets. With red pencil, make neat and legible annotations thereon as the work proceeds, showing the work as actually completed. Keep these drawings available at all times for inspection. Before the date of the final inspection, provide the “As Built” prints to the City.

Please note, that failure to submit an “As Built” set of drawings as noted above will result in the retention payment being delayed.

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SPECIAL PROVISIONS

GENERAL

1. All work shall be performed in accordance with the "Standard Specifications for Public Works Construction", (“Greenbook” or “SSPWC”), Latest Edition, and all supplements; except where otherwise specified; the notes and details on the drawings; American Public Works Association Standard Plans; California Manual on Uniform Traffic Control Devices (Ca MUTCD); Caltrans Standard Plans, Latest Edition; the General Provisions (Part 1); and these Special Provisions (Part 2).

2. Scope of the Work covered by Contract Documents:

Furnish all labor, materials and equipment for the street improvements in Atlantic Avenue, Cecelia street, Ardine Street and Patata Street in the City of Cudahy as shown on the plans. Work includes but not limited to the construction of AC cold milling, asphalt overlay, removal and reconstruction of asphalt pavement section, PCC curb and gutter, PCC sidewalk, PCC driveway, PCC curb ramps, xeriscaping landscaped medians, water lines and electrical adjustments and roadway marking and striping.

3. Additional Contractors Duties:

Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.

4. Contracts:

Construct entire work under one contract with the City.

5. The Specifications and Drawings are complementary, and what is called for in one shall be binding as if called for in both.

6. Subsection 3-7.2, "Precedence of Contract Documents", (SSPWC), revise the order of precedence and incorporate additional items as follows:
1) Permits issued by jurisdictional regulatory agencies 2) Change Orders and/or Supplemental Agreements; which occurs last 3) Contract/Agreement
4) Addenda
5) Bid/Proposal
6) Specifications
7) Appendix B – PAVEMENT EVALUATION REPORT, PREPARED BY MTGL, DATED FEBRUARY 11, 2025 8) Plans
9) Standard Plans
10) Standard Specifications
11) Reference Specifications

7. Discrepancies in the Contract Documents:

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Any discrepancies, conflicts, errors or omissions found in the Contract Document shall be promptly reported in writing to the Director of Public Works and Development Services or his/her designee, who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, conflicts, errors or omissions, but shall comply with any corrective measures regarding the same prescribed by the Director of Public Works and Development Services or his/her designee, and no additional payment or time shall be allowed therefor, except as provided in the Standard Specifications.

If discrepancies are discovered between the drawings and the specifications, and no specific interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with the Director of Public Works and Development Services or his/her designee. The Contractor shall be compelled to act on the Director of Public Works and Development Services, or his/her designee's decision as directed. In the event the installation is not in compliance with the direction of the Director of Public Works and Development Services or his/her designee, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City.

In case of such discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing/constructing the discrepancy that would have the highest dollar value.

8. Errors and Omissions:

If the Contractor, in the course of the work, becomes aware of any claimed errors or omissions in the contract documents or in the City's field work, it shall immediately inform the Director of Public Works and Development Services or his/her designee. City Engineer shall promptly review the matter, and if he/she finds an error or omission has been made, he/she shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at its risk unless authorized by the Director of Public Works and Development Services or his/her designee.

9. Changed Conditions:

The plans for the work show conditions as they are believed by City Engineer to exist, but is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City that such conditions are actually existent, nor shall the City be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. The word "conditions" as used in this paragraph includes, but is not limited to, site conditions, both surface and subsurface.

The Contractor shall examine the site, compare it with the drawings and specifications and shall satisfy itself as to the conditions under which the work is to be performed. The Contractor shall ascertain and check the location of all existing structures, utilities and equipment which may affect its work.

The Contractor shall be responsible to re-examine the site, as necessary, for performance of change orders or other proposed changes which may affect its work. No allowance shall subsequently be made on the Contractor's behalf for any extra expense or loss of time which incurred due to failure or negligence on its part to make such examination.

