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, August 5, 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: 865 3588 7866
https://us06web.zoom.us/j/86535887866
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 5, 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. Introduction of Lieutenant David Joyce from the Los Angeles Unified School District (LAUSD) B. Introduction and Presentation by LAUSD Board Member for District 5, Karla Griego
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
August 5, 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. Consideration to Review and Approve the Draft Minutes of July 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 (page 7) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 15, 2025.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 5, 2025, at 6:30 P.M.
B. Amendment No. 1 to The Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project (page 21)
Presented by the Public Works Director
Recommendation: The City Council is requested to approve Amendment No. 1 to The Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project
C. Discussion and Adoption of Resolution No. 25-47, Affirming a Partnership with Local Schools to Welcome Students Back to School Safely with Dignity, Inclusivity, Compassion, and Respect for All (page 77)
Presented by the City Clerk
Recommendation: The City Council is requested to discuss and adopt Resolution No. 25-47, affirming a partnership with local schools to welcome students back to school safely with dignity, inclusivity, compassion, and respect for all.
13. PUBLIC HEARING – NONE
14. BUSINESS SESSION
A. April 2025 Pavement Management Program (PMP) (page 83) Presented by the Senior Engineer
Recommendation: The City Council is requested to:
1. Continue with current Capital Improvement (CIP) expenditure levels going forward for pavement management efforts; and
2. Review and approve the Draft April 2025 Pavement Management Program.
B. Award Equipment Procurement Agreement to Brightlife Designs LLC for the FY 25-26 Public Art & Decoration Project (ABP-005) (page 153)
Presented by the Public Works Director
Recommendation: The City Council is requested to:
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 5, 2025, at 6:30 P.M.
1. Authorize the City Manager to execute an Agreement with Brightlife Designs LLC in the amount of $66,870.00 for the FY 25-26 Public Art & Decoration Project;
2. Approve a contingency in the amount of $28,130.00 for unforeseen conditions; and
3. Authorize the Public Works Director to approve change orders within the contingency amount.
C. Approval of the First Amendment to the Communications Site Lease Agreement and Memorandum of Amendment between the City of Cudahy and T-Mobile West Tower, LLC (Lugo Park Site) (page 279)
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to approve and authorize the City Manager to execute the First Amendment to the Communications Site Lease Agreement and Memorandum of Amendment between the City of Cudahy and T-Mobile West Tower, LLC (Lugo Park Site).
D. Adoption of Resolution No. 25-48, Approving The “Public Health For All” Initiative and Directing Staff to Begin Phased Implementation of Its Components. (page 323) Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to adopt Resolution No. 25-48, approving the “Public Health for All” Initiative and directing staff to begin phased implementation of its components.
15. COUNCIL DISCUSSION - NONE
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 – Conference with Labor Negotiator City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee – Title: City Manager
C. Closed Session Pursuant to Govt. Code Section 54956.9(d)(2) – Anticipated Litigation – One (1) Matter.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 5, 2025, at 6:30 P.M.
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 31st day of July 2025
Richard Iglesias
City Clerk
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
08/05/2025 Page 1 of 2
STAFF REPORT
Date: August 5, 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 July 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
RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 15, 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
12A
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
08/05/2025 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 July 15, 2025.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. July 15, 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 07/15/2025 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
July 17, 2025, 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:35 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Amanda Gomez
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, Assistant City Clerk, Estefania Zamora, Community Services Director, Brenda Rodriguez, Public Works Director, Raul Diaz, Assistant to the City Manager, John Peraza, and Executive Assistant to the City Manager, Janet Andrade.
3. APPROVAL OF AGENDA
City Manager requested to move business item 14A after closed session 16B.
Motion: Vice Mayor Gonzalez motioned to move business item 14A after closed session 16B, 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
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.
Attachment A Page 9 of 354
City Council/Successor Agency Minutes of 07/15/2025 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. Certificate of Recognition to Cudahy to College and Career Scholarship Fund Recipients
B. Republic Services Quarterly Update
C. Strategic Plan Update
7. PUBLIC COMMENTS
Brian Heyman recognized the City Manager, thanked City Council for ongoing committed Veterans Affairs in the city and spoke against the comments made via social media by the Vice Mayor.
1951****930 spoke against the comments made via social media by the Vice Mayor.
Mario Dominguez JR commented on Quimby fees in the City of South Gate.
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes shared his participation in the Metropolitan Water District tour in Arizona, the City of Cerritos State of the City event, volunteered at Kroger packaging meals, attended the Los Angeles County Sanitation meeting, invited the community to the Grand Opening of Spin City Laundromat on Saturday, and publicly expressed his support for the Vice Mayor.
Council Member Gomez commended staff for reopening Lugo Park, shared her attendance at the Local Progress event with other elected officials, asked staff to explore extending support to prevent ICE from operating in the community, and expressed her support for the Vice Mayor considering everything she is facing.
Council Member Lomelí thanked the community, expressed support for the Vice Mayor for standing strong, highlighted the bills being supported tonight, reminded everyone that red cards are available at City Hall, encouraged the community to apply for gift cards from
City Council/Successor Agency Minutes of 07/15/2025 Page 3 of 10 the Cudahy Youth Foundation, attended the Local Progress event, and thanked her colleagues.
Vice Mayor Gonzalez addressed her viral TikTok video, apologized to city staff, the city council, and the community, and shared her attendance at the Local Progress event.
Mayor Alcantar Loza discussed ICE activity occurring in the area, exploring an eviction moratorium and establishing a baseline before eviction for missed rent, requested pursuing a series of policy items including FOIA requests, a CARES ordinance, and called on Sheriff Luna to have the LA Sheriff’s Department identify ICE agents. She also participated in a town hall with Congressman Robert Garcia and Senator Lena Gonzalez, wished a Happy Birthday to the Rent Stabilization Ordinance, and celebrated the reopening of Lugo Park.
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: Vice Mayor Gonzalez motioned to waive full reading of resolutions and ordinances, 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
12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of June 17, 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 June 17, 2025
B. Approval of the Local Agency Investment Fund (LAIF) for the Month of June Presented by the Finance Director
City Council/Successor Agency Minutes of 07/15/2025 Page 4 of 10 Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of June 2025 in the amount of $11,413,820.63.
C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of June 2025
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $3,922,609.00, including the Statement of Investments for the month of June 2025.
D. Consideration and Adoption of Resolution No. 25-37 – A Resolution of the City Council of the City of Cudahy in Support of H.R. 3101 (SHIELD Act) Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to consider and adopt Resolution No. 25 37, expressing support for U.S. House H.R. 3101, the "Securing Help for Immigrants through Education and Legal Development (SHIELD) Act," sponsored by Congressman Robert Garcia, to enhance due process and legal representation for individuals facing deportation.
E. Consideration and Adoption of Resolution No. 25-38 – A Resolution of the City Council of the City of Cudahy in Support of Senate Bill 48 (Safe Access to Schools) Presented by Assistant to the City Manager
Recommendation: The City Council is requested to consider and adopt Resolution No. 25-38, expressing the City’s strong support for Senate Bill 48 (Safe Access to Schools), introduced by Senator Lena Gonzalez, to protect students and families from immigration enforcement activity on school campuses.
F. Consideration and Adoption of Resolution No. 25-39 – A Resolution of the City Council of the City of Cudahy in Support of California Senate Bill 805 (No Vigilantes Act) Presented by Assistant to the City Manager
Recommendation: The City Council is requested to consider and adopt Resolution No. 25-39, expressing the City’s support for Senate Bill 805 (No Vigilantes Act), introduced by Senator Pérez and coauthored by Senator Lena Gonzalez, to promote transparency, public safety, and immigrant protections through clear identification requirements for law enforcement personnel.
G. Accept Notice of Completion (NOC) of Lugo Park Soccer Field Rehabilitation Project – City Project No: PRE-005
City Council/Successor Agency Minutes of 07/15/2025 Page 5 of 10 Presented by Senior Engineer
Recommendation: The City Council is requested to Accept the completion of work performed by Byrom-Davey Inc. for the Lugo Park Soccer Field Rehabilitation Project - PRE-005; and Authorize City Manager to execute the Notice of Completion (NOC) and direct the City Clerk to file the NOC with the Los Angeles County Recorder’s Office; and Authorize the release of the 5% retention to Byrom-Davey Inc. for a total of $50,152.66.
H. Accept Notice of Completion (NOC) of Cudahy HSIP Cycle 7 Salt Lake Avenue Improvements, Federal Project No: HSIPL-5369(012) / City Project No: TRE-001 Presented by Senior Engineer
Recommendation: The City Council is requested to Accept the completion of work performed by Elecnor Belco Electric, Inc. for the Cudahy HSIP Cycle 7 Salt Lake Avenue Improvements, Federal Project No: HSIPL-5369(012) / City Project No: TRE-001; and Authorize City Manager to execute the Notice of Completion (NOC) and direct the City Clerk to file the NOC with the Los Angeles County Recorder’s Office; and Authorize the release of the 5% retention to Elecnor Belco Electric, Inc.
Motion: Vice Mayor Gonzalez motioned to approve Consent Calendar items, 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
13. PUBLIC HEARING
A. Adoption of Resolution No. 25-40 Approving the Engineer’s Report, Confirming the Diagram and Levying the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to Open the public hearing and receive comments; and Adopt Resolution No. 25-40 Approving the Engineer’s Report, Confirming the Diagram and Levying the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District for Fiscal Year (FY) 2025/2026; and Direct staff to forward Resolution No. 25-40 to the Los Angeles County Assessor before the August 10th deadline.
At 7:27 p.m. Mayor Alcantar Loza opened public comment.
Mario Dominguez Jr mentioned City of Lynwood is currently going through the same process.
City Council/Successor Agency Minutes of 07/15/2025 Page 6 of 10 At 7:34 p.m. Mayor Alcantar Loza closed public comment.
Motion: Vice Mayor Gonzalez motioned open the public hearing and receive comments; and Adopt Resolution No. 25-40 Approving the Engineer’s Report, Confirming the Diagram and Levying the Annual Assessment to Maintain the City of Cudahy Street Lighting Assessment District for Fiscal Year (FY) 2025/2026; and Direct staff to forward Resolution No. 25-40 to the Los Angeles County Assessor before the August 10th deadline, 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
14. BUSINESS SESSION
A. Discussion of a Disposition and Development Agreement between the City of Cudahy and Primestor Development, Inc, for the Transfer and Development of Real Property involving Five Parcels Located at the Southeast Corner of Atlantic Avenue and Santa Ana Street, APN Nos. 6224-018-912, 6224-018-915, 6224-018-913, 6224-018-914, 6224-018-911, collectively known as “Site 2”; and Adoption of Resolution No. 25-41 authorizing an amendment to the Agreement between the City of Cudahy and Primestor Development, Inc. authorizing a time extension; and Adoption of Resolution No. 25-42 declaring the City’s intent to sell Site 2 - ITEM MOVED AFTER 16A
B. Adoption of Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. (Kimley-Horn) for Environmental and Design Engineering Services for Salt Lake Avenue Pedestrian Accessibility - ATP Cycle 6 -ATPL-5369(017) Presented by the Senior Engineer
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide design phase engineering services for the preparation of PS&E Plan, Specifications, and Estimates for the Cudahy Salt Lake Avenue Pedestrian Accessibility – ATP Cycle 6 Project – Project No. ATPL-5369(017) (Project), not to exceed $750,550.
Motion: Council Member Fuentes motioned to award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide design phase engineering services for the preparation of PS&E Plan, Specifications, and Estimates for the Cudahy Salt Lake Avenue Pedestrian Accessibility – ATP Cycle 6 Project – Project No. ATPL-5369(017) (Project), not to exceed $750,550, approving the Personnel Rules
City Council/Successor Agency Minutes of 07/15/2025 Page 7 of 10 and Regulations, 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. Approval to Adopt a Resolution Approving the Application for a Land and Water Conservation Fund (LWCF) Grant in the Amount of $3,500,000 for the Clara Expansion Park Rehabilitation Project
Presented by the Senior Engineer
Recommendation: The City Council is requested to approve Resolution No. 25-43, authorizing staff to file an application with the California Department of Parks and Recreation to receive funding in the amount of $3,500,000 from the Land and Water Conservation Fund (LWCF) for the renovation of Clara Expansion Park.
Motion: Council Member Fuentes motioned to approve Resolution No. 25-43, authorizing staff to file an application with the California Department of Parks and Recreation to receive funding in the amount of $3,500,000 from the Land and Water Conservation Fund (LWCF) for the renovation of Clara Expansion Park., Approving the Salary Plan for City Employees, 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. Approve a Professional Services Agreement with HR Dynamics & Performance Management, Inc.
Presented by the City Attorney
Recommendation: The City Council is requested to review and approve a Professional Services Agreement with HR Dynamics & Performance Management, Inc. for Professional Human Resources Consulting Services.
Motion: Vice Mayor Gonzalez motioned to review and approve a Professional Services Agreement with HR Dynamics & Performance Management, Inc. for Professional Human Resources Consulting Services, seconded by Council Member Lomelí. Motion passed 5- 0 by the following roll call vote:
City Council/Successor Agency Minutes of 07/15/2025 Page 8 of 10 AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
E. Adoption of Proposed Resolution No. 25-44, A Resolution of the City Council of the City of Cudahy Approving the Salary Plan for City Employees Presented by the Community Services Director/Acting Human Resources Manager Recommendation: The City Council is requested to approve Resolution No. 25-44, replacing Resolution No. 25-34, Approving the Salary Plan for City Employees.
Motion: Council Member Lomelí motioned to approve Resolution No. 25-44, replacing Resolution No. 25-34, Approving the Salary Plan for City Employees, 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
F. Adoption of Proposed Resolution No. 25-45, A Resolution of the City Council of the City of Cudahy Adopting the FY25-26 Classification Plan Presented by the Community Services Director/Acting Human Resources Manager Recommendation: The City Council is requested to approve Resolution No. 25-45, adopting the FY25-26 Classification Plan.
Motion: Council Member Lomelí motioned to approve Resolution No. 25-45, adopting the FY25-26 Classification Plan, 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
G. Discussion and Adoption of Resolution No. 25-46, Encouraging Small Businesses to Uphold Immigrant Rights and Adopt Policies to Limit Civil Immigration Enforcement on Private Premises
Presented by the City Clerk
City Council/Successor Agency Minutes of 07/15/2025 Page 9 of 10 Recommendation: The City Council is requested to discuss and adopt Resolution No. 25-46 encouraging small businesses to uphold immigrant rights and adopt policies to limit civil immigration enforcement on private premises.
Motion: Council Member Gomez motioned to discuss and adopt Resolution No. 25-46 encouraging small businesses to uphold immigrant rights and adopt policies to limit civil immigration enforcement on private premises, 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
15. COUNCIL DISCUSSION – NONE
At 7:55 p.m., City Attorney, Stephanie Arechiga recessed to closed session.
16. CLOSED SESSION
A. 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)
B. Closed Session Pursuant to Government Code § 54956.9(d)(4) – One Matter C. 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
At 9:08 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 all three items, direction was given and no further reportable action.
14. BUSINESS SESSION
City Council/Successor Agency Minutes of 07/15/2025 Page 10 of 10 A. Discussion of a Disposition and Development Agreement between the City of Cudahy and Primestor Development, Inc, for the Transfer and Development of Real Property involving Five Parcels Located at the Southeast Corner of Atlantic Avenue and Santa Ana Street, APN Nos. 6224-018-912, 6224-018-915, 6224-018- 913, 6224-018-914, 6224-018-911, collectively known as “Site 2”; and Adoption of Resolution No. 25-41 authorizing an amendment to the Agreement between the City of Cudahy and Primestor Development, Inc. authorizing a time extension; and Adoption of Resolution No. 25-42 declaring the City’s intent to sell Site 2 Presented by the Community Development Director/Assistant City Manager Recommendation: City staff recommends that the City Council take the following actions hear a presentation from City staff; and Adopt Resolution No. 25-41 authorizing an amendment to the Agreement between the City of Cudahy and Primestor Development, Inc. (“Primestor”), pertaining to the real property located at 4730 Santa Ana Street (APN No. 6224-018-007) allowing a time extension; and Adopt Resolution No. 25-42 declaring the City of Cudahy’s (“City”) intent to sell Site 2 and setting a hearing date for August 5, 2025, in consideration of protests.
Motion: Council Member Fuentes motioned to direct staff to negotiate an extension with Primestor on the PUT agreement up to 60 days or until the DDA is execute and bring this item back to the City Council at the next regular meeting of August 5, 2025, 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
18. ADJOURNMENT
The City Council / Agency meeting adjourned at 9:15 p.m.
Elizabeth Alcantar Loza
Mayor
ATTEST:
Richard Iglesias
City Clerk
Attachment
B
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08/05/2025 Page 1 of 3
STAFF REPORT
Date: August 5, 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: Amendment No. 1 to The Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project
RECOMMENDATION
The City Council is requested to approve Amendment No. 1 to The Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project.
BACKGROUND AND ANALYSIS
At the August 18, 2020, City Council meeting, the Los Angeles County Metropolitan Transportation Authority (Metro) presented an oral report on the status of their West Santa Ana Branch (WSAB) Light Rail Project. This project will connect southeast Los Angeles County to downtown Los Angeles through a 19-mile light rail corridor with a proposed transit station in Huntington Park and South Gate located north and south of Cudahy city limits, immediately adjacent to city boundaries. At that meeting, Metro detailed their expedited timeline for delivery of this massive light rail project. That timeline included the release and adoption of their Environmental Impact Report (EIR) in 2021 and construction slated for 2023 through a Public-Private Partnership.
Given that construction of the WSAB Light Rail Project will require extensive review by the City and will impact existing infrastructure, including streets, sidewalks, traffic signals, etc., a Master Cooperative Agreement (MCA) is required by Metro for such projects. This MCA establishes a procedure and process for dealing with all light rail project work that is to be done within the City, specifically as it impacts the public right of way or existing City facilities. It is important to note that nothing in the MCA relieves Metro or its contractor from the requirements of submitting all plans, documents, and reports for review and comment before obtaining City approval prior to the start of any construction activity within the public right-of-way. Under this MCA, the City agrees to waive all permit fees, however, all costs incurred by City staff and its Item Number
12B
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Staff Report
08/05/2025 Page 2 of 3
consultants for design review and permit coordination among others, would be reimbursed by Metro through a work plan authorization process specified in the MCA.
During the course of the project, staff may determine that it is in the City’s best interest to upgrade or enhance a public facility. These upgrades are defined in the MCA as betterments.
The City may request such betterments, however, that additional cost would have to be absorbed by the City.
On May 1, 2025, the City of Cudahy received a Notice with Amendments to The Master Cooperative Agreement. This notice had (1) a change to the procurement strategy and (2) a proposal for amendments to the Master Cooperative Agreement between the City of Cudahy and the Los Angeles Metropolitan Transportation Authority.
Amendment No. 1 Agreement includes the following amendments:
(i) adding an express acknowledgement to the recitals that the Agreement does not address any terms and conditions with respect to the 3% local funding contribution credit as this will be addressed separately;
(ii) adding an express acknowledgement to Section 2.4 that if LACMTA rejects a reasonable request for additional resources from the City in order to comply with its obligations under the Agreement, the City will be entitled to an extension of time; and (iii) adding an acknowledgement in Section 7.1 that LACMTA will be responsible for any costs relating to the presence or existence of any environmental hazard in, under or about any City Facility if remediation of hazardous materials is required for the Project in accordance with the environmental site assessments.
The city is exempt from the 3% contribution because it does not have a station within its boundaries. However, measures are being considered, such as expediting permits to reduce costs, which can be applied to the total amount of contributions for the cities that have to pay the 3%.
CONCLUSION
The City Council is requested to approve Amendment No. 1 to the Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project.
FINANCIAL IMPACT
There is no financial impact associated with approval of this item.
“Serving The People” "Sirviendo A La Comunidad"
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08/05/2025 Page 3 of 3
ATTACHMENTS
A. Metro Master Cooperative Agreement (Approved)
B. Amendment No. 1 to the Metro Master Cooperative Agreement C. Notice from Metro for the Amendment to the Metro Master Cooperative Agreement
EXECUTION VERSION
MASTER COOPERATIVE AGREEMENT FOR THE DESIGN,
CONSTRUCTION AND OPERATION AND MAINTENANCE OF A
PORTION OF THE WSAB PROJECT
BETWEEN
THE CITY OF CUDAHY
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY 2022
EFFECTIVE DATE
Attachment A Page 24 of 354
EXECUTION VERSION
PAGE
CONTENTS
ARTICLE
ARTICLE 1. SCOPE AND DURATION
ARTTCLE 2. GENERA1OB11GAT|ONS.....................................
ARTICLE 3 DESIGN,, ,, ,,, ,, ,, ,,
ARTICLE4 CONSTRUCTION,,.
ARTICLE 5, BETTERMENTS ,,,,,,
ARTICLE 6, OPERATIONAND MAINTENANCE,,..,.,.,.,,,.,,...,,...
ARTICLE 7, REIMBURSEMENTAND CREDITS,,.,,,,,,,,,,.,,,,,,,,., ARTICLE 8, INDEMNlry, WARRANTIES AND INSURANCE.,..,
ARTICLE 9, RESOLUTION OF DISPUTES.,,,-,,-,,,,,,
ARTICLElO MISCELLANEOUS,,,,,,,,,,,
ARTICLE 11, DEFINITIONSAND INTERPRETATION,,,,.,,,.,,,,, EXHIBIT 1 _ PROJECT DESCRIPTION,,.,,,,,,.,,,.,,,,,,
EXHIBIT 2 _ PROJECT PHASES AND PROJECT SCHEDULE,,,,.,
EXHIBIT 3 - PROJECT SITE, ,, , ,, ,
EXHIBIT 4 _ ROLES AND RESPONSIBILITIES,,,,....,,..,,..,..,..,,,,,,,,, EXHIBIT 5 - DESIGN REQUIREMENTS
EXHIBIT 6 _ LACMTA SUBMITTAL REVIEW PROCEDURE.,,,,,,,, , EXHIBIT 7 _ CONSTRUCTION REOUIREMENTS,,.,,-.,,.,,,.,,..,,.,,,.., EXHIBIT 8 _ INSPECTION AND ACCEPTANCE PROCEDURE.,..,,
EXHIBIT 9 _ OPERATION AND MAINTENANCE PRINCIPLES ,,..., EXHIBIT ,IO _ FORMS.,,. .,..,,,,,,,,,,,,,,
EXHIBIT 11 - GOVERNMENTAL AND LENDER REOUIREMENTS
..1
..2
8 10
1'r
12 12
15 16
17 20
29 3'1
34 38
40 42
46 47
48
EXECUTION VERSION
This Agreement is entered into by and between the City of Cudahy (the 'City"), and the Los Angeles County l\4etropolitan Transportation Authority ("LACMTA").
RECITALS
(A) LACMTA proposes to develop and open a new light rail transit line known as the West Santa Ana Branch Transit Corridor Project (as more fully defined in Nlicle 11 (Definitions and lnterpretation\, the "WSAB Prorect"). As at the date of this Agreement, the WSAB Project is undergoing an Environmental lmpact Statement (ElS)/Environmental lmpact Report (ElR) process. (B) The WSAB Project will serve various cities and communities including the City and the City intends, by this Agreement, to facilitate the development and implementation of the WSAB Project and in particular the City Portion of the WSAB Project.
(C) The Measure M ordinance requires local jurisdictions to pay three per cent of the total project cost of a major Measure M rail project (known as the "3% Contribution"). This Agreement does not address, and is not intended to address any terms and conditions with respect to any 3olo Contribution for the WSAB Project by the City Any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City, including any terms relating to any in-kind contributions, will be discussed, negotiated and agreed by LACMTA and the City under a separate agreement. Further, this Agreement is not a contract or a commitment of any kind by the City to the LACMTA Board's Land Bank Pilot Partnership with Los Angeles County Motion (June 2022) and does not commit the City to enter into negotiations, or to accept any part of the terms of the Land Bank Pilot Partnership. The City disclaims any liability arising out of or related to the Land Bank Pilot Partnership Motion (June 2022) under this Agreement.
(D) LACMTA and the City wish to enter into this Agreement in order to identify the rights and obligations between them in connection with the development and implementation of the WSAB Project. ln consideration of the mutual covenants of the Parties as set out below, the Parties hereby agree as follows:
ARTICLE ,I. SCOPE AND DURATION
1.1 Scope of Agreement
(a) The City has acknowledged the WSAB Project as a high priority public works project to provide LACMTA with expedited review and approval procedures in connection with design, design reviews, permitting, property acquisition, and other authority to be exercised by the City relating to the WSAB Project and/or this Agreement. The Parties acknowledge that this Agreement is being entered into while the environmental process is ongoing and the final EIS/ElR is being prepared and the signing of this Agreement by the City does not prejudice its right to participate in the environmental process nor does it predetermine the outcome of that process.
(b) The Parties have entered into this Agreement to
(i) acknowledge the intended scope, schedule and site for the WSAB Project as set out in EXHIB 1 (Proiect Description\, EXHIBIT 2 (Proiect Phases and Proiect Schedule\ and ExHlBlT 3 (Prolect S/te) respectively; and
(ii) define the applicable procedures, manage the interfaces and regulate the roles and responsibilities and allocation of costs between LACIMTA and the City, in respect of the design, construction, operation and maintenance ofthe WSAB Project as it relates to the City Portion and any Rearrangements.
(c) LACMTA may procure the design, construction, operation and maintenance of the WSAB Project, including the City Portion, under multiple procurements and contract packages and may self-perform parts ofthe design, construction, operation and maintenance ofthe WSAB Project, including the City Portion. As at the date of this Agreement, LACI\4TA contemplates:
I
EXECUTION VERSION
(i) procuring the performance of the Enabling Works by one or more LACMTA Contractors under one or more contractual packages,
(ii) procuring the P3 Project Scope by a LACMTA Contractor under a design, build, finance, operate and maintain agreement; and
(iii) retaining responsibility for performance by LACMTA or LACMTA Contractors of the LACMTA Retained Scope.
(d) The City acknowledges and agrees that LACMTA may: (i) engage the LACMTA Contractor(s) to carry out Design, Construction, operation and/or maintenance work with respect to the City Portion including the Design and/or Construction of Rearrangements; and (ii) in each LACMTA Contract, require the LACMTA Contractor to comply with certain of LACMTA'S obligations underthis Agreement provided that nothing in this Agreement will create any contractual relationship between the City and any LACMTA Contractor and in acrordance vtilh Seclion 10.11 (Limitalion on Thtd Parfu Beneficiaies\, nothing contained in this Agreement is jntended or will be construed as creating or confening any rights, benefits or remedies upon, or creating any oblagations of the City toward, any LACMTA Contractor.
(e) The City acknowledges and agrees that LACMTA may change the contracting and procurement strategy and plan for the WSAB Project, including the City Portion, described in Section 1.1(c) (Scooe of Aqreement\ in its sole discretion. The City further acknowledges that as at the date of this Agreement, the WSAB Project is in the Planning and Procurement Phase and LACMTA may elect:
(i) not to proceed with the WSAB Project; or (ii) to amend the scope of the WSAB Project, each in its sole discretion.
LACMTA shall promptly notifo the City of any changes to its contracting and procurement strategy or to the scope of the WSAB Project that has or is reasonably likely to have an impact on the scope, schedule or roles and responsibilities for the City Portion or the provisions and procedures set out under this Agreement. The Parties shall use good faith efforts to agree any amendmenis or supplements to this Agreement necessary to be made as a result of any such change notified by LACMTA to the City.
1.2 Duration of Agreement
This Agreement (and all of the rights and obligations under this Agreement) will come into effect on the Effective Date and continue until the first day on which passenger service on the WSAB Project commences, unless terminated earlier in accordance with the provisions of this Agreement or extended in accordance with Atlicle 6 (Operation and Maintenance\ (the "Term").
ARTICLE 2. GENERAL OBLIGATIONS
2.1 Govemance
(a) The roles and responsibilities of the City and LACMTA are set out in EXHIBIT 4 (Roies ard Respors/D/rlies).
LACMTA may establish Working Groups in relation to the WSAB Project or particular aspects of the WSAB Project for the purposes of providing a non-binding forum for LACMTA, the LACMTA Contractors and other attendees to monitor the progress of the WSAB Project, to consider issues, or potential issues, and to present, understand and discuss proposed solutions with respect to the (0
(c)
2 (b) The City and LACMTA shall each designate an individual or individuals who will be authorized to make decisions and bind the Parties on matters relating to this Agreement (the "City Representative" and "LACMTA Representative", respectively). EXHIBIT 4 (Ro/es and 8gSpg4S&i@S) provides initial designations. Either Party may change its desagnated representative by providing seven days' prior Notice to the other Party.
2.2 EXECUTION VERSION
WSAB Project. On LACMTA'S written request, the City shall ensure the attendance (in person or via videoconference or teleconference) of the City Representative (or a delegate) at any Working Group meeting held with respect to the City Portion during normal business hours and upon reasonable notice. Any Working Group meeting attended by the City Representative (or a delegate) is consultative and advisory only and nothing which occurs during any such Working Group meeting and no information that is presented during any such Wo*ing Group meeting will:
(i) affect the rights or obligations of either Party under this Agreement; (ii) entitle a Party to make any claim against the other; (iii) relieve a Party from, or alter or affect, a Party's liabilities or responsibilities whether under this Agreement or otherwise according to Applicable Lawi
(iv) prejudice a Party's rights against the other Party whether under this Agreement or otherwise according to Applicable Law; or
(v) be construed as a direction by a Party to do or not do anything.
Annual Work Plan
(a) LACMTA and the City will cooperate to develop an agreed AnnualWork Plan foreach LACMTA Fiscal Year during the Term, in accordance with the following provisions:
(a) not later than February 28 of each LACMTA Fiscal Year during the Term (or in the case of the first partjal LACMTA Fiscal Year during the Term, no later than 30 days after the date of this Agreement), LACMTA shall provide the City with information with respect to anticipated Work Orders, including a list of each item of work or scope of activities or services that LACMTA anticipates to request or require from the City during the upcoming LACMTA Fiscal Year, and the estimated start and finish dates for the item of work or scope of activities or services that LACMTA anticipates to request or require from the City; (ii) within 30 days after the City's receipt of the required information from LACMTA pursuant to Seclion 2.2(a\0\ Annual Wotu Plan\, the City shall submit a preliminary annual work plan to LACMTA for the upcoming LACMTA Fisc€l Year, which will include an estimate of the Costs under the anticipated Work Orders for which the City shall require reimbursement; (iii) promptly and in any event within 15 days' after LACMTA receives the preliminary annual work plan from the City pursuant to Section 2.2(a)(ii) (Annual UTork P/an), the City and LACi/TA will meet to review the preliminary work plan and negotiate in good faith such issues as are necessary in order to finalize and agree the annual work plan for the upcoming LACMTA Fiscal Year: and
(iv) not later than April 30 of the then current LACMTA Fiscal Year, LACMTA shall notify the City of the agreed annual work plan for the upcoming LACMTA Fiscal Year (each such agreed annualwork plan, an "AnnualWork Plan").
(b) Section 2.3(el (1,1/o* Orders) shall apply notwithstanding that the Parties may agree an Annual Work Plan setting out the schedule of anticipated Work Orders.
Work Orders
(a) lf the City is required to perform work and/or provide support and/or services under the provisions of this Agreement or LACMTA requests that the City perform work and/or provide support and/or services under the provisions of this Agreement, the City shall submit a Form 60 to LACMTA to estimate the total effort and Costs for which the City shall require reimbursement with respect to that scope ofwork.
3 23
EXECUTION VERSION
(b) lf LACMTA approves a Form 60 submitted to it by the City with respect to a scope of work under Section 2.3(a) (Wo* Orders) without requiring any changes or additions, LACMTA will issue a Work Order to the City for such scope of work and following receipt of that Work Order, the City must promptly commence the work authorized under that Work Order. (c) Each Work Order issued by LACMTA to the City in accordance with this Agreement shall specify the wo* authorized to be performed and any materials or equipment to be acquired, the amount of money that the City will be reimbursed for the authorized work as agreed under the applicable Form 60 and a schedule, including the estimated starting and finishing dates for the authorized work. (d) lf LACMTA requests changes or additions (including any additional or supplemental provisions) to a Form 60 submitted to it by the City with respect to a scope of work under Section 2.3(a) (Work Orders\ prior to issuing a Work Order, the Parties shall negotiate in good faith such changes or additions.