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10. Markup:

No extra work nor change orders shall be done unless authorized in advance by the City Engineer.

For extra work and change orders the following percentages shall apply:
a. LABOR COSTS

1. Labor markup for employer taxes standard federal/state rates, approximately: 10%

2. Labor markup for fringe benefits (if fringe benefits are not included in the labor cost: 15%

3. Labor overhead markup: 10%

4. Profit markup: 10%
b. MATERIAL, EQUIPMENT, SUBCONTRACTOR COSTS
Only 5% markup by prime contractor will be allowed on materials, equipment and subcontractor costs. No other additional markups (overhead, profit, etc.) will be allowed. c. After the total amount is established by adding the above items, an additional 2% markup for INSURANCE AND BONDING COSTS will be allowed.

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel, and other vehicles and/or equipment present at the job site but not directly used in actual construction activities. Incidental movements of labor, materials, supplies or equipment shall not be considered as use in actual construction activities. These costs shall not be reported as labor or equipment elsewhere, except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed

11. Allotted Working Space:

The Contractor shall be responsible for storing his materials and equipment. The City will not allow storing equipment, materials, vehicles, removed items, debris, etc. in the Public Right-of- Way overnight unless approved by the Engineer.

12. Acceptance of Site:

The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract.

13. Protection and Restoration of Existing Improvements:

The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property per section 400-1 General of the SSPWC.

14. Site Security and Safety:

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The Contractor shall secure the project as well as the adjoining properties during the duration of the project.

15. Survey and Layout:

Contractor shall verify all dimensions on the drawings and shall report to the City Representative any discrepancies before proceeding with related work. Contractor shall perform all survey and precise layout work to the satisfaction of the Director of Public Works and Development Services or his/her designee. Contractor shall establish final grades and extents for the improvements and preserve such work on as-built plans.

16. Limits of Work:

Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise.

Prior to commencing work on any particular area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work.

The Contractor shall take note that the final limits of PCC sidewalk, curb & gutter, driveway and ac pavement removal and reconstruction shall be determined by the City Engineer during construction and to include the tree roots to be pruned.

17. The Contractor is reminded that he is responsible for the control of water through the construction area, at all times.

18. Legal Address of Contractor. The address given in the Bidder's Proposal is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered, except such notices and communications as shall be given by the City's Inspectors to the Contractor's designated Superintendent in the field. The mailing or delivering to said address of any notice, letter, or other communication, or the hand-delivery to said Superintendent, shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by a written notice signed by the Contractor and delivered to the Engineer.

B. GENERAL PROCEDURES

1. The Contractor shall obtain a no-fee Construction Permit before commencing construction from the City.

2. PROJECT SCHEDULE
The Contractor shall submit a Construction Schedule to City Engineer prior to beginning construction.

No work may be started until a Notice to Proceed is issued by the City. A Notice to Proceed shall not be issued until the Construction Schedule has been approved in writing. The work shall be scheduled to assure that construction will be completed within the specified time. The Contractor shall be held responsible for coordination of all phases of the operation so that the time schedule can be met.

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If the Contractor desires to make a major change in its method or operations after commencing construction or if its Construction Schedule fails to reflect the actual progress, the Contractor shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of beginning revised operations or within two (2) working days after notification by the City Engineer.

City Engineer may suspend all progress payments if the Contractor fails to comply.

3. NOTICE TO PROCEED
The construction date shall begin within 10 days after “Notice to Proceed” is issued by the City to the Contractor.

Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work.

4. CONTRACT TIME
The date construction shall begin will be specified in a Notice to Proceed, by the date indicated in the construction schedule in INSTRUCTIONS TO BIDDERS SECTION of these specifications.

Working hours are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding legal holidays and weekends.

During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.
a. Delay in Obtaining Materials:

No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor either obtains advance written approval from City Engineer or obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar action of the elements.