Upon agreement of any such changes or additions (and any necessary City council approval for such changes or additions), LACMTA will issue a Work Order to the City for the applicable scope of work, with the agreed changes or additions and following receipt ofthat Work Order, the City must promptly and without delay (and in any case within 10 days of issuance by LACMTA) accept any agreed changes or additions to the applicable Form 60 by counter-signing the Work Order or otherwise by written acceptance by the City Representative, in each case followed by prompt commencement of the work authorized under that Work Order lf the City fails to accept the Work Order within 10 days, the Work Order will be deemed to be accepted by the City. Nothing in this Section 2.3(c) shall prohibit LACMTA from approving a Form 60 under Segtj!!-2j3Ih)-.1:U&4!-l24gle4d in part and authorizing the City to mmmence the approved part of the scope of work in accordance with that Form 60. (f) Except in the case of a change required due to an emergency (which notification may be given orally and any emergency work commenced before being confirmed in writing to LACTMA withan three days), the City may submit proposed changes to a Work Order in writing to LACMTA for approval, such approval to not be unreasonably withheld or delayed. lf approved, the City may perform the work in accordance with the authorized change.
(s) LACMTA may terminate any Work Order at any time at its sole discretion, provided that the City will be entitled to reimbursement in accordance wath this Agreement for Costs, if any, already incurred. (h) The City shall promptly notify LACMTA if at any time it anticipates (i) exceeding 75% of the total estimated Costs under any Work Order within the next 60 days, (ii) that the total Costs under any Work Order will be in excess of 10% greater than previously estimated Costs: or
(iii) that the estimated finishing date will be later than the date stated in the Work Order, and shall request an amendment to such Work Order pursuant to Section 2 3(fl ( Work Orders) 2 4 Project Schedule
(a) The City agrees to cooperate and coordinate with LACMTA in accordance with the provisions of this Agreement in order for LACMTA to achieve the Project Schedule and subject to LACMTA agreeing to the reimbursement of the cost of the applicable resources in accordance with Sgqlig IIIU&!k Orders) and 7.1 (Reimbursements to the Citv), to allocate sufficient staff and other resources necessary to provide the level of service required to meet the scope of work and work schedules, r€view periods and timelines identified in this Agreement and any Work Orders. lf the City determines 4 (e) The City shall not be authorized to do any work and shall not be paid, credited or reimbursed for costs or expenses associated with any work performed in connection with a Rearrangement or the City Portion or otherwise under the provisions of thas Agreement, that is not expressly authorized by a Work Order, as may be amended pursuant to Section 2.3(fl (Work Orders).
(b)
(c)
(d)
EXECUTION VERSION
that, notwithstanding its compliance with its obligations underthis SCg!g!.Z[G), additional personnel or other resources (including through the use of City Contractors) are required to mitigate the risk of delay in performing the scope of work within the defined schedule, the City may submit a proposed chang e to a Work Order in accordance w th Sect on 2 3(0 (Work Orders) lf the City fails to carry out any work or obligations for which it is responsible under the provisions of this Agreement and/or any Work Order in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order, and such failure is attributable to the City, then, to the extent such delay directly causes: (a) LACMTA to incur additional costs; or (ai) a delay to the WSAB Project, the City must reimburse LACMTA for all actual and documented costs and expenses incurred or arising out of such delay The City shall pay such costs to LACMTA within 90 days of receiving an invoice from LACMTA. lf the Parties agree, LACMTA may deduct the amount due from the City to LACMTA pursuant to this Sgq!9!.?f(U) from payment(s) due to the City.
Wthout limiting any other rights under this Section 2.4, if: (i) the City fails to carry out any work for which it is responsible under the provisions ofthis Agreement in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order, or (ii) LACMTA reasonably determines that the City will be unable to timely mmplete such work, LACMTA may by Notice to the City suspend the affected element ofthe City's work and LACMTA may perform the remaining work. lf LACMTA takes over work in accordance with this Section 2.4(c), the City shall cooperate and assist LACMTA in accordance with the provisions of this Agreement.
To the extent a failure by LACI,TA to perform its work and obligations in accordance with the work schedules, review periods and timelines identified in thas Agreement and/or any Work Order results in a delay to the performance of the City's work under a Work Order, the City will be entitled to an equivalent extension to the affected deadline and any other relief expressly contemplated under the provisions of the applicable Work Order
(a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is not subject to zoning, building or design review, or construction permitting ordinances of the City when constructing the City Portion. (i) the City will issue a blanket Permit Notification to cover the City Portion; (ii) for those permits and fees set out in the Permit Notification, the City will not exercise or otherwise attempt to assert permitting authority over, and will not require the payment offees or the posting of bonds for or insurance by LACITTA or any TACMTA Contractor for, any work contemplated in the City Porlion or otheMise under the provisions ofthis Agreementl (iii) any processing procedures or timelines specified in the Permit Notification will be aligned with the procedures and timelines specified in this Agreement and will otherwise be streamlined as necessary to assist in the timely delivery of the City Portion in accordance with the Proiect Schedule; and
(c)
(iv) except for Cost reimbursement expressly provided under a Work Order, the City waives the payment of any permit Costs for permits identified in the Permit Notification.
To the extent any conflicts exist or arise between the provisions of the Permit Notification and the provisions of this Agreement, the provisions of this Agreement shall govern. 5 2.5 Permits
(b) Wthout prejudice to Section 2 5(a) (Permits) or the requirements set out in ExllElIflgqlstq909! Requirements\:
(d) lf requested by LACMTA, the City will provide reasonable assistance to LACMTA and the LACMTA Contractors in relation to any application by LACMTA or a LACMTA Contractor for a Governmental
EXECUTION VERSION
Approval or other Governmental Entity or third party approval relating to or arising from, the design, construction, operation or maintenance of the City Portion. (e) Wthout prejudice to the generality of SeglipEll(D.lee@lbl, the City acknowledges and agrees that unless otherwise agreed between LACMTA and the City, LACMTA may prepare, subject to concuffence by the City (which concurrence may not be unreasonably delayed or withheld), plans and applications for the establishment of street and pedestrian crossings with LACMTA's rail transit tracks, their subsequent maintenance or alteration and their operation, for submission to the CPUC.
To lhe extent required by Applicable Law, the state fire marshal and the City fire department shall review such plans and specifications and perform inspections as needed throughout the Construction of the City Portion.
2.6 Coordination of work
(a) Except in the case of Adjacent Work required as a result of an emergency (which notification and coordination may occur as soon as reasonably practicable after the occurrence of the emergency), the City will promptly notify LACMTA upon becoming aware of any proposed or planned Adjacent Work and will take all reasonable actions within its powers, to coordinate the design and performance of any Adjacent Work with LACMTA so that such Adjacent Work shall not pose a safety hazard or interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion including by:
(i) complying with the provisions of this Section 2.6 and LACMTA'S standard procedures for Adjacent Works,
(ii) to the extent requested by LACMTA following its initial screening taking into account proximity of the Adjacent Work to the City Portion, adjacency conditions, and the potential to impact the City Portion and otherwise conducted in accordance with LACMTA's standard procedures for Adjacent Works, delivering copies of designs and plans for the Adjacent Work to LACMTA and giving LACMTA the right to review and comment on the designs and plans for the Adiacent Work and to approve the final designs and plans for the Adjacent Work; and (iii) to the extent LACMTA reasonably determines and notifies the City that the Adjacent Work will, in whole or in part, pose a safety hazard or interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion, coordinating the Adjacent Work or suspending the Adjacent Work or the relevant part of the Adjacent Work (as applicable). (b) The City will, and will take all reasonable actions within its powers to ensure that any City Contractor or third party performing any Adjacent Work, City Construction Work or City Maintenance Work is obligated under contract and/or a permit process to:
(i) fully co-operate and coordinate with LACI,TA and the LACMTA Contractors including (A) attending interface deflnition and coordination meetings upon reasonable request, and
(B) providing any other interface data reasonably requested by LACtvITA or the relevant LACMTA Contractor and necessary to complete interface coordination; (ii) perform the AdjacentWork, City Construction Work or City Maintenance Work (as applicable) so as to minimize any interference with or disruption or delay to construction, operation or maintenance of the City Portion or any other part of the WSAB Project; comply with LACIITA'S or the relevant LACMTA Contractor's site access, track allocation/work permit procedures and work health and safety policies and procedures; and 6 (iii)
2.7 2.8
EXECUTION VERSION
(iv) promptly advise LACMTA of all matters arising out of the Adjacent Work, City Construction Work or City Maintenance Work (as applicable) that may interfere with, disrupt, delay or otheMise have an adverse effect upon the City Portion or any other part ofthe WSAB Project Franchise Rights
(a) After receipt of a written request from LACMTA for the City to exercise its franchise rights with respect to a utility whose facilities conflict with the City Portion, the City will:
(i) within 10 days of receipt of such written request, coordinate with LACMTA to send written notice to the applicable utility owner instructing it to relocate or remove the conflicting utility at that utility owner's expense pursuant to the City's franchise rights; (ii) within the time periods required under the applicable local, state and/or federal government codes, send all such notices as are required to be submitted for each ofthe processing steps required by local, state, and federal government codes in order for the City to exercise its franchise rights with respect to that conflicting utility (including, at a minimum, a utility claim letter, record of investigations, drafi utility agreements and/or utility certifications); and (iii) undertake subsequent enforcement actions to enforce its franchise rights with respect to that confficting utility in the event no action is taken by the applicable utility owner in response to a notice issued under SCg!q.!2lG)lEIe4q46 .
(b) LACMTA and the City shall co-operate and coordinate in executing the necessary documents for each step set out in SCgtigLlzG)[email protected]. Seclions 2.22.3 Annual Wotk Plan\ and 4 (Wo/ik Orders) will apply to any support and/or services required to be provided by the City under the provisions of this Section 2.7.
(c) Following the exercise of the City's franchise rights with respect to a conflicting utility pursuant to Section 2.7(a) (Franchlse R/ohfs), the City will coordinate the design and performance of the utility relocation or removal work performed by the utility owner with LACMTA so that such utility relocation or removal work shall not interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion including by:
(i) delivedng copies of all designs and plans for the utility relocation or removal work to LACI/TA and giving LACMTA the right to review and comment on the designs and plans for the utility relocation or removal work and to approve the final designs and plans for the utility relocation or removalwork; and
(ii) otheMise complying y,tilh Seclion 2.6 (Coordination of worl<\ with respect to the coordination of the utility relocation or removal work.
(d) LACMTA'S approval of a utility owner's design under SCg!!9!-LZG)1I-.lEtaIqt2bel3lgr!SI will not relieve the relevant utility owner or its contractors from professional liability (errors and omissions) as the design engineer of record for any utility relocation or removal work performed by the utility owner or its contractors.
Governmental and Lender Requirements
lfthe WSAB Proiect is subiectto financial assistance provided by loan agreements with the U.S. Department of Transportation, Federal Transit Administration, other Governmental Entities, and/or financial institutions providing grants, funding or flnancing, the Parties will comply with the terms and conditions set out in EXL!!B!f 11 (Govemmental and Lender Reouirements\ and any additional prescribed governmental and lender requirements set out in a Work Order or otherwise under the applicable grant, funding or financing agreements notified to the City.
7
EXECUTION VERSION
2.9 Access
lf, prior to LACMTA'S scheduled date of commencement of Construction work in a part of the City Portion, any Rearrangement is necessary to eliminate a conffict, the City may grant to LACI\4TA and/or its designee sufficient rights, if nec€ssary, to allow LACMTA to proceed with investigation of existing conditions and the Construction of that part of the City Portion in accordance with the Project Schedule, provided, however, that such grant does not unreasonably and adversely interfere with the provision of City's services to the public, or affect public health and safety; and provided further, that the City is permitted under Applicable Law to grant such right.
Except as otherwise expressly provided in this Agreement, all determinations, consents, waivers, or approvals of a Party under this Agreement must not be unreasonably withheld, conditioned, or delayed.
ARTICLE 3, DESIGN
3.1 Design Responsibilities
(a) Except to the extent of any Design work requested to be performed by the City under Sgg!]g!:3j(h) (Deslo, Responslbl/lfies), LACMTA will (directly or through LACMTA Contractors) design all Rearrangements and produce all Design Documentation relevant to those works in accordance with the provisions of this Agreement. LACMTA shall be responsible for any errors and omissions in the Design Documentation prepared by LACMTA or a LACMTA Contractor. (b) LACI\4TA may request and authorize the City to perform Design work and/or provide support s€rvices with respect to the Design of a Rearrangement pursuant to the procedures set out under Section 2.3 (Work Orders). The City shall diligently perform and shall ensure that any City Contractor diligently performs, such Design-related activities in accordance with the provisions of the applicable Work Order and this Agreement. TheCityshallbe responsible for any errors and omissions in any Design Documentation prepared by the City or a City Contractor.
3.2 DesignRequirements
The Designs of the Rearrangements shall comply with the requirements set out in EXHIBIT 5 (Des/b, Reouirements\.
3.3 Oesign Review Procedure
(a) LACMTA will submit, and will require that the LACMTA Contractors submit, the Designs for any Rearrangements to the City for review in accordance with the procedures set out in EXHIBIT 6 LACMTA Submittal Review and otherwise in accordance with the provisions of this (b) The City will carry out the review and approval of the Designs for the Rearrangements in accordance with the procedures and the review periods set out in EXHIBIT 6 (LACMIA Subm,tlai Review P!lce!!!!c) and otherwise in accordance with the provisions of this Agreement and any applicable Work Orders.
(c) LACMTA is exempt from submitting any Design for Construction work within the City Rights-of-Way to the City for City's review and approval where:
(i) LACMTA, a LACIVITA Contractor, or a tenant or licensee of LACMTA owns and maintains the structure or physical element; or
the work is related to utility trenching and shoring within OSHA guidelines and the relevant LACIVITA Contractor is OSHA certified.
(ii)
2.1O Discretions
Agreement and any applicable Work Orders.
8
3.4 EXECUTION VERSION
and without prejudice to the foregoing, the City further acknowledges that as between LACIVITA and the City, LACMTA has sole discretion to determine whether, and which, features or facilities are required in order for LACMTA to comply with its obligations under Applicable Law in connection with the WSAB Project (whether or not situated within the City Rights-of-Way) including the ADA and in the case of its obligations under the ADA to determine whether matters are technically infeasible; provided, however, in making such determination, LACMTA shall utilize current rules and regulations promulgated under the ADA, and guidelines issued by federal agencies in accordance with the ADA, including but not limited to The ADA Best Practices Tool Kit for State and Local Governments published by Civil Rights Division of the U.S. Department of Justice.
Design Development
The Parties acknowledge and agree that:
(a) the Basis of Design will establish the detailed scope, limits of work, specifications and requirements applicable to the Designs for any Rearrangements, and
(b) the Design Documentation for any Rearrangements will be submitted for review progressively in Packages and:
(i) with respect to the Design for any Rearrangements that are part of the Enabling Works, LACMTA and the applicable LACMTA Contractor will retain responsibility for defining the scope and timing of delivery of the Packages at each stage of Design; and (ii) with respect to the Design for any Rearrangements that are part of the P3 Project Scope, the P3 Developer will have responsibility for deflning the Packages as part of its design management plan for the P3 Project Scope.
City Standards
(a) The City agrees that it shall not adopt any new City Standards or otherwise amend or supplement any existing City Standards or its interpretation or application of any existing City Standards, for the sole or primary purpose of affecting the WSAB Project.
(b)Subjectto@,thePartiesacknoWledgethatthecitymayadopt
new City Standards not listed in EXLLIllllS-lpeSl@l3eqqIe4C!6) or amend or supplement existing City Standards listed in EXHIBIT 5 (Des/qn Reoulremerts) during the Term, provided that the City shall promptly (and in any case within 15 days' of adoption) notify LACMTA of any changes or additions to the City Standards adopted during the Term. (c) Any changes or additions to the City Standards applicable to a Rearrangement after the establishment of the Basis of Design for that Rearrangement shall be considered a "Bettermenf' for the purposes of this Agreement.
Changes to Design
(a) lf LACMTA wishes to amend the Final Design for a Rearrangement for which it is responsible prior to completion of Construction of that Rearrangement, it must submit the amended Design Documentation to the City and ExHlBlT 6 (LACMTA Submittal Review Procedure\ will apply as ifthe Design Documentation is for the Final Design.
LACMTA may use or may allow the relevant LACMTA Contractor to use, the amended Final Design for Construction prior to approval by the City if and only if the amendment to the Final Design is: (i) minor, (ii) does not adversely impact the relevant Rearrangement, and (iii) is necessary to overcome an issue which has arisen or become evident since the Final Design was initially approved. (b)
EXECUTION VERSION
ARTICLE4. CONSTRUCTION
41 ConstructionResponsibilities
(a) Except to the extent of any Construction work requested to be performed by the City under ction 4.1 b Construction Re sibilitrcs , LAC[,lTA (directly or through the LACMTA Contractors) will be responsible for the Construction of all Rearrangements and shall diligently perform and shall ensure that any LACMTA Contractor diligently performs, all such Construction in accordance with the provisions of this Agreement.
(b) LACMTA may request and authorize the City to perform Construction work with respect to a Reanangement and/or provide Construction support services pursuant to the procedures set out under SC.qti.qL2.3_.(U&4_Q@Is). The City shall diligently perform and shall ensure that any City Contractor diligently performs, all such Construction work and/or support services in accordance with the provisions of the applicable Work Order and this Agreement. 4 2 Construction Requirements
The Construction of the Rearrangements and any other Construction work performed in the City Rights-ofWay in connection with the WSAB Project shall comply with the requirements set out in EXHIBIT 7 ( Con structi on Reou i re ments\.
4.3 Rights-of.Way
(b) Replacement rights-of-way for the relocation of Conflicting Facilities shall be determined during the Design Phase and, if needed, may be acquired by LAC|TA or the City following mutual agreement of the Parties of the location and type of such replacement rights-of-way. When reasonably possible and where the City Facilities being replaced are located in a public right-of-way, a Rearrangement of those City Facilities shall be located in existing public rights-of-way. The required replacement rightsof-way for the relocation of Conflicting Facilities shall be acquired so as not to impair the Project Schedule. lf the City cannot acquire any necessary private rights-of-way for the relocation of Conflactang Facilities without out-of-pocket expense to itself, such private rights-of-way may be acquired by LACMTA. Upon acceptance ofthe applicable Replacement Facility, the City shallconvey or relinquish to LACMTA or its designee, if permitted by Applicable Law and agreement, at no cost, all City real property interests being taken out of service by the Rearrangement, and for which replacement real property interests are provided.
(c) Subject to Section 4.3(b) (Rrohls-of-tvay). the Parties acknowledge that LACITTA is responsible for the acquisition of any private rights-of-way necessary to Construct and/or operate the WSAB Poect on the Project Right-of-Way and LACMTA (or the LACMTA Contractors) shall be responsible for the acquisition ofany temporary construction easements necessary for the Construction and/or operation of the WSAB Project. Upon reasonable request by LACMTA, the City shall provide reasonable assistance as may be required for LACMTA to obtain rights-of-way necessary to Construct the City Portion including considering reasonable requests by LACMTA to convey to LACMTA, at no cost to LACMTA, any City-owned street crossings, slivers, surface easements and temporary construction easements that may be required for Construction and/or operation of the WSAB Project without requiring LACMTA to go through the appraisal, negotiations, offer, closing and transfer process.
Following any such reasonable request, LACMTA will prepare or cause to be prepared, the title documents and documents of conveyance and shall transmit such documents to the City Representative who shall process them through the required departments for execution and return them to LACMTA within 90 days after receipt, but in any event in accordance with the Project Schedule.
10 (a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is permitted to use City Rightsof-Way to the same extent those rights and privileges relating to City Rights-of-Way are granted to the City.
EXECUTION VERSION
(d) The City agrees and acknowledges that this Agreement satisfies any LACMTA obligations to the City and otherwise relating to the certification of rights-of-way, and that the City shall cooperate with LACMTA, and assist LACMTA, with any right-of-way certification processes involving other entities or agencies.
(e) lf, following a Rearrangement, a City Facility is located within the Project Right-of-Way, LACMTA shall provide the City with a license, in a form reasonably acceptable to the City, to operate, maintain, and/or remove such City Facility.
4.4 lnspection and Acceptance
The Parties agree that inspection and acceptance of the Construction of Rearrangements performed under this Agreement will be carried out in accordance with the procedure set out in EXHIBIT 8 (/nspecfion and A ccepta n ce Proced u re\.
ARTICLE 5. BETTERMENTS
5.1 The City shall inform LACMTA what Betterments, if any, the City requests be implemented as a Rearrangement or a part ofa Rearrangement by submitting a completed Potential Notice of Betterment Form for LACMTA'S review and approval. ln addition:
(a) any Design furnished by the City under a Work Order shall specifically identify any Betterments included in such Design and where Betterments are identified, shall be accompanied by a completed Potential Notice of Betterment Form and submitted for LACMTA'S review and approval; and
5.2 5.4
Subject to Section 5.1(b) (Befferments), the City shall submit any Potential Notice of Betterment Forms to LACMTA promptly after identifying a potential Betterment and in any event shall, unless otherwise agreed by LACMTA, deliver all Potential Notice of Betterment Forms to LACMTA prior to the establishment of the Basis of Design for the P3 Project Scope.
No Betterment shall be constructed and LACMTA shall have the right to refuse and withhold approval for any Betterment, that;
(a) is incompatible with the WSAB Project;
(b) cannot be performed within the constraints of Applicable Law, any applicable Governmental Approvals, and/or the Proiect Schedule, or
(c) is requested after the establishment of the Basis of Design for the P3 Project Scope. lf LACMTA approves a Betterment (with orwithout changes negotiated and agreed by LACMTA and the City):
(a) the LACMTA Representative shall counter-sign the Potential Notice of Betterment Form (updated to include any changes negotiated and agreed by LACMTA and the City); and (b) the City will be responsible for the cost of the Betterment.
LACMTA shall not be responsible for the cost of any Betterment. Such cost will be paid to LACMTA or credited to LACN,4TA in accordance with Section 7.2 (Reimbursement and Credi!$to LACMTA\.
5.5 11
(b) if a City comment to a LACMTA Submittal constitutes a Betterment, LACMTA will notitr/ the City and within '10 days of delivery of that notice, the City will: (i) withdraw the relevant comment, or (ii) submit a request for the applicable Betterment by submitting a completed Potential Notice of Betterment Form for LACMTA'S review and approval. lf the City fails to respond within '10 days of a notice delivered by LACMTA under this Section 5.1(b), the comment will be deemed to be withdrawn provided that such deemed withdrawal shall be without prejudice to the City's right to submit the Betterment under a subsequent Potential Notice of Betterment under this Section 5.1.
6.1 6.2
EXECUTION VERSION
ARTICLE 6. OPERATION AND MAINTENANCE
LACMTA may, at any time during the original Term, issue to the City a request to extend the Term to anclude the Operation and lvlaintenanc€ Phase or to enter into a new master cooperative agreement with respect to the Operation and l\4aintenance Phase.
Following issuance of a request by LACMTA under Seclion 6.1 (Operation and Maintenance\, the Parties shall use good faith efforts to agree an amendment or supplement to this Agreement or to agree a new master cooperative agreement to address the Parties respective obligations during the operation and maintenance of the WSAB Project and the procedures and cost reimbursement principles that shall apply to the coordination and peformance of their respective obligations during the operation and maintenance of the WSAB Project.
6.3 The Parties agree that any amendment or supplement to this Agreement or any new agreement entered into in accordance with Section 6.2 (Ooerallon and Mamfenance) shall be on terms that are substantially consistent with:
(a) the provisions set out in this Agreement (to the extent applicable and subject to any necessary amendments to reflect the different phase of the WSAB Project); and
6.4 ARTICLE 7. REIMBURSEMENT AND CREDITS
7.1 Reimbursements to the City
(a) Except with respect to Betterments, LACMTA will reimburse the City for Costs incurred for work performed by the City or the City Contractors under a Work Order in accordance with this Section 7. 1 and the provisions of the applicable Work Order.
(b) lf a Rearrangement performed under a Work Order is limited to the removal or elimination of a City Facility, LACMTA will only be responsible for any Costs incurred in Abandoning such City Facility and will not be required to replace or compensate the City for the replacement of that City Facility. (c) As described in EXHIBIT 1 (Prolecl Descflbtior), LACMTA (or its LACMTA Contractors) will be responsible for any environmental site assessments and any remediation of hazardous materials to be performed on the Project Site for the purposes of the WSAB Project. LACMTA will not be responsible for any costs relating to the presence or existence of any environmental hazard on, in, under or about any City Facility, including but not limited to, any "hazardous substance" as that term is defned under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. S 9601 et seq.), unless LACMTA or any LACMTA Contractor caused the environmental hazard through its actions.
(d) The City shall use the following procedures for submission of its billings to LACMTA, on a progress basis, for work performed by the City under a Work Order:
(i) the City shall commence its monthly billing within no more than 60 days, following the commencement of wo.k under a specific Work Order and shall bill monthly thereafter following the City's standard billing proceduresi
(b) the agreed operation and maintenance principles sel oul in EXHlglf I (Operation and Maintenance Pinciples\.
Any amendment, or supplement or new agreement agreed by the Parties in accordance with Section 6.2 (Operation and Maintenance) shall be flnalized and documented in accordance with Section 10.7 (Amendments\
12
EXECUTION VERSION
the City shall provide supporting documents to demonstrate the Costs incurred by the City with respect to a Work Order, including City Contractor invoices, and other data, to LACMTA upon request,
(iii) each billing statement shall: (A) be noted as either "progress" or "final"; (B) be addressed to the LACMTA Representative; (C) include a certification that the Costs identified in such billing were appropriate and necessary to the performanc€ of the work under the Work Order and have not previously been billed or paid, and (D) reffect any applicable credits due to LACMTA under this Article 7;
(iv) the final billing, with a notation that all work covered by a given Work Order has been performed, shall be submitted to LACMTA within 60 days after completion of the work under the applicable Wod( Order, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the Costs identified in such billing were appropriate and necessary to the performance of the work under the Work Order and have not previously been billed or paid, and
(v) atter the expiration of the 60 day period described in Section 7.1(dxiv) (Relrrbursernents lo the Clrv), LACMTA may notify the City in writing that the 60 day closing billing period has expired, and upon the City's receipl of such Notice from LACMTA, the City shall have 30 days to submit its final invoice lf the City fails to submit an invoice within such 30 day period, then LACMTA shall have no further obligation for payment to the City with regard to any amounts due or payable under the applicable closed out Work Order.
On completion of the Construction of the City Portion, LACMTA will issue a Notice of closeout to the City. Within 90 days of receiving such Notice, the City must issue invoices to LACMTA for all outstanding work. lf the City fails to submit an invoice not previously submitted within such 90 day period, then LACMTA shall have no further obligation for payment to the City with regard to any amounts due or payable under the applicable anvoice.
7.2 Reimbursements and Credits to LACMTA
(a) LACMTA shall receive a credit, or payment forl
(i) salvage for items recovered from existing City Facilities that the City intends to re-use in the performance of Construction work performed under the provisions of this Agreement where the amount of salvage credit or payment, if any, shall equal the depreciated value of like or similar materials as determined by agreement of the Parties, plus storage and transportation costs of such materials salvaged for the City's use,
(ii) Betterments upon acceptance of physical work where the amount of the Betterment payment shall be based upon the estimated cost ofthe Replacement Facility less the estimated cost of the Conflicting Facility; and (B) the amount of a Betterment credit, if any, shall be a frxed amount determined by the Parties during Design Development based upon estimates provided by the Caty and agreed to by LACMTA under a Potential Notice of Betterment Form; and (iii) the Expired Service Life Value of each Conflicting Facility being replaced if the Replacement Facility will have an expected period of useful service greater than the period that the existang Conflicting Facility would have had, had it remained in service and the Rearrangement not been made, where:
(A) the "Expired Service Life Value" shall be an amount determaned by the Parties during Design Development based upon estimates provided by the City of the depreciated value of the Confiicting Facility (calculated by multiplying the cost of the (e)
(A)
13 (ii)
EXECUTION VERSION
Replacement Facility by a fraction, the numerator of which is the age ofthe Coniicting Facility and the denominator of which is the estimated overall service life of the Confl icting Facility); and
(B) the Expired SeNice Life Value shall be determined by the Parties in accordance with Seclion 7.2(a\(iii\(A\ (Reimbursements and Credits to LACMTA\ prior to the commencement of the applicable Rearrangement work and documented in the applicable Work Order.
(b) LACIVITA shall receive
(i) a credit Geflected on the applicable invoice(s) submitted by the City) for salvage, Betterments, and Expired Service Life Value of the City Facilities against work performed by the City, where the City performs the work under a Work Order; and
(ii) payment from the City for salvage, costs of Betterments, and Expired Service Life Value of the City Facilities where LACMTA performs the work invoiced and paid in accordance with this Article 7.
(c) The sum ofcredits and/or payments due to LACN4TA for salvage shall be agreed by the Parties based on applicable books, records, documents and other data. ln addition, LACMTA and the City may conduct an inspection survey of a Conflicting Facility during the Design Development process.
LACMTA may request and authorize the City to perform support services with respect to any such inspection survey pursuant to the procedures set out under Sgq!9!Ll,yyO4!-!2I0EIg). (d) Where LACMTA is due a payment under this Article 7
(i) LACMTA shall commence its monthly billing within no more than 60 days, following the commencement of the applicable work and shall bill monthly thereafter following LACMTA'S standard billing procedures;
(ii) LACMTA shall provide supporting documents to demonstrate the costs incurred by LACMTA, including LACMTA Contractor invoices, and other data, to the City upon request; (iii) each billing statement shall: (A) be noted as either "progress" or "final"; (B) be addressed to the City Representative; and (C) include a certification that the Costs identified in such billing were appropriate and necessary to the performance of the applicable work and have not previously been billed or paid,
(iv) the final billing, with a notation that ail applicable work has been performed, shall be submitted to the City within 60 days after completion of the applicable work, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the costs identified in such billing were appropriate and necessary to the performance of the applicable work and have not previously been billed or paid, and (v) after the expiration of the 60 day period described in Section 7. '1 (dxiv) (Relrnborsements and Credits to LACMTA), the City may notify LACMTA in writing that the 60 day closing billing period has expired, and upon LACMTA'S receipt of such Notice from the City, LACMTA shall have 30 days to its submit final invoice. lf LACMTA fails to submit an invoice within such 30 day period, then the City shall have no further obligation for payment to LACMTA with regard to any amounts due or payable under the applicable work.
Payment of each invoice properly submitted pu.suant lo Sedion 7.1 (Reimbursene ot 7-2 (Reimbursements and Credits to LACMTA\ shall be due within 60 days of receipt, provided that: (a) all such payments shall be conditional, subject to post-audit adjustments, (b) final payment for a Rearrangement shall 14 7.3 Payment of Billings
EXECUTION VERSION
be contingent upon final inspection (and acceptance) of the work by the Party billed for such work, which inspection (and acceptance, where applicable), will not be unreasonably withheld or delayed, and (c) LAC|TA may withhold payments in the amount of any credit amounts due to LACMTA if the City has not posted such credits within 60 days after submittal of requests for the same by LAClvlTA.
ARTICLE 8. INDEMNITY, WARRANTIES AND INSURANCE
8.1 lndemnity
(a) Each Party shall release, defend, indemnify, and hold harmless the other Party and its respective officers, agents, representatives, and employees from and against all liabllities, expenses (including legal fees and costs), claims, losses, suits, and actions of any kind, and for damages of any nature, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with its performance under this Agreement.
(b) ln contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, the Parties, as between themselves, pursuant to Sections 895.4 and 895.6 of the Government Code, each assume the full liability imposed on them, or any of their officers, agents or employees, by law for injury caused by negligent or wrongfui act or omission occuning in the performance of this Agreement to the same extent that such Party would be responsible under Scgtj!!-.rg-llb)-]@qbaztD. The provisions of California Cavil Code Section 2778 are made a part of this Agreement as if fully set out in this Agreement. (c) Each Party agrees to notify the other promptly upon receipt of any third-party claim for which a Party is entitled to indemnity under this Agreement.