The Contractor is required to order materials in a timely manner as specified in the "Instruction to Bidders".
b. Contract Documents
The Contractor shall maintain at the job site one (1) set of Contract Documents to include Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks Construction. At the end of each working day, the Contractor shall submit to the Inspector an accurate "as-built" drawing of any changes that occurred from the approved plans and drawings, including Change As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 32 of 163 Page 175 of 400 Page: D.7
Order work, changed conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for processing until all work included therein is accurately shown on the record drawings.
c. It shall be the Contractor's responsibility to completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits) prior to acceptance of the work as completed.

5. CONSTRUCTION STAKING
The Contractor shall be responsible for construction staking.

Unless otherwise provided in the special provision, lines and grades for the construction shall be the responsibility of the contractor, with the following provisions:

The scope of work under this contract is limited to reconstruction of existing improvements, thus the existing lines and grades shall be maintained unless noted otherwise on the drawings or directed by the City Engineer.

All the Survey Monuments and Benchmarks removed and/or altered during the construction shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the Engineer prior to the final acceptance of the construction.

Unless a separate bid item is provided, the payment for surveying, construction staking, setting of the Survey Monuments and Benchmarks, preparing corner records, professional services, office and field calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved, shall be considered as included in the items of work for which the surveying work is performed, and no additional compensation will be allowed.

6. INSPECTION AND TESTING
All work covered by this Contract Documents shall be inspected by the City Engineer. Request for inspection service shall be made 24 hours in advance.

All materials furnished and all work performed under the Contract shall be subject to review and approval by the City Engineer. Such review may include mill, plant, shop, nursery, or field inspection as required. City Engineer shall be permitted access to all parts of the work, including plants where materials are manufactured or fabricated, and shall be furnished with such materials, information and assistance by the Contractor and its subcontractors and suppliers as is required to make a complete and detailed inspection.

The City will provide standard progress building and public works inspection at no cost to the Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or governing authorities, including tests in connection therewith, as may be assigned to it in other sections of the specifications.

Where required by the Building Code, specialty inspectors shall be provided by the City at no cost to As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 33 of 163 Page 176 of 400 Page: D.8
the contractor. The Contractor shall request specialty inspector at least forty-eight (48) hours in advance of an anticipated inspection.

City shall perform compaction tests as required.

It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to proceeding with any phase of construction. The Contractor shall neither allow nor cause any of its work to be covered or enclosed until it has been inspected, tested and approved by the Director of Public Works and Development Services or his/her designee.

City Engineer will make, or have made, such inspections and tests as he deems necessary to see that the work is being accomplished in accordance with the requirements of the Contract. In the event such inspections or tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Director of Public Works and Development Services or his/her designee, as well as the cost of the subsequent reinspection and re-testing. It shall be understood and agreed that the inspection or making of tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from compliance with the terms of the Contract.

Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered without the authority of City Engineer shall, upon order of the City Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement.

7. UTILITIES
a. Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at 811, at least 48 hours in advance of the work. b. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule. c. The Contractor shall notify all utility agencies and owners of all facilities within the area of construction a minimum of five (5) workdays in advance of performing any work within said area. d. The Contractor shall protect all utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities, including service laterals, and other improvements indicated on the drawings that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be directed by As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 34 of 163 Page 177 of 400 Page: D.9
the Engineer.

The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.

8. PUBLIC CONVENIENCE AND SAFETY
a. The provision of Section 7-10.1 (Traffic and Access), Section 7-10.2 (Storage of Equipment and Materials in Public Streets), and Section 7-10.4 (Public Safety) all as contained in the Standard Specifications, shall be applicable to this project.
b. At the end of the Work Day the job site shall be left in a neat and orderly manner. Roadway and parking shall be made available wherever possible to the satisfaction of the City Engineer. b. During construction, the Contractor shall provide adequate access to each residence or business affected by this project to the satisfaction of the Engineer. c. Should any change in these requirements be necessitated by extraordinary occurrences or requirements during the execution of the work, the Contractor shall obtain prior written approval of the Engineer.