8.2 Warranty
(a) ln lieu of providing a bond, LACN4TA warrants that any work affecting the structural stability of City Rights-of-Way shall be free from defect for a period of two years following City acceptance. Pursuant to this warranty and for the warranty period only, LACMTA, at its sole expense, shall remedy any damage to City Rights-of-Way to the extent caused by a failure of such structural support installed by LACt\4TA.
(b) Solely with respect to Rearrangements performed by LACMTA or the LACMTA ContractoG and any work performed by the City or the City Contractors, the City and LACITTA each warrant to the other for a period of one year from and after acceptance ofthe work that any work performed by them shall be free from defect. Subject to Section 8.2 a Wanan , the limited warranty given under this Section 8.2(b) is the sole warranty given by the City andior LACMTA, and, pursuant to this warranty, and for the warranty period only, the City or LACIVITA, as the case may be, shall remedy any such discovered defect at its sole expense.
(c) ln connection with Rearrangements performed by LACMTA or the LACMTA Contractors and any work performed by the City or the City Contractors, warranties supplied by the LACMTA Contractors and City Contractors to LACMTA or the City (as applicable) shall be made for the benefit of both LACMTA and the City.
8.3 lnsurance
(a) The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains:
(i) a provision requiring the general contractor, as part of the liabilify insurance requirements, to provide an endorsement to each policy of general liability insurance naming the City and LACMTA as additional insureds; and
15
EXECUTION VERSION
(ii) unless otherwise mutually agreed by the Parties, the requirement for: (A) construction general contractors to provide evidence of insurance in the following amounts: $5,000,000 in general liability; $1,000,000 in workers' compensation/employeis liability; and $'1,000,000 in combined single limit (CSL) in auto liability; and (B) design contractors to provide evidence of insurance in the following amountsr $5,000,000 in general liabiiityi 91,000,000 in workers' compensation/employer's liability; $1,000,000 (CSL) in auto liability; and $1,000,000 in professional liability.
(b) Each Party must
(i) give the other Party 20 days' Notice prior to any reduction in scope or cancellation or expiration of any insurance procured by it under this Section 8.3; (ii) give the other Party 20 days' Notice prior to it agreeing to a reduction in scope or the cancellation or expiration of any insurance procured by a LACMTA Contractor or City Contractor (as applicable) under this Section 8.3, and
(iii) notify the other Party within five days if it receives a Notice from a LACMTA Contractor or City Contractor (as applicable) of the expiration of any insurance procured under this Sggtjq!-.1l3.
9.'l Attempt to Resolve
ln the event of dispute or difference arising under, out of or in connection with or relating to this Agreement, jncluding any question regarding its existence, validity or teffiination ("Dispute"), the Parties shall make good faith efforts to resolve the Dispute through negotiation.
9.2 Arbitration - No Work Stoppage
(a) lf the Parties are unable to resolve a Dispute pursuant to Section 9.1 (Atfempf to Reso/ye), either Party may serve the other Party a demand for arilitration. Wthin 22 days (or such longer period as agreed by the Parties) of receipt of such demand, the Parties shall agree on a sole arbitrator. If the Parties are unable to agree to the appointment of a sole arbitrator within the 22 days (or any longer period as may be agreed), each Party shall select an arlcitrator and those arbitrators shall select a qualified neutral third party to adritrate with regard to the Dispute ("Neutral Arbitrator") to form a three-person panel. lf either Party fails to designate its arbitrator within 22 days (or longer period as agreed) of delivery ofthe demand or if the two designated arbitrators are unable to select the Neutral Arbitrator within five days of their appointment, a Neutral Arlcitrator shall be designated pursuant to Section 1281.6 of the California Code of Civil Procedure, who shall hear the matter as the sole arbitrator.
(b) The Parties acknowledge that Section 1283.05 of the California Code of Civil Procedure is applicable to those issues not involving work stoppage. A hearing date shall be set as promptly as possible following selection of the arbitrator in accordance wilh Secli'on gza\ Grbitration - Saoooaoe). The arbitrator's award shall follow promptly the hearing's conclusion, shall be supported by law and substantial evidence and the issuance of written findings of fact and conclusions of law.
The making ofan award that does not comply with such requirements shall be deemed to be in excess of the arbitratods power and the court shall vacate the award if afrer review it determines that the award cannot be corrected without affecting the merits of the decision upon the controversy submitted
9.3 Arbitration - Work Stoppage
(a) In the event of a Dispute, neither Party is permitted to stop work, except: (i) for reasons of public health orsafety; or (ii) where work is prevented from continuing pending resolution ofthe Dispute. ln the event that work is stopped, the provisions of this SggUg!:Lg shall apply. Upon stoppage of work, either Party may serve the other Party a demand for arbitration. A Neutral Arbitrator who is able to 16 ARTICLE 9. RESOLUTION OF DISPUTES
EXECUTION VERSION
hear the Dispute and render a decision within five days after being selected shall be immediately designated pursuant to Section 1281 .6 of the California Code of Cavil Procedure.
Any person who has any material financial or personal interest in the results of the arbitration shall be prohibited from acting as Neutral Arbitrator. Failure to disclose any such interest or relation sha ll be grounds for vacating an award handed down under ection 9.2 Arbitration - No Wotk Stoopaoe) or 9.3 (Arbitration - s
Wa* Stappaae\
9.5 Compensation of the Arbitrator
Each Party shall pay the expenses and fees of the arbitrator it selects. The expenses and fees of the Neutral Arbitrator shall be paid in accordance with the provisions of Section 1284.2 ol lhe California Code of Civil Procedure.
9.6 Other Provisions
An arbitrator or panel appointed under this Article I shall have only the authority to issue a non-binding award to resolve the dispute of the Parties. Except as otherwise expressly provided in this Agreement, any arbitration under this Article I shall be governed by the California Arbitration Act.
9.7 lncorporation of Subcontracts
The City must ensure that any contract entered into in connection with performance of the work under this Agreement includes provisions equivalent to this AlElCj.
10.1 Force Majeure
No Party may bring a claim for a breach of obligations under this Agreement by the other Party or incur any liability to the other Party for any losses or damages incurred by that other Party if a Force Majeure Event occurs and the affected Party is prevented from carrying out its obligations by that Force Majeure Event.
During the continuation of any Force Majeure Event, the affected Party shall be excused from performing those of its obligations directly affected by such Force Majeure Event provided that the occurrence or continuation of any Force Majeure Event shall not excuse any Party from performing any payment obligations contemplated under this Agreement. lf a Force Majeure Event occurs, the City agrees, if requested by LACMTA pursuant to Section 2.3 (ryork Orders), and if deemed possible and feasible by the City (acting reasonably), to accelerate the performance of its obligations under this Agreement and any Work Order to mitigate any delay arising from the Force Majeure Event provided that LACIITA agrees to reimburse the City for the incremental actual costs of such acceleration.
17 (b) Notwithstanding Sections 1282.2(b) and Section 1282(e) of the California Code of Civil Procedure (regarding postponement of the hearing), where work is stopped, the Neutral Arbitrator may not postpone nor adjourn the hearing except upon the agreement of the Parties. The arbitration may proceed in the absence ofa Party who, after due Notice, fails to appear. ln addition to all other issues, the Neutral Arbitrator shall also determine whether it was absolutely necessary to stop and await resolution ofthe Dispute in orderto continue the work. lf it is determined thatthe work stoppage was not necessary, the Party that did not stop the work shall be entitled to damages (as determined by the Neutral Arbitrator) arising out of such work stoppage. Section 9.2(b\ (Arbitration - No Work Sfoppaoe) shall also apply.
9.4 lmpartiality of Arbitrator
ARTICLE 10. MISCELLANEOUS
EXECUTION VERSION
10 2 Existing Agreements
This Agreement does not negate or otherwise modify any existing easements, Iicenses or other use and/or occupancy agreements between the City and LACMTA or to which LACMTA has become or does become a successor either by assignment or by operation of law
10 3 Audit and lnspection; Maintenance of Records
(a) Audit and lnspection. For the period commencing on the Effective Date and ending on the date falling three years after the end of the Term, each Party will have such rights to review and audit the other Party and its books, records and documents as may be deemed necessary for the purposes of verifying compliance with this Agreement, Applicable Law and the City Standards at all times during normal business hours, without charge. Each Party represents and warrants the completeness and accuracy in all material respects of all information it or its agents provides in connection with any audit by the other Party. lf an audit shows that a financial adjustment is required, the Parties will usegood faith efforts to agree such adiustment. The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains provisions acknowledging the rights of the City or LACMTA (as applicable) under this Section '10.3(a) (b) Maintenance of Records. The City shall (and shall ensure that any City Contractor will) keep and maintain its books, records, and documents related to performance of the work under this Agreement (including all Costs incurred) for three years after the end of the Term; except that, all records that relate to Disputes being processed or actions brought under this Agreement must be retained and made available until any later date that such Disputes and actions are finally resolved. The City reserves the right to assert exemptions from disclosure of information that would be exempt under Applicable Law from disclosure or introduction into evidence in legal actions.
10.4 Notices
(a) Each Notice under this Agreement must be in writing and: (i) delivered personally; (ii) sent by certified mail, return receipt requested; (iii) sent by a recognized overnight mail or courierservice, with delivery receipt requested; or (iv) sent by email communication followed by a hard copy, to the following addresses (or to such other address as may from time to time be specified in writing by such person):
To the City:
City Manager (or designee)
City of Cudahy
Wth a copy to
Director of Public Works (and/or the City Engineer),
City of Cudahy
18 Wth a copy to:
City Attorney
City of Cudahy
EXECUTION VERSION
To LACMTA
Wth a copy to
Program Management
Los Angeles County lvetropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 900'12
Facsimile No.: (213) 922-7447
Attn: June Susilo, Deputy Executive Officer
Vvlth a copy to
County Counsel
Los Angeles County l\4etropolitan Transportation Authority One Gateway Plaza, 24th Floor
Los Angeles, CA 90012
Facsimile No.; (213) 922-7447
Attn: Teddy Low, Senior Deputy County Counsel
Wth a copy to
Metro Real Estate
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 22nd Floor - Real Estate
Los Angeles, CA 90012
Facsimile No.: (213\ 922-7447
Attn: John Potts, Executive Officer
(b) Any Notice sent personally will be deemed delivered upon receipt, and any notice sent by mail or courier service will be deemed delivered on the date of receipt or on the date receipt at the appropriate address is refused, as shown on the records of the U.S. Postal Service, courier service or other person making the delivery, and any notice sent by email communication will be deemed delivered on the date of receipt as shown on the received email transmission (provided the hard copy is also delivered pursuant to SC.g!.9!_l-0-4G)l{q ). All Notices (including by email communic€tion) delivered after 5:00 p.m. PST will be deemed delivered on the first day following delivery that is not a Saturday, a Sunday, or a federal public holiday.
10.5 Assignment; Successors and Assigns
A Party cannot assign, novate, or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of the other Party unless this Agreement expressly provides otherwise. This Agreement is binding upon and will inure to the benefit of LACMTA and the City and their respective successoE and permitted assigns.
'19
Chief Program Manager
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, '16th Floor
Los Angeles, California 90012
Facsimile No.: (213) 922-7382
Attn: Eduardo Cervantes or John Koo, Third Party Administration
10.6 Waiver
(a) No waiver of any term, covenant, or condition of this Agreement will be valid unless in writing and executed by the obligee Party.
EXECUTION VERSION
(b) Either Party's waiver of any breach or failure to enforce any of the terms, covenants, conditions, or other provisions of this Agreement at any time will not in any way limit or waive that Party's right to subsequently enforce or compel strict compliance with every term, covenant, condition, or other provision of this Agreement, despite any course of dealing or custom of the trade (other than the waived breach or failure in accordance with the provisions of such waivers) 10 7 Amendments
10.8 Governing Law and Jurisdiction
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. The rights and remedies of LACMTA and the City for default in performance of this Agreement or any Work Order are in addition to any other rights or remedies provided by law.
10.9 Severability
lf any provision of this Agreement is ruled invalid by a court having proper jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the balance of this Agreement, which will be construed and enforced as if this Agreement did not contain such invalid or unenforceable clause, provision, Article, Section subsection or part.
'10 10 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
10.11 Limitation on Third Party Beneficiaries
Nothing contained in this Agreement is intended or will be construed as creating or confurring any rights, benefits or remedies upon, or creating any obligations of the Parties toward, any person not a party to this Agreement.
10.12 Survival
The representations, warranties, indemnities, waivers and any express obligations of the Partaes following termination, set out in this Agreement shall survive the expiration or termination, for any reason, of this Agreement
ARTICLE 1I. OEFINITIONS AND INTERPRETATION
11 1 Definitions
Unless the context otherwise requires, capitalized terms and acronyms used in this Agreement have the meanings given in this Section 11.1.
"Abandon" means the permanent termination of service, or the removal of an existing City Facility or portion of it.
"ADA" means the Americans with Disabilities Act, 42 U.S C S 12101 et seq "Adjacent Work" means any removal, demolition, repair, restoration, relocation or reconstruction of existing facilities and/or construction of new facilities and/or other physical works by the City or a third party: (a)that is performed or to be performed within, or within 100 feet of, the Project Site; or the perfonrance of which is otherwise reasonably likely to conflict with the design, construction. operation or maintenance of the City This Agreement can only be amended or replaced by a written instrument duly executed by the Parties 20
EXECUTION VERSION
"Advanced Conceptual Engineering" means the phase of the Design process that advances the project scope from a conceptual state to a level of schematic design that describes the project technical and architectural approach in order to address environmental and community impacts, signitjc€nt interfaces and operational characteristics to support environmental approvals. The plan percentage complete ranges generally from the initiation of Design (0%) to 15%.
"Agreement" means this agreement and any schedules, exhibits, attachments and annexures to it. "Annual Work Plan" means an annual work plan prepa.ed and agreed by LACN4TA and the City in accordance with Seclion 2.2 lAnnual Wot* Plan
"Applicable Law" means any statute, law, code, regulation, ordinance, rule, common law, judgment, judicial or administrative order, decree, directive, or other requirement having the force of law or other governmental restriction (including those resulting from the initiative or referendum process) or any similar form of decision of or determination by, or any intenrretation or administration of any of the foregoing by, any Governmental Entity which is applicable to the City Portion, Rearrangements, any work performed under this Agreement or any relevant person. whether taking effect before or after the date of this Agreement. Applicable Law excludes Governmental Approvals, customs, duties and tariffs. "Basis of Design" means
(a) for those Rearrangements that are identified by LACMTA as being part of the Enabling Works (either under the provisions of this Agreement or by a notice delivered under Section 1.1(fl (Scope of Adreement\\,lhe approval (or deemed approval) by the City under the provisions of this Agreement of the 60% Design Documentation for those Reanangements, and (b) for those Rearrangements that are identifed by LACMTA as being part ofthe P3 Project Scope (either under the provisions of this Agreement or by a notice delivered under Section 1.1(0 (Scope of Aoreement\), the scope, specifications and requirements (including the requirements of the final EIR/ElS) that form the basis of the request for proposal issued by LACMTA for the P3 Project Scope. "Betterment" means work performed in connection with any Rearrangement or as part of a Rearrangement (a) comprising an upgrade, change or addition to a City Facility (or a part of a City Facality) requested by the City that provides for greater capacity, capability, durability, appearance, efficiency or function or other betterments of that City Facility over that which was provided by the Caty Facility prior to the Rearrangement; or
(b) for which the City Standards applicable to that Rearrangement are changed or added to afrer the establishment of the Basis of Design for that Rearrangement, provided that the term "Betterment" shall exclude
(i) an upgrade, which the Parties agree, will be of direct and principal benefit to the construction, operation and/or maintenance of the WSAB Project;
21 Portion, and (b) in the case ofworks performed or to be performed by a third party, of which the Caty is aware or ought to be aware.
an upgrade resulting from Design or Construction in accordance with the applicable City Standards as set out in ExElBLfllpegl14.']3eqllleae!6) and any changes or additions to those City Standards notified to LACMTA prior to the establishment ofthe Basis of Design for the Rearrangement and that have not been adopted by the City in breach of Section 3 5(a) 1e&Sle4dc!6):
(iii) measures to mitigate environmental impacts identified in the WSAB Project's Final Environmental lmpact Report or Statement and any supplemental environmental repods for the WSAB Project,
(iv) replacement of devices or materials no longer regularly manufactured with the next highest grade or size, and
(v) an upgrade that is the consequence of changes made by LACIVITA or a LACMTA Contractor after the establishment of the applicable Basis of Design. "City" is defined in the Preamble. "City" shall also refer to any City owned or operated "wate/' and/or "power" departmentS.
"City Contracto/' means any contractor, consultant, tradesperson, supplier or other person engaged or authorized by the City to perform any Adjacent Work, City Design Work, City Constructaon Work or any other work to be performed by the City under the provisions of this Agreement or otherwise on or about the Project Site but excluding LACMTA and the LACMTA Contractors.
"City Design Work" means any Design work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Facility" means real or personal property located within or near the City Portion, such as structures, improvements, and other properties, which are under the ownership or operating jurisdiction of the City, and shall include, but not be limited to, public streets (any classification), highways, bridges, retaining walls, pedestrian/utility tunnels, alleys, storm drains, sanitary sewers, survey monuments, parking lots, parks, public landscaping and trees, traffic control devices, lighting and communications equipment (cameras, sensors, LTE, microwave receivers, etc.) and public buildings, police and fire department related improvements, as well as any dams or water storage tanks, systems, and appurtenances. City-owned airport and harbour facrlrties are not rncluded in this definition
"City Maintenance Work" means any maintenance work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order or under the provisions of this Agreement. "city Municipal Code" means the Cudahy N,/Iunicipal Codel "City Rights-of-Way" means the public streets, highways, bridges, parks and other public rights-of-way within the City.
"City Standards" means the City's design standards and ordinances which govern the design of all Rearrangements, as specifed in EXHIBIT 5 (Deslon Resulrements) or adopted by the City and notified to LACMTA an accordance with Section 3.5 (City Sfardards) specified in ExHlBlT 5 (Design Requirements) which govern the design of all Rearrangements.
(a) the LACMTA Submittal or Design work or Construction work that is the subject of the LACN,4TA Submittal fails to comply with (or is reasonably likely to fail to comply if implemented in accordance 22 EXECUTION VERSION
"City Construction Work" means any Construction work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Portion" means that portion of the WSAB Project that will pass in, on, under, over or along public streets, highways, bridges, parks and other public righlof-way within the City, as shown in Part B of ExHlBlT 3 (Prolect Slfe).
"City Representative" is defined in Section 2.1(b) (Goverrarce). "Compliance Comment" means a comment on, objection to or the withholding of approval to a LACMTA Submittal on the basis of one or more ofthe following:
EXECUTION VERSION
with the LACMTA Submittal) any applicable covenant, condition, requirement, term or provision of this Agreement, or
(b) LACMTA (or the relevant LACMTA Contractor (as applicable)) has not provided all content or information required with respect to the LACMTA Submittal. "Conflicting Facility" means an existing City Facility, which the Parties determine requires Rearrangement in order to construct, operate or maintain the WSAB Project. "Construction Phase" means the phase of the WSAB Project identified as such in EXHIB,T 2 (Proiect Phases and Proiect Schedule\.
.'constructionStagingPlan''haSthemeaninggiVenin@,
"Cosf' means all eligible direct and indirect costs actually incurred for activities or work performed or materials acquired in accordance with the provisions of this Agreement, less (in respect of the City) credits to LACMTA as provided in Ad.^icle 7 (Reimbursement and Credits\ where. (a) eligible direct costs include allowable direct labor costs, materials costs, and storage and transportation costs of materials salvaged for the City's use in performing the applicable work; (b) eligible indirect costs shall be computed based upon the indirect cost rates approved annually for the City by its cognizant agency, and as noted on the Form 60, for allocation to federally funded or state funded contracts; and
"CPUC" means the California Public Utilities Commission "days" means, unless otherwise stated and whether or not capitalized calendar days "Design" means all activities related to the design, redesign, engineering or architecture of any Construction "Design Documentation" means all drawings (including plans, profiles, cross-sections, notes, elevations, typical sections, details and diagrams), specifications, reports, studies, working drawings, shop drawings, calculations, electronic files, records and submittals necessary for, or related to, the design of the Reaarangements.
"Design Phase" means the phase of the WSAB Project identified as such in EXLLlBll2-.lJ?tqeg!!%ASeS jld Proiect Schedule\.
"Dispute" is defined in Article I (Reso/utlo, orDlsootes) "Construction" means all construction activities related to the City Portion that are necessary to complete and operate and maintain the WSAB Project including the removal, demolition, replacement, restoration, alteration or realignment of existing facilities and the procurement, installation, inspection, and testing of new facilities including temporary and permanent materials, equipment, systems, software, and any components of such permanent materials, systems and software.
(c) unless the lnternal Revenue Service and the CPUC issue regulations or rulings to the contrary, the eligible direct and indirect costs shall not include taxes purportedly arising or resulting from LACMTA's payments to the City under this Agreement.
"Design Developmenf' means the phase of the Design process that occurs afrer Advanced Conceptual Engineering and that develops, on a progressive basis, a clear indication of the design solutions for the applicable requirements and the major features of the architectural and structural design and third party interfaces that are intended to form the basis for the Final Design. 23
EXECUTION VERSION
"Effective Date" means the date stated as such on the first page ofthis Agreement. which shall be the date when this Agreement has been fully executed on behalf of the City and LACMTA. "ElR/ElS" means the Environmental lmpact Report/Environmental lmpact Statement for the WSAB Project completed pursuant to the California Environmental Quality Act and National Environmental Policy Act. "Enabling Works" means those elements ofthe WSAB Project scope that LACMTA intends to procure under separate contract package(s) to the P3 Project Scope, as described in Part B of EXHIBIT 1 (Proiecf Desciption\.
"Engineer of Record" means the individual, firm or entity that performs the Design, that imprints the engineer's/architect's seal on the drawings, and is responsible and liable for the Final Design. "Expired Service Life Value" is defined in Section 7.2(a)(iii)(A) (Relmbursemenfs and Credits to LACMIA). "Final Design" means the phase of the Design process which provides the detailed design for all temporary and permanent project facilities and addresses and resolves all Design review Compliance Commenis and finalizes all engineerang, architectural and systems designs necessary for Construction. lt ends with an approved-for-construction plan status and with the Design being signed and sealed by the'Engineer of Record'.
"Force Majeure Event" means the occunenc€ of any ofthe following events afterthe date ofthis Agreement that directly causes either Party (the "affected Party") to be unable to comply with all or a material part of its obligations under this Agreement.
(a) war, civil war, invasion, violent act of foreign enemy or armed conffict or any act of terrorism; (b) nuclear, chemical or biological contamination unless the source or cause of the contamination is brought to or near the Project Site by affected Party,
(c) ionizing radiation unless the source or cause of the ionizing radiation is brought to or near the Project Sate by the affected Party;
(d) any fire, explosion, unusually adverse weather, flood or earthquakes, (e) any named windstorm and ensuing storm surges, including the direct action of wind originating ftom a named windstorm:
(0 any riot or civil commotion;
(S) any blockade or embargo;
(h) epidemic, pandemic or quarantine; or
(i) any offcial or unofftcial strike, lockout, go-slow or other dispute, generally atfecting the construction industry or a significant sector of it,
except, in each case, to the extent attributable to any breach of this Agreement or Applicable Law by, or any negligent act or negligent omission of, the afiected Party. "Form 60" means Form 60 (Professional Services CosuPrice Summary) in the form attached as Part A of EXHIBIT '10 (Forms).
"Governmental Approval" means any approval, authorization, certification, consent, license, permit, registration or ruling, issued by any Governmental Entity required to carry out the Rearrangements, the City Portion or any other work to be performed under the provisions of this Agreement. 24
EXECUTION VERSION
"Governmental Entity" means any federal, state, or local government and any political subdivision or any govemmental, quasj-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity (including the Califomia Department of Transportation, CPUC and United States Army Corps of Engineers) other than LACMTA and the City. "LACMTA" is defined in the Preamble
"LACMTA Contract" means any contract, subcontract or other form of agreement between LACMTA and a LACMTA Contractor or between a LACMTA Contractor and its lower tier subcontractor. "LACMTA Contractor" means any contractor, consultant, tradesperson, supplier, private developer, employee, member of staff, engineer, architect, agent, operator, or other person engaged or authorized by LACMTA to carry out wo*s with respect to the City Portion, any Rearrangement or otherwise contemplated under the provisions of this Agreement and any other person with whom any LACMTA Contractor has further subcontracted part of such works.
"LACMTA Fiscal Yea/' means each one year period commencing on July 1 of a calendar year and terminating on June 30 of the following calendar year.
"LACMTA Retained Scope" means the WSAB Project scope elements for which LACMTA intends to retain responsibility, as described in Part B of EXHIBIT 1 (Prolecf Descrlption) "LACMTA Submittal Review Period" means, for each LACMTA Submittal, a period of 30 days from the date of delivery of the LACMTA Submittal to the City under the provisions of this Agreement or such other period as the Parties may agree under the applicable Work Order. "LACMTA Submittals" means:
(a) Design Documentation for a Rearrangement (other than any Design Documentation for which the City is responsible under a Work Order),
(b) Construction Management Plans for Construction work performed by LACMTA or a LACMTA Contractor within the City Rights-of-Way; and
(c) any other documents which LACMTA (or the LACMTA Contractors) must submit to the City in accordance with this Agreement.
"Neutral Arbitrato/' is defined in Section 9.2(a) (Reso/ution ofDrspules). "Non.conforming work" means Design work or Construction work not in accordance with the requirements of this Agreement.
"Notice" means any communication under this Agreement including any notice, consent, approval, request, and demand.
"Operation and Maintenance Phase" means the phase of the WSAB Project identified as such in EXEISII 2 (Proiect Phases and Prgigglsahpd!1e).
"P3 Developer" means the LACMTA Contractor that is awarded the P3 Project Scope "P3 Proiect Scope" means those elements of the WSAB Project scope that LACMTA intends to procure under a design, build, finance, operate and maintain agreement, as described in Part B of EXHIBIT '1 (Prolect Description\.
25 "LACMTA Representative" is def ned in Section 2 1(b) (Goyernance).
EXECUTION VERSION
"Package" means each package of Design Documentation submitted by LACMTA or a TACMTA Contractor to the City in accordance with this Agreement.
"Parties" means collectively the City and LACMTA, and each a "Party" "Permit Notification" means a blanket Permatting Process and Waiver of Certain Permit Fees issued by the City.
"Planning and Procurement Phase" means the phase of the WSAB Project identified as slch in Eltllgll 2lProiect Phases and Proiect Schedule\.
"Proiect Rightof.Way" means the permanent right-of-way for the WSAB Project, as identified in Part A of EXHIBIT 3 (Prolect Sife), or as notified by LACIiITA to the City and compliant with the Project's Final Environmental lmpact Report or Statement and any supplemental environmental reports for the WSAB Proiect.
"Project Schedule" means the schedule for the WSAB Project including the City Portion set out in Part B of EXHlBlf 2 lProiect Phases and Proiect Schedule\
"Project Site" means, collectively, the Project Right-of-Way and each temporary construction easement for the WSAB Project, as identafied in Part A of EXEIBLL3-jelQt€qlS[d. "Rearrangement" means the work of
(a) removal, replacement, restoration, alteration, reconstruction, support, or relocation of all or a portion of a Conflicting Facility, whether permanent or temporary, which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LACMTA and the City mutually agree is necessary in order to construct, operate or maintain the WSAB Project; or
(b) the installation of new and required City Facilities which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LAC[rTA and the City mutually agree is necessary as a result of the impact of the construction, operation or maintenance of the WSAB Project.
"Replacement Facility" means a facility, which may be constructed or provided under this Agreement as a consequence ofthe Reanangement of a Conflicting Facility or a part of it. "Temporary Facilities" means a facility constructed for the purpose of ensuring continued service while a City Facility is taken out of full or partaal service for permanent Rearrangement and/or any work on a City Facility, which will be removed or restored to its original condition after such Construction activities are completed.
"Term" is defined in Section '1.2 (Duration of Aqrcement) "Traffic Management Plan" means a plan that addresses traffic control requirements in construction areas through a worksite traffic control plan and along detour routes through a traffic circulation plan "work order" means a work request submitted by LACMTA to the City authorizing the performance of any work associated with the WSAB Project and the associated purchase of required materials. 26 "Potential Notice of Betterment Form" means the form set out in Part B of EXHIBIT 10 (Forrns) "Traffic Control and Lighting Work" has the meaning given in EXEIB!]l_1QC.qtq4.']39q!@4eLtr). "Working Group" means each wo*ing group established pursuant to SCgtj!!.2-Ll3)-]9qyeM!9q)
112
EXECUTION VERSION
"WSAB Proiecf' means the design, construction, operation and maintenance of a light rail transit system known as the West Santa Ana Branch Transit Corridor, as more fully described in EXHIBIT 1 (proiecl Desciption\.
lnterpretation
(a) ln this Agreement unless otherwise expressly statedl (i) headings are for convenience only and do not affect anterpretation, (ii) a reference to this Agreement or any other agreement, instrument, or document is to this Agreement or such other agreement, instrument, or document as amended or supplemented from time to time:
(iii) a reference to this Agreement or any other agreement includes all exhibits, schedules, forms, appendices, addenda, attachments, or other documents attached to or otheMise expressly incorporated in this Agreement or any such other agreement (as applicable); (iv) subject to Section 11.2(axv) (/nlerpretaflon), a reference to an Article, Section, subsection, clause, Exhibit, schedule, form or appendix as to the Article, Section, subsection, clause, Exhibit, schedule, form, or appendix in or attached to this Agreement, (v) a reference in the main body of this Agreement, or in an Exhibit, to an Article, Section, subsection, or clause is to the Article, Section, subsection, or clause of the main body of this Agreement, or of that Exhibit (as applicable);
(vi) a reference to a person includes such person's permifted successors and assigns; (vii) a reference to a singular word includes the plural and vice versa (as the context may require); (viii) the words "including", "includes" and "include" mean "including, without limitation", "includes, without limitation" and "include, without limitation", respectively and the word "or'' is not exclusivei
(ix) an obligation to do something "promptly" means an obligation to do so as soon as the circumstances permit, avoiding any delay and "shall" when stated is to be considered mandatory; and
(x) in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" mean "to and including" (b) This Agreement is not to be interpreted or construed against the interests of a Party merely because that Party proposed this Agreement or some provision ofit, or because that Party relies on a provision of this Agreement to protect itself.
27
EXECUTION VERSION
lN WTNESS WHEREOF, the Parties have caused this Agreement to be executed as of the Effective Date.
APPROVED AS TO FORM "LACMTA"
DAVfYN R HARRISON,
ACTING County Counsel
By
Teddy Low
Senior Oeputy County Counsel
APPROVED AS TO FORM
City Attorney
By:
Name Victor Ponto
City Attorney
ATTEST
By:
Name:
City Clerk
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, a California county
transportation authority existing under the Authority of SS 130050.2 ef seg. of the California Public Utilities
Code
By
Name
Its:
.'CITY'
THE CITY OF CUDAHY.
a California municipal co
By
Name
Itsr City M r (or designee)
28
2 3
4 5
EXHIBIT 1 - PROJECT DESCRIPTION
Part A: WSAB Proiect
The main goals of the WSAB Project are to
Provide mobility improvements
Support local and regional land use plans and policies
Minimize environmental impacts
Ensure cost etfectiveness and financial feasibility
Promote equity
Part B: Anticipated Contractual Packages
Enabling Works LACMTA Retained Scope P3 Project Scope
Advanced utility relocation
Freight relocation
Grade crossings
- Civil and Striping
- Drainage
- Utilities
- Traffic Control
- Signal(Freight
Preemption only)
Right-of-way acquisition
Supply and installation of fare
collection equipment and all fare
collection activities
Security and enforcement
activities, with limited exceptions
(such as at maintenance storage
facilities)
Ad lnsta atlon
Bike hubs and/or lockers
Design and construction of the
WSAB Project (including all
stations, vehicles, light rail
track, systems and
maintenance storage
facilities), other than those
scope elements that are
defined as part of the
Enabling Works or that are
LACITTA Retained Scope
The operation of all train
services and performance of
all other operating functions
for the WSAB Project during
the term of the LACMTA
Contract with the P3
Developer, other than those
scope elements that are
LACMTA Retained Scope
29 EXECUTION VERSION
The WSAB Project is a new 1g-mile light rail transit (LRT) line that will connect southeast tA County to downtown Los Angeles, serving the cities and communities ofArtesia, Cerritos, Bellflower, Paramount, Downey, South Gate, Cudahy, Bell, Huntington Park, Vernon, unincorporated Florence-Graham community of LA County and downtown Los Angeles.