9. SANITARY CONDITIONS. The Engineer may from time to time prescribe rules and regulations for maintaining sanitary conditions along the work and the Contractor shall enforce observance of the same by its employees and the employees of the subcontractor, and, if the Contractor fails to enforce these rules and regulations, the Engineer shall have the authority to enforce them.

10. AIR POLLUTION AND DUST CONTROL. The contractor shall adhere strictly to Section 7-8.1 and Section 7-8.2 of the Standard Specifications throughout this entire project.

11. WATER POLLUTION CONTROL. The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs.

All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems.

The following are the areas to be addressed:

1. Handle, store and dispose of materials properly.

2. Avoiding excavation and grading activities during wet weather.

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3. Construct diversion dikes and drainage swales around working sites.

4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.

5. Develop and implement erosion control plans.

6. Check and repair leaking equipment away from construction site.

7. Designate a location away from storm drains for refueling.

8. Cover and seal catch basins whenever working in their vicinity.

9. Use vacuum with all concrete sawing operations.

10. Never wash excess material from aggregate, concrete or equipment onto a street

11. Catch drips from paver with drip pans or absorbent material.

12. Clean up all spills using dry methods.

13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site.

14. Call 911 in case of a hazardous spill.

15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP)

16. Name a person, on site, responsible for complying with S.W.P.P.P.

CONTRACTOR TO COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION.

12. PHASING
To provide minimum inconvenience to the public particularly the residence and business owners, occupants and the travelling public, the Contractor shall execute the project in phases and adhere to the Traffic Control Requirements below.

Prior to the start of construction, the Contractor shall prepare and submit his/her phasing program to the Engineer for review.

13.TRAFFIC CONTROL REQUIREMENTS
a. The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience.

All work and materials to implement construction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications.

The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the City Engineer. Adequate traffic control shall be maintained at all times through the construction zone.
a. Traffic control through the project area shall conform to the requirements of subsections 302-4.5 and 302-10.4 Scheduling, Public Convenience and Traffic control, and (SSPWC).

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 36 of 163 Page 179 of 400 Page: D.11
b. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac pavement may be used for this reason to allow traffic.
c. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of excavation.
d. The Contractor shall not be allowed to leave vertical edge over 1” within the street pavement when the pavement is open to traffic except along the edge of gutter. Otherwise, the Contractor shall construct temporary AC transition at edges including around the edges of utility structures.

The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope.
e. Ingress and egress of vehicle to all driveways shall be maintained at all time except when arranged in advance by the Contractor with the respective residence. f. The Contractor shall maintain one 11’ wide traffic lane at all times for all project streets. g. The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other facilities necessary to control traffic as specified in the CA MUTCD.
h. All traffic lanes shall be open at the end of working hours of each day, unless approved by the City Engineer.
i. Payment:

Payment for traffic control shall be considered included in various bid items in the Bid Schedule.

14. CLEARING AND GRUBBING
Clearing and grubbing shall conform to the requirements of Section 300-1 "Clearing and Grubbing", (SSPWC). The Contractor shall incorporate the following exceptions, additions, or deletions to the noted Section:
a. Subsection 300-1.3.1, “Removal and Disposal General”, (SSPWC), add the following:

All material removed from the project shall be considered the property of the Contractor and shall be disposed in a legal manner outside the property unless noted otherwise elsewhere in the Contract Documents.
b. Subsection 300-1.3.3, add the following:

Concrete shall be removed to a neatly sawed edge with saw cuts full depth.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 37 of 163 Page 180 of 400 Page: D.12
As indicated on the plan and where PCC curb & gutter is removed and reconstructed, an adjoining 1 foot strip of AC pavement section x 8” deep shall be also removed to provide section to form the new PCC gutter.
c. Subsection 300-1.4, “Payment”, (SSPWC), replace and add with the following:

1.) Payment for clearing and grubbing shall be considered included in various bid items except for other removal items as listed and described in the bid schedule. It shall include full compensation for removal and disposal of all resulting materials.