The project area is home to 1.2 million residents and is a job center to approximately 584,000 employees. Projections show the resident population increasing to 1.5 million and jobs increasing to 670,000 by 2040 Population and employment densities are five times higher than the LA County average This rail corridor is anticipated to serve commuters in a high travel demand corridor by providing relief to the limited transportation systems currently available to these communities. ln addition, the project is expected to provide a direct connection to the Metro Green Line, Metro Blue Line and the LA County regional transit network. The WSAB Project involves a shared corridor of approximately 10 miles of freight-owned ROW that runs along the Vvllmington and La Habra Branches (owned by Union Pacific Railroad, UPRR) and the San Pedro Subdivision (owned by the Ports of LA and Long Beach).
As at the date of this Agreement, the Enabling Works, P3 Project Scope and LACMTA Retained Scope are anticipated to comprise of the following scope elements:
Environmental site assessment
including identiflcataon of
potential or existing
contamination or hazardous
materials through soil borings
EXECUTION VERSION
and review of publicly available
information
Geotechnical investigations
Remediation of hazardous
materials (if any)
All asset management and
maintenance activities for the
WSAB Project during the term
of the LACMTA Contract with
the P3 Developer, other than
those scope elements that are
LACMTA Retained Scope
30
EXECUTION VERSION
EXHIBIT 2 - PROJECT PHASES AND PROJECT SCHEDULE
Part A: Phases
As at the date of this Agreement, the phasing and time periods for the early phasing is anticipated to be as set out in thas Part A. The phases described in this Part A may overlap and the time periods are subject to change.
Planning & ACE
2020 2027
I
ROD
2022 2023
t
DEIR/S LPA
Engineering & Procu rement
Enabling Works
Planning & Advanced
Conceptual
Engineering
Procurement
Key activities include:
. Preparation ofthe drafr EIR/EIS and the final ElRyElS . Approval by LACMTA Board of the locally preferred alternative (LPA) . Preparation of Advanced Conceptual Engineering (15%) for the WSAB POect . Certification of the final EIR by the LACMTA Board
. FTA rssuance of the Record of Decision
Preparation of the Mitigation Monitoring and Reporting Plan (MMRP)
KEY ACTIVITIES
Enabling
Engineering
Procurement
Works:
&
Key activities include:
. Engineering and Design Oevelopment for the Enabling Works by LACMTA and the LACMTA Contractors (including any Rearrangements included within that Enabling Works scope) through to Final Oesign
. Working with third parties to obtain third party approvals for the Enabling Works, including CPUC, United Pacific Railroad and Caltrans
. Procurement of LACMTA Contractor(s) to perform the Enabling Works Key activities include:
. Construction of Enabling Works (including any related Reanangements) Enabling
Construction
Works
31 FEIR/S
P3 Project Scope
PHASE
Construction
Design & Bu ild
P3 Project Scope
Procurement
EXECUTION VERSION
Key activities include:
. Definition ofthe scope, specifications and requirements forthe P3 Project Scope . Procurement of the P3 Developer to perform the P3 Project Scope (a two-stage procurement process including a request for qualifications and a request for proposal phase is anticipated)
KEY ACTIVITIES
P3 Project Scope
Design Build
Key activities include:
. Design Development for the P3 Project Scope by the selected P3 Developer through to Final Design
. Construction ofthe P3 Project Scope (including any related Reanangements) by the P3 Developer
. Performance of any LACMTA Retained Responsibilities by LACMTA . Testing, trial running and certification of revenue seMce availability Operation
Maintenance
and Key activities include:
. Operation of passenger service on the WSAB Project by the P3 Developer . Maintenance of the WSAB Project by the P3 Developer
. Performance of any LACMTA Retained Responsibilities by LACMTA Part B: Project Schedule
As notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement. 32 PHASE
EXECUTION VERSION
Part A: WSAB Project Site
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Part B: City Portion
The drawing depic{ing the City Portion will be as notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement.
EXHIBIT3-PROJECTSITE
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33
EXECUTION VERSION
EXHIBIT 4 - ROLES ANO RESPONSIBILITIES
Part A: LACMTA Representative and City Representative
The initial designations of the LACMTA Representative and City Representative are as follows Part B: Summary of Key Roles and Responsibilities
LACMTA Representative TACMTA Program Management or such other person, or the holder of a specified office or position, specified, from time to time, by LACMTA'S Chief Executive
Officer, or his/her designee
City Representative City Manager or his/her designee
Phase
General Performing its retained
obligations and ensuring that
the LACMTA Contractors
(including the P3 Developer)
comply with the provisions of
this Agreement
During the term of its LACMTA
Contract with LACMTA,
performing LACMTA'S
responsibilities under this
Agreement other than Cost
reimbursement and those
obligations specifically retained
by LACMTA and excluded ftom
the P3 Proiect Scope
Performing all of City's
obligations under this
Agreement and ensuring
that all City Contractors
comply with the provisions
of this Agreement
Planning and
Advanced
Conceptual
Engineering
Managing the planning
process and preparing all
environmental documents
including the EIFYEIS
Preparing Advanced
Conceptual Engineering for
the WSAB Project
Not applicable
Enabling
Works:
Engineering &
Procurement
Preparing and submittjng the
Design for Enabling Works to
the City to the extent required
by this Agreement, up to and
including Final Design stage
Preparing the procurement
documents and managing the
procurement for the Enabling
Works
Not applicable Reviewing and approving
Designs submitted to it in
accordanc€ with agreed
procedures
Performing any other
Design-related obligations
under any Work Orders
Providing assistance to
LACMTA in procuring any
right-of-way necessary for
the City Portion
City
34 LACMTA Retained
LACMTA
P3 Developer
Providing support and
assistance to LACMTA in
obtaining Govemmental
Approvals and in dealing
with other third parties with
respect to the City Portion
EXECUTION VERSION
Phase
Enabling
Works:
Construction
Monitoring progress and
performanc€ of the LACMTA
Contractor(s) responsible for
Enabling Works
lnterfacing and coordinating
with the LACMTA Contractor(s)
responsible for the Enabling
Works
Performing its
Construction-related
obligations under any
Work Orders
Coordinating Adiacent
Work, City Constructaon
Work and City
Maintenance Work
P3 Project
Scope:
Procuremgnt
Submitting its proposal in
accordance with the
procurement documents
To the extent requested by
LACMTA, reviewing the
scope, specifications and
requirements for any
Rearrangements included
within the P3 Project
Scope
Defining its design
management Plan for the
design of the P3 Project Scope
Submifting Oesign Packages in
accordance with the provisions
of its LACMTA Contract with
LACMTA and its design
management plan, and
submitting such Designs to the
City to the extent required by
this Agreement, up to and
including Final Design stage
Performing the Construction
work required to be performed
under the P3 Project Scope in
accordance with the Final
Designs, approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of
this Agreement
Reviewing and approving
Designs submitted to it an
accordance with agreed
proc€dures
Performing any other
Design-related obligations
under any Work Orders
Performing its
Construction-related
obligations under any Work
Orders
Coordinating Adjacent
Work, City Construction
Wo* and City
Maintenance Work
P3 Project
Scopo: Dosign
Build
Reviewing Designs prepared
by the P3 Developer and
ensuring that such Designs
are submitted to the City to the
extent required by this
Agreement
Performing and/ or ensuring
that LACMTA Contractors
perform the LACMTA
Retained Scope
Monitoring progress and
performance of the P3
Develope/s Construction work
Performing or ensuring that
LACMTA Contractors perform,
the LACMTA Retained Scope
Monitoring performance of the
P3 Developer's operation and
maintenance work
Performing the operation and
maintenance work required to
be performed under the P3
Project Scope in accordance
with the approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of
this Agreement (including any
amendment or supplement or
new agreement entered into
Performing any operation
and maintenance woIk
allocated to the City under
the provisions of this
Agreement (including any
amendment or supplement
or new agreement entered
into under Article 6
(Operation and
Maintenance\\ and
coordinating maintenance
Operation and
Maintenance
LACMTA
P3 Doveloper
City
35 LACMTA Retained
Preparing the procurement
documents and managing the
procurement for the P3 Project
Scope
EXECUTION VERSION
Part C; lssue Resolution Ladder
The following City staff or its designees shall be responsible for coordinating among the applicable City departments and divisions as necessary to make the designated decision or approval.
City Team Partial List of Key Functions for Decision or Approval LACMTA Team City Manager,
Director of Public
Works, Designated
Project Manager or
Designated
Representative
Spearhead council approval of all work outside of normal working hours including any night work variances, holiday work restrictions, police & fir€ department requests, peak hours exemptions, and other requests with potential shortterm impacts to the community (i.e. revised detours, temporary full street closures, revised haul routes)
LACMTA Chief Program
Manager
Director of Public
Works, City
Engineer, or
Designated
Representative
Approve all final Construction plans and related documents as required by this Agreement.
Provide overall leadership in timely resolution of Design, Constructaon, plan review, and related administrative
matters.
CA Professional Engineer Registration
LACMTA Senior
Executive Officer over
Designated Project
Manager
City Public Works
Construction
Department Head or
Designated
Representative
Provide Construction support as specified in this Agreement Manage assigned resources and coordinate interactions
between the City and LACMTA and the LACMTA
Contractors as it relates to Construction support.
Provide independent quality assurance (lQA) functions
where LACMTA performs work within City Right-of-Way
such as street improvement, signal, lighting, and utility work.
LACMTA Designated
Project Manager level
(Executive Otficer or
Deputy Executive
Officer) or Designated
Construction Manager
(Deputy Executive
Officer or Senior
Directo0
City Public Works
Permit Division
Head or Designated
Representative
Oversee and coordinate all plan reviews as specified in this Agreement
Manage and coordinate interaction ofthe City with LACMTA and the LACMTA Contractors as it relates to Design review and comment resolution
Provide the necessary coordination in plannang,
engineering, technical, analytical and administrative support services with respect to design approval including fire/life safety, police/public security, access, transportation
engineering, civil and structural engineering, street lighting engineering, drainage, sanitation, landscaping, and related maintenance requirements.
Skilled in change management and expedited approvals.
LACMTA Designated
Pro,ect Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
and LACMTA ThiTd
Party Admin Dept
Project Lead (Civil)
Phase
u n der A.(iCIC_LLqp.e.@.{q!_a!.d
Maintenance\)
work and Adjacent Work
wrth LACMTA and the P3
Developer
LACMTA
P3 Develop€r
36 City
LACMTA Retained
EXECUTION VERSION
City Traffic Engineer
or Designated
Representative
Approve all worksite traffic control plans and any final design documents pertaining to both permanent and temporary
trafflc controls (signals, striping, WATCH lane closures, MUTCO restrictions, lighting, etc )
LACMTA Designated
Project Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
LACMTA Third Party
Admin Dept Project Lead
(Civil) and TE
consultants.
37
2 3
3.'1
32 EXECUTION VERSION
EXHIBIT 5 - DESIGN REQUIREMENTS
GENERAL DESIGN CRITERIA
(a) the Oesign requirements set out in this EXH lBlT 5 or otherwise under the provisions of th is Agreement and the relevant Work Order (if applicable); and
(b) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (Cify Sfandards) of this Agreement, the City Standards.
CITY STANDARDS
The Parties agree that for the purposes of this Agreement, the "City Standards" will be those City design standards and ordinances notified by the City to LACMTA or otherwise incorporated in an amendment ofthis Agreement in accordance with Section 3.5 (C/fy Sfandards) of the Agreement.
Surface Openings. To the extent operationally and fiscally practical, TACMTA shall locate surface openings, if any to mitigate: (a) the effect on existing ieatures of landscape and improvements; and (b) public disruption, in each case after taking account of health and safety concerns. Placement of gratings in sidewalks will be avoided to the extent reasonably practicable; however, all other openings, such as mechanical access openings, shall be regularly permitted in sidewalks, provided such openings are enclosed.
Landscaping. Trees and landscaped areas under ownership ordaily control of theCityshall be preserved whenever practical. Trees in the Project Site, which are not being removed by IACMTA, shall be adequately protected. Trees that must be removed due to Rearrangements shall be replaced by LACMTA, if the City elects and right-of-way is available. Replacement work shall be in accordance with applicable City Standards and shall be coordinated with the City. Landscaped areas removed due to Rearrangements shall be restored to the original condition to the extent practical as agreed to by the City and LACMTA.
Traffic ControlDevices and Lighting Systems lfa Rearrangement requires the removaland reinstallation, or modillcation of existing or installation of new traffic control devices or lighting systems ("Traffic Control and Lighting Work"), then IACMTA must obtain the City's approval of LACMTA'S Design for the Traffic Control and Lighting Work (which consent may not be unreasonably delayed or withheld) Private Prorections in Public Ways. lf LACMTA determines that a private projection in, over or under any City Facilities or the City Rights-of-Way must be removed to accommodate the WSAB Project, LACMTA will issue a Work Order to the City and the City shall take all reasonable actions within its powers to require the elimination of such projections by the time specified in the Work Order. lfthe City is not empowered to effect the removal ofsuch projections, or if LACMTA otherwise elects, LACMTA will make its own arrangements for removal of such projections. The City will cooperate with LACMTA to minimize the cost to eliminate, move, remove or otherwise terminate projeclons
City Communications Facilities. The relocation of any confficting underground City communications facilities shall be done by employing interceplstyle manholes at both ends of every conflicting communications conduit segment in question, directly on the alignment of existing conduit segment(s), and beyond the area of the conflicting communications facilities.
PREPARATION AND SUBMISSION OF DESIGN DOCUMENTATION
For those Rearrangements where LACMTA is responsible for the Design work under the provisions of this Agreement, LACMTA will, and will ensure that the LACMTA Contractors will. (a) prepare and submit all Design Documentation to the City 38 4
1 Any Design work for any Rearrangements shall be performed in accordance with:
SPECIFIC DESIGN REQUIREMENTS FOR REARRANGEMENTS
(b)
(c)
(d)
EXECUTION VERSION
(i) in Packages in accordance with the schedule under the applicable design management plan defined by LACMTA and/or the applicable LACMTA Contractor and notified to the City (as may be updated and notified to the City from time to time), and (ii) in a manner and at a rate which, having regard to the quantum of Design Documentation submitted, will give the City a reasonable opportunity to review the submitted Design Documentation:
ensure that the Design Documentation submitted for the Final Design is of a level of detail which is sufficient to permjt the City to determine whether the Design Documentatjon complies with this Agreement and the Construction work which will be performed in accordance with the Design Documentation will comply with this Agreement and highlights any material amendments made since any earlier submittal of that Design Documentation;
invite the City to attend any pre-submittal workshops held where Design Documentation for a Reanangement is to be presentedi and
if reasonably requested by the City, make available the appropriate design personnel to participate in design reyiew meetings after submittal of any Design Documentation for a Rearrangement to explain the Design Documentation or a particular element of it and provide such information regarding the Design Documentation as the City may reasonably request. 39
EXECUTION VERSION
EXHIBIT 6 - LACMTA SUBMITTAL REVIEW PROCEDURE
GENERAL
1.1 The Parties agree that individuals undertaking Design review on behalf of the City under this Agreement shall, where reasonably possible, be consistent throughout the Design Phase. The City will ensure that any individual undertaking Design review on behalf of the City under this agreement has the appropriate qualifications, capability and experierrce to perform the review.