2.) Remove existing 4” AC/4” underlying base shall be paid per square feet of AC pavement section removed.

3.) Removal of PCC curb & gutter shall be included in the remove and reconstruct existing PCC curb and gutter bid item including removal of 1 foot x 8” deep of AC Pavement Section. Full compensation shall be paid per curb ramp.

4.) Remove and reconstruct driveway shall be paid per square feet. Driveway’s curb & gutter removal and reconstruction shall be included in driveway square feet measurement.

15. UNCLASSIFIED EXCAVATION
Unclassified excavation shall conform to the requirements of Section 300-2, “Unclassified Excavation” (SSPWC).
a. Subsection 300-2.1, General, (SSPWC), add the following:

1.) Unclassified excavation shall include the removal of the 6” thick base material beneath the existing asphalt pavement.
b. Subsection 300-2.9, Payment, (SSPWC), remove 1st sentence and replace with the following:

Payment for unclassified excavation are included in various respective and applicable bid item in the bid schedule.

16. SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIAL a. Preparation of the subgrade shall conform to the requirements of Section 301-1, "Subgrade Preparation", (SSPWC).
1) Subsection 301-1.2 "Preparation of Subgrade", (SSPWC), add the following:

Prior to placement of new pavement section in the reconstruction areas, the exposed subgrade shall be scarified to a minimum depth of 6 inches, moisture conditioned, to the optimum moisture content and recompacted to a minimum of 90 percent relative compaction.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 38 of 163 Page 181 of 400 Page: D.13
2) Subsection 301-2.1, “Untreated Base - General”, (SSPWC), add the following:
a) Base for Local AC Pavement Repairs shall be 4” thick crushed aggregate base. b) The Contractor shall not be allowed to use slag nor reuse the existing roadway base in the new pavement section.
3) Payment
a) Payment for preparation of subgrade shall be considered included in the cost of AC pavement section and PCC driveway. Payment for preparation of subgrade underneath PCC walk and curb & gutter shall be included in the cost of these work items. b) Payment for crushed miscellaneous base for Local AC Pavement Repairs shall be considered included in the cost of Local AC Pavement Repairs bid item. c) Payment for crushed aggregate base for PCC driveway shall be considered included in the cost of Remove and Reconstruction PCC driveway bid item.

17. COLD MILLING ASPHALT CONCRETE PAVEMENT
a. Subsection 404-1 General, (SSPWC), add the following:

1.) Such straight edge grade along the edge of the cold plane area shall not deviate more than ¼ inch below nor 1/8 inch above the grade specified in the Plans and Specifications.

2.) Cold Milling shall not be performed more than 2 days ahead of paving and shall not commence until a clear 5-day weather forecast is provided by National Weather Service.

3.) Removal and Disposal of Material. Cold milled streets shall be accepted by Engineer at least 1 day prior to street resurfacing, as completed for cold milling.

4.) Contractor shall provide a complete and thorough motorized sweeping of cold milled areas the day after cold milling, the day before paving, and every third day in between.

5.) Sweepers used for cold milling shall not enter on streets approved as clean after cold milling.

6.) All cracks and joints greater than 1/8 inch in size shall be blown clear with high pressure air, with the street swept immediately thereafter; and all joints and cracks greater than ¼ inch and less than 1.5 inches in size shall be filled with Crafco Polyplex III or equal. Filler shall be within 1/8 inch below and flush with existing pavement surface and squeegeed, as necessary, to attain this result.

7.) Cracks, joints, and holes to be filled shall be cleaned after cold milling. b. Section 404-11 Payment, (SSPWC), add the following: Full compensation for Cold Milling Asphalt Concrete Pavement shall be paid per Square Feet on the applicable Bid Item of the Base Bid As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 39 of 163 Page 182 of 400 Page: D.14
Schedule and shall include compliance with the above requirements.

18. TACK COAT
a. Tack Coat per subsection 302-5.4 of SSPWC and add the following:

1.) Tack coat material for overlay shall be PG 64-10 applied at a rate of 0.05 gallons per square yard applied at a minimum of 350 degrees Fahrenheit from a distributor truck with a functioning heating element capable of raising the temperature by 3 degrees Fahrenheit per hour.

2.) On the construction of new AC pavement section, tack coat shall be applied on base course before the wearing course is applied.

3.) Tack coat shall be placed so far ahead of paving that the tack coat is tracked away by trucks from more than 20 percent of the tracked area.

4.) Tack coat for joints on trenches and remove and replace repairs shall be uniformly applied at .20 gallons per square yard PG 64-10 or two coats SS1h applied uniformly at .20 gallons per square yard each coat.

5.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from driving through the tack coat.
b. Measurement and Payment subsection 302-5.9 of SSPWC, revise to:

Full compensation for tack coat shall be included in the cost of Asphalt Concrete Overlay.

19. PREPARATION OF EXISTING ASPHALT SURFACE TO RECEIVE ASPHALT OVERLAY a. The existing pavement surface to receive an asphalt concrete overlay, shall be cleaned by sweeping with a power broom, and shall be free of dust, dirt, vegetation, loose foreign matter, grease, oil or any other type of objectionable surface films. b. Where vegetation exists on existing pavement surfaces, the vegetation should be removed to the outer edges of the existing pavement and the resultant area shall be treated with herbicide. c. Bumps, waves, depressions and corrugations which impair the riding qualities of the existing pavement surfaces shall be removed or leveled to produce a smooth tight surface. d. Where vegetation exists in cracks, the vegetation shall be removed and the cracks cleaned to a depth of two inches where practical, treated and filled as directed by the Engineer. All cracks shall be cleaned, free of moisture, treated with herbicide and filled level to the surface with an asphalt-based crack filler.
e. Prior to applying overlay material, when all repairs are completed and the existing surface has been thoroughly cleaned over the full width to be treated, a tack coat shall be applied to ensure As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 40 of 163 Page 183 of 400 Page: D.15
uniform and complete adherence of the overlay. Particular care shall be taken to thoroughly clean the outer edges of the existing pavement to be treated. f. Payment for preparation of existing pavement surfaces shall be included in the construction of asphalt concrete overlay (wearing course) bid item(s) and no separate compensation will be allowed.

20. ASPHALT CONCRETE PAVEMENT
The Contractor shall incorporate the following exceptions, additions or deletions to Section 302-5, “Asphalt Concrete Pavement”, (SSPWC):
a. Subsection 302-5.1, “General”, (SSPWC), add the following:

1.) Roadway asphalt pavement overlay shall consist of:

2.00 inches type C2-PG 64-10 (wearing course)

2.) On Localized Pavement Repair and full depth reconstruction (FDR): The new AC pavement section shall consist of 4.00 inches of type C2-PG 64-10. The exposed subgrade shall be scarified to a minimum depth of 12” and moisture conditioned recompacted to 95 percent relative compaction.

3.) Asphalt pavement overlay and reconstruction shall include the adjustment of manholes and other structure to grade per Subsection 403-3 of the SSPWC and adjustment of other utility structures to grade per subsection 5 above.

4.) Rolling shall comply with Sections 302-9.5 and 302-5.6 of the Standard Specifications. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line.

5.) Removal of all AC slurry seal residue from gutter lip should be completed prior to paving.

Diesel fuel shall not be used for cleaning purposes within the limits of this project.

6.) Contractor shall have sufficient power brooms on site during all periods if distribution on site during all periods of distribution and spreading to provide cleanup of haul routes and work areas. Powerbrooms shall provide miscellaneous cleanup of AC spoils as directed by the Engineer. Power brooms shall not be operated more than 80% full of sweepings.

7.) Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer.

INACCESSIBILITY OF A HEAT MEASUREMENT SHALL BE CAUSE FOR TERMINATION OF PAVING OPERATION.

8.) Two initial complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 41 of 163 Page 184 of 400 Page: D.16
temperature high enough such that pavement temperature after two passes exceeds 240 degrees Fahrenheit.

9.) Immediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degree Fahrenheit.

10.) The Contractor shall join all gutter lips such that the finished AC surface is three-eighths (3/8") inches above gutter lip.

11.) Temporary asphalt concrete work where required by the Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed therefor.

12.) To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment.

13.) Watering of area to prevent tracking of material will be allowed if no water enters the storm drain system and the Contractor adheres to all local and state water quality regulations, and these Contract Documents.

14.) Rolling along a joint shall be such that the widest part of the roller is on the cold side of the joint.

15.) Rubber tire rollers shall be used on any leveling course.

16.) At a minimum, two complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that the pavement temperature after two passes exceeds 240 degrees Fahrenheit. Intermediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degrees Fahrenheit. An additional intermediate roller may be required to achieve this result. A finish roller shall be provided in addition to intermediate rolling.

17.) Trunk Sewer Manholes shall be adjusted by the contractor per Los Angeles County Sanitation District procedure.

18.) At least 15 working days prior to commencing work, the Contractor shall submit a cold mill and paving schedule to the Agency for approval. This schedule shall allow residents on the streets to be cold milled and paved ample “on street” parking within a reasonable distance from their homes. Based upon the schedule, the Contractor will notify schools, residents, and businesses of the proposed work and post temporary “NO PARKING” signs at no cost to the Agency. The “NO PARKING” signs will be in place not less than 48 hours prior to performing the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the Engineer at least 10 working days prior to the streets affected. The contractor shall coordinate with City’s street sweeping and trash hauling contractors and schedules to avoid conflicts.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 42 of 163 Page 185 of 400 Page: D.17
b. Payment

1.) Asphalt pavement overlay for new AC pavement section and reconstruction of 1 foot strip x 8” deep AC pavement along the curb and gutter reconstruction shall be paid per ton and shall include labor and material to furnish and construct asphalt pavement in compliance with the above requirements and the cost of all labor and material to include tack coat, adjust water valves, gas valves, sewer and storm drain manhole’s frame cover to grade, notify & coordinate with utility purveyors in the adjustment of their manholes and other structures.

21. CONCRETE SIDEWALK, CURB AND GUTTER, DRIVEWAY, AND PEDESTRIAN RAMPS a. All concrete shall be Class 520-C-2500, in accordance with Section 201-1.1.2, "Concrete Specified by Class", (SSPWC). Curing compound shall be Type 1-D in accordance with Section 201-4, "Concrete Curing Materials," (SSPWC).
b. All concrete sidewalk, curb and gutter, driveways and pedestrian ramp construction shall be in accordance with Section 303-5, (SSPWC).
c. Payment for these items of work shall be at the contract unit price per square foot, lineal foot, or unit item, as applicable, and shall include full compensation for preparation of base, underlying bases, furnishing all labor, material, tools. d. Payment for removal of PCC curb ramp includes sawcutting, excavation, removal and disposal of all material, and includes removal of 1’ wide by 8" deep AC pavement section as needed and shall be paid for at the contract unit price per each of PCC curb ramp removed and no additional compensation will be allowed.
e. Payment for the construction of curb ramp shall be paid per each and shall include all labor and material to construct curb ramps at the identified locations including curb & gutter, associated PCC walk, detectable warning surface, construction and compaction of asphalt slot patch, and phasing requirements and no additional compensation will be allowed. f. Demolition and construction of curb and gutter shall also be in accordance with Curb and Gutter Procedure as described in Section E Part 3 Subsection 303-5 Concrete Curb, Walks, Gutters, Cross Gutter, Alley Intersection, Access Ramps and Driveways, Section 201-1 and 303 of the SSPWC. g. Removal of existing curb and gutter and AC pavement shall be by saw cutting. h. For new PCC gutter forming purposes, a 1’ wide by 8” deep AC pavement slot cut is necessary and to be restored with full depth AC.
i. New PCC curb and gutter shall be per SPPWC Std. Plan No. 120-3, join and match existing and constructed in accordance with Section 303-5 (SSPWC).
j. Payment to furnish all labor, equipment and materials to remove and reconstruct PCC curb and gutter as described above shall be paid on a Linear Foot (LF) Unit Price basis, and shall be considered full compensation for complying with all applicable requirements in the Contract As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 43 of 163 Page 186 of 400 Page: D.18
Documents including saw cutting, demolition, unclassified excavation, removal of existing concrete and improvements necessary to construct new curb and gutter, hauling and disposal of resulting materials. No additional compensation shall be allowed.

22. SIGNING, STRIPING, AND PAVEMENT MARKERS
a. All striping and pavement markings work shall be in accordance with the latest edition of the State of California Department of Transportation Standard Plans and the 2012 California Manual of Uniform Traffic Control Devices.
b. All curb paints shall be refurbished/repainted to match existing color. c. All fire hydrants water valve cover shall be painted blue. d. Contractor shall install raised blue reflective Marker Type 1 at each fire hydrant location within the project limits. The reflector shall be 6” from the centerline stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire hydrant (Per CA MUTCD 2003, Ca. Supplement Fig. 38-102). Marker Location shall be approved by the City Engineer before installation.
e. All striping shall be thermoplastic and reflective unless noted otherwise on the plans. f. All reflective shall be replaced or reset using adhesives specified in Sections 95-2.05, “Standard Set Epoxy Adhesive for Pavement Markers,” and 95-2.04, “Bituminous Adhesive for Pavement Markers” contained in the State of California Department of Transportation Standard Specifications, Latest Edition. All existing fire hydrants including “pop-off” and recycled-water hydrants are considered to have an identifying blue reflectorized marker in the proper location in the street, and said marker will be replaced by the CONTRACTOR as required by the City or by the Fire Department. There shall be no separate payment for this work. g. All striping shall be “cat-tracked” immediately before end of working day by the CONTRACTOR and approved by the Engineer prior to placement of permanent striping. Spotting shall be completed prior to the removal of any existing stripes. Temporary striping within 24 hours and permanent striping after 14 days shall be applied by the Contractor. h. All reflective and non-reflective pavement markers shall conform to the provisions of Section 214- 6, “Pavement Markers” and be placed in accordance with Section 314-4.3, “Painted Traffic Striping and Curb and Pavement Markings” of the Standard Specifications. i. The contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. No striping shall be installed until the layout and spotting has been specifically approved by the Engineer.
j. Payment for Traffic Striping, Markings and Curb Painting shall be paid for at the contract unit price per Lump Sum (LS) and shall be considered full compensation for furnishing all labor, materials As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 44 of 163 Page 187 of 400 Page: D.19
(including adhesives, glass beads, and paint), tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to the installation of pavement striping, speed hump striping & markers, raised reflective pavement markers, painting curbs, blue markers, including removal and complete in place for the width specified as shown on the plans and as required by the Project Specifications and no additional compensation will be allowed.

23. REMOVE AND RECONSTRUCT AC SPEED HUMP
Remove existing AC speed hump and construct new AC Speed Hump Detail on Appendix C Project Plans.

Payment to furnish all labor, equipment and materials to remove and construct AC speed humps as described above and in the project plans and documents shall be paid per each. No additional compensation shall be allowed.

As Advertised Bid Package, City of Cudahy, FY 24-25 Pavement Rehabilitation Program, STR-004&006&007 Document Control Page 45 of 163 Page 188 of 400

APPENDICES TO BID PACKAGE / PLANS