1.2 The procedures set out in this EXEIEIIq will govern all LACMTA Submittals to the City pursuant to this Agreement.
2 2.1 The City shall notiry LACN4TA and the relevant LACMTA Contractor (if applicable) within 10 days of receipt of a LACMTA Submittal from LACMTA or a LACMTA Contractor if it considers (acting reasonably) that the LACMTA Submittal submitted is incomplete or deficient for the City's review purposes and requires resubmission, together with a detailed description ofthe information that it deems to be missing ordeficient. lf no such Notice is delivered by the City within such ten-day period, the LACMTA Submittal shall be deemed complete and acceptable for review purposes.
2.2 The City shall (or must require that the relevant City Contractor) within the LACMTA Submittal Review Period (a) review the LACMTA Submittal, and
(b) notiiy LACMTA and the relevant LACMTA Contractor (if applicable) that it:
(i) approves the LACMTA Submittal; or
(ii) rejects the LACMTA Submittalwith detailed reasons including all Compliance Comments
2.3 All Compliance Comments shall be transmitted in the form of a comment matrix, through the TACMTA 'Quality Management Oversight' database or through another equivalent format (in each case, as notified and provided by LACMTA) and shall be accompanied by an annotated LACMTA Submittal (if applicable). Where a database is used for transmission of comments, LACMTA will provide the City (and the relevant City Contractors) with user accounts and training for this purpose.
2.4 lf no comments are received within the LACMTA Submittal Review Period, the LACMTA Submittal shall be deemed complete and approved by the City.
2.5 The Parties acknowledge that the LACMTA Submittal review process set out in this EXHIBIT 6 is intended to facilitate the LACIVITA Submittal review process and be consistent (with necessary changes) with the LACMTA Guidelines on Enhanced Partnered Coordination and shall supersede the submittal / shop drawing review schedules specified in any standards referenced in this Agreement. 3 GROUNDS FOR OBJECTION OR COMMENT
3.1 The City will only be entitled to reject a LACMTA Submattal undet M!92J89.y jzy_Epceg!@) of this EXHIBIT 0 if such LACMTA Submittal fuils to comply with the requirements set out in this Agreement, as specified in the City's Compliance Comments.
lf the City rejects a LACNITA Submittal in accordance with Atlicle 2 (Review Procedure\ of this EXHIBIT 6, LACMTA must (or must require that the relevant LACMTA Contractor):
(a) address the Compliance Comments and re-submit the LACMTA Submittal for review; or
3.2 40
REVIEW PROCEDURE
3.4 4
EXECUTION VERSION
(b) notify the City that it does not agree with the grounds for rejection. lf LACMTA does not agree with the grounds for rejection on the basis that such grounds would constatute a Betterment, Article 5 (8el&@941]:) of this Agreement shall apply.
The City's approval ofthe Final Design for any Rearrangement will not be withheld if the submittal js consistent with the most recent earlier submittal for such Rearrangement, modified as appropriate to respond to the City's Compliance Comments on such earlier submittal (to the extent such comments were made in accordance with the provisions of this Agreement) and to reflect any subsequent changes agreed to by the City and LACMTA.
NO COMMENCEMENT OF CONSTRUCTION WORK
LACMTA and the City must not commence or permit the commencement of any Construction work that is the subject of, governed by or dependent upon a LACMTA Submittal until LACMTA (or a LACMTA Contractor) has submitted the relevant LACMTA Submittal to the City in accordance with this EXLLIBIf-]o and:
(a) within seven days of receiving a Notice from LACMTA (or the relevant LACMTA Contractor (as applicable)) that the City failed to respond to a LACMTA Submittal within the relevant LACMTA Submittal Review Period, the City fails to respond to such LACMTA Submittal; or (b) the City has notified LACMTA (and the relevant LACMTA Contractor (as applicable)) that it approves such LACMTA Submittal.
The City agrees that during the Final Design stage, it shall not raise any new issues, or make any comments, which are inconsistent with its comments on earlier submittals, or with any changes already agreed to by the City
41
EXECUTION VERSION
EXHIBIT 7 - CONSTRUCTION REQUIREMENTS
GENERAL REQUIREMENTS
(a) Any Construction work for any Rearrangements or the City Portion to be performed within the City Rights-of-Way shall be performed in accordanc€ with:
(i) in the case of any Rearrangements, the approved Final Design (including any changes agreed under Section 3.6 (Chanoes ,o Desron) of this Agreement, (ii) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (Citu Srandards) of this Agreement, the City Standards;
(iii) the schedule for such Construction work agreed under the relevant Work Order (if applicable) or otherwise under the Project Schedule; and
(iv) all other Construction requirements set out in this EXHIBIT 7 or otherwise under the provisions of this Agreement and any relevant Work Order (if applicable). (b) ln conjunction with its cpntractors, LACMTA will be responsible for conducting public outreach to provide proper notifications to the affected communities prior to and during Construction complying with the approved fnal EIR EIS documents.
EXTENDED WORKING HOURS
The Parties acknowledge that extended working hours (beyond the windows contemplated in the City's ordinances limiting work hours and including holiday or weekend working) may be necessary to facilitate Construction and operation of the City Portion. The Parties will agree such working hours following joint review of the schedule and activities to be carried out by LACMTA and the LACMTA Contractors. lf a change is required to the agreed working hours, the Parties will negotiate in good faith to agree such change.
HAULAGE ROUTES
The Parties will agree haulage routes reasonably necessary to facilitate Construction and operation of the City Portion. lf a change is required to an agreed haulage route, the Parties will negotiate in good faith to agree such change
INTERRUPTIONS
(a) The Parlies acknowledge that certain components of the work in the City Portion will require interruption of the City services. The Parties will agree a plan for any such intenuptions and, subject to City approvalofthe plan, the City consents to scheduled intenuption of services deemed necessary by LACMTA LACMTA must provide the City prior Notice before the City services are interrupted. (b) LACMTA will notity affected parties, including residents, businesses, Council office, and other elected officials in advance of scheduled interruptions and will cooperate with the City to minimize interruption of the City servic€s and resulting disruptions, provided that notification may be delayed where LACMTA as required to inte.rupt services in the event of emergency. Vvhere the City determines that Temporary Facilities are necessary and appropriate, LACMTA shall accommodate this request.
CONSTRUCTION STAGING PLANS
5 1 General Requirements
3 4
5 1
2 (a) LACMTA or the LACMTA Contractors shall develop a construction staging plan ("construction Staging Plan") for any Construction work to be performed within the City Raghts-of-Way. 42
5.2 5.3
EXECUTION VERSION
(b) The City acknowledges that the Construction work to be performed by LACMTA or the LACMTA Contractors within the City Rights-of-Way is intended to be performed progressively under multiple contractual packages and the Construction Staging Plans described in this EXHIBIT 7 may, therefore, be prepared for each contractual package or for a portion of such Construction work. (c) A Construction Staging Plan shall provide, among other things, for:
(i) the handling of vehicular and pedestrian traffic on streets adjacent to the Construction with the Construction phasing showing street closures, detours, warning devices and other pertinent information specifed on the plan (worksite traffic control plans); (ii) actions to maintain access to businesses adjacent to the Construction areas, as possible, and actions to ensure safe access and circulation for pedestrians and vehicular tratfic as described in the worksite traffic control plans,
(iii) elements of public awareness as well as mechanisms to assist affected parties in complaint resolutions.
(d) The City understands that LACMTA requires flexibility in the execution of Construction phasing and traffic management planning during Construction, and agrees to impose only the minimum requirements for traffic management planning and Construction sequencing that are necessary in order to provide for public health and safety (including pedestrian and vehicular safety), and functionality (including public and business access and circulation).
Specific Requirements - Street Lighting Systems
LACMTA or the LACMTA Contractors shall develop street lighting Construction Staging Plans, which shall provide, among other things, for:
(a) the safety and security at night time of vehicular and pedestrian traffic on streets adjacent to Construction, with the street lighting Construction Staging Plans showing street closures, detours, lighting devices, circuit and power service connections, and other pertinent informationi and (b) lighting levels to maintain safe acaess to businesses adjacent to the Construction areas, and to ensure safe circulation for pedestrian and vehicular traffic.
Specific Requirements - Traffic Management Plan
(a) IACMTA and the City may agree that a street, highway, bridge or the other City Rights-of-Way shall be temporarily or permanently closed for the necessity and convenience of the WSAB Prolect. lf agreed to, a Traffic Management PIan must be developed and submitted by LACMTA or the LACN./ITA Contractors, which shall provide, among other things, for worksite traffic control plans, traffic circulation plans, and temporary traffic signal plans.
(b) WATCH Manual page references shall be acceptable as a form of traffic control plans and submittal. (c) The City's traffic department staff involved in the review and approval process shall facilitate the City's internal approvals regarding peak hour exemptions, holiday moratoriums, changes to existing parking restrictions in the work zone, night work, and noise variances.
Review and lmplementation of Construction Staging Plans (a) LACMTA (or the relevant LACMTA Contractor (as applicable)) must submit each Construction Staging Plan to the City for review in accordance with EXHIBff 6 LACMTA Submiftal Review Procedure
43
EXECUTION VERSION
(b) LACN4TA (or the relevant LACMTA Contractor (as applicable)) may update a Construction Staging Plan after it has been approved by the City and must promptly submit each updated Construction Staging Plan to the City for review in acmrdance with EXHIBIT 6 (LACMTA Submittal Review Procedure\
WORK IN STREETS
(a) The Parties acknowledge that the City has the duties of supervising, maintaining and controlling streets, highways, and the other City Rights-of-Way. Accordingly, LACMTA shall give the City 10 days'advance written Notice where Construction work is to be performed in the City Rights-otway. (b) LACMTA and the LACMTA Contractors shalltake all appropriate actions to ensure safe performance of the Construction work within the Cjty Rights-of-Way The City reserves the right to stop work if public health and safety is or will be comprised by such work. (c)
6.2 Traffic Controland Lighting
6.3 City Communication Facilities
Construction of replacement conduit segments, inner ducts, and manholes that bypass the conflicting conduit segments shall be done prior to relocation ofthe communications cables. ln addition, relocation/installation work of communications cables that carry live production traffic shall be scheduled during a maintenance window, in order to minimize system downtime and minimize the City network traffic disruption. 7 TEMPORARY AND PERMANENT STREET CLOSURES
Upon notification of a proposed temporary or permanent street closure, the City, as requested by LACMTA, shall initiate the appropriate proceedings and shall establish the necessary conditions for the closures.
TEMPORARY FACILITIES
8.1 LACMTA Facilities
Temporary Facilities may be necessary to facilitate Construction of the WSAB P.oject (including Rearrangements). LACMTA or its designee may use, without cost, lands owned or controlled by the City for any Construction related purpose, including, but not limited to, the erection and use of Temporary Facilities thereon; provided that, the City shall first approve in writing the availability, location and duration of the Temporary Facilities, withthe City's approvalnotto be unreasonably withheld. Upon completion ofthe related Construction and LACMTA'S determination that the Temporary Facilities no longer are needed, LACMTA shall remove all Temporary Facilities and restore the area as neady as practicable to its original condition unless LACMTA and the City agree to some other arrangement. 44 (c) LACMTA must, and must ensure that the LACMTA Contractors, implement and comply with each Construction Staging Plan which has been submitted to the City and which has been either approved (or deemed approved) undet EXHIB'T 6 (LACMTA Submittal Review Procedure\.
6.1 GeneralRequirements
lf LACMITA or a LACMTA Contractor fails to perform any Construction work within the City Rights-ofWay in accordance with the Final Design and/or Construction Staging Plans approved (or deemed approved) by the City under this Agreement then upon written Notice of the non-compliance from the City, LACMTA must cure or must ensure that the LACMTA Contractor cures, the non-compliance.
LACMTA must provide the City prior Notice before conducting the Traffic Control and Lighting Work that will result in an interruption to service of traffic control devices or lighting systems and LACMTA shall cooperate with the City to minimize such interruption.
11 EXECUTION VERSION
8.2 City Facilities
ln the event that Temporary Facilities are necessary to effect a Rearrangement being constructed by the City, the City or its designee may use, without cost, lands owned or controlled by LACMTA forthe purpose of using or erecting Temporary Facilities thereon; provided that, LACMTA shall first approve in writing the availability, location and duration of the Temporary Facilities. Upon completion of the Rearrangement in its permanent location, the City shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless the City and LACMTA agree to some other arrangement.
UNDERGROUND SERVICE ALERT
Prior to any commencement of underground work by either Party, an "Underground Service Alert" shall be notified in accordance with California law by such Party or its contractor. 't0 ENVIRONMENTAL CONTROLS
All Construction work performed by the City or City Contractors pursuant to this Agreement shall comply with the environmental controls established by LACMTA in the LACMTA Contracts, including construction noise and vibration control, pollution controls, archaeological coordination and paleontological coordination.
SALVAGED MATERIALS
The Parties may agree to salvage certain materials belonging to the City during the course of Rearrangement lf materials belonging to the City are to be reused, LACMTA'S contractor shall exercise reasonable care in removal and storage of such materials. Materials shall be inspected and stored until such time as the prog.ess of work allows the reinstallation of such materials. Materials that are not to be reused in a Rearrangement, but which the City desires to reclaim, may be recovered by the City staff within an agreed time frame or shall be delivered by LACMTA to a location proximate to the salvage site and suitable to the City. Subject to acceptance by LACMTA, if materials removed by LACMTA are not reused and are not desired by the City, such materials shall become the property of LACMTA. 12 12.1
12.2 LACMTA and the City agree to provide the other with electronic files and full size paper hard copies ofthose final contract documents that they have prepared, or caused to be prepared, to govern the Construction of a given Rearrangement by their respective contractor so that each Party may compile a complete set of contract documents. Each Party shall prepare or cause to be prepared the contract documents for which it is responsible.
45 AS-BUILT DRAwlNGS
LACMTA and the City shall each maintain a set of "as-built' plans of Rearrangements performed by LACMTA and the City, respectively, during Construction. Red line mark-ups for temporary lighting systems, traffic signal systems, and other the City Facilities shall be submitted to the City and LACMTA within 15 days after completion of Construction. All Design changes shall be documented on RFI/RFC forms. Upon completion of the Rearrangement work, the Party that performed the work shall furnish the other Party with reproducible "as-built" drawings showing all Replacement Facilities installed by the performing Party, within 75 days after completion of such work for each set of plans.
EXECUTION VERSION
1 MASTER COOPERATIVE AGREEMENT
FOR THE DESIGN, CONSTRUCTION AND OPERATION AND MAINTENANCE OF A PORTION OF
THE WSAB PROJECT
Between
THE CITY OF CUDAHY
and
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AMENDMENT NO. 1
____________________________________________________________________________ This first amendment ("Amendment No. 1") to the Master Cooperative Agreement for the design, construction and operation and maintenance of a portion of the WSAB Project ("MCA"), is entered into by and between the City of Cudahy (as defined more fully in the MCA, the "City") and Los Angeles County Metropolitan Transportation Authority (as defined more fully in the MCA, "LACMTA").
In consideration of the mutual covenants of the Parties as set out below, the Parties hereby agree as follows:
1. Unless expressly defined in this Amendment No. 1 or the context otherwise requires, capitalized terms used in this Amendment No. 1 have the meanings given in the MCA.
2. Pursuant to Section 10.7 (Amendments) of the MCA and subject to the terms of this Amendment No. 1, the Parties mutually agree to modify the MCA with effect from the date on which this Amendment No. 1 has been fully executed on behalf of the City and LACMTA ("Effective Date") as follows:
a) Amendment to Recital (C). Recital (C) of the MCA is hereby amended by deleting the existing second and third sentences in their entirety and replacing them with the language in bold as follows:
"(C) The Measure M ordinance requires local jurisdictions to pay three per cent of the total project cost of a major Measure M rail project (known as the "3% Contribution"). This Agreement does not address, and is not intended to address any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City. Any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City, including any terms relating to any in-kind contributions, will be discussed, negotiated and agreed by LACMTA and the City under a separate agreement. The Measure M guidelines reflect provisions adopted by the LACMTA Board (including Motion 14.2 (2016-0451) passed on May 26, 2016) that allow for local jurisdictions, through an agreement with LACMTA, to meet all or a portion of their 3% local contribution obligation through first/last mile investments (such portion being the "3% Local Funding Contribution Credit"). This Agreement does not address, and is not intended to address any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City nor any 3% Local Funding Contribution Credit for first/last mile investments. Any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City, including any terms relating to any 3% Local Funding Contribution Credit or other in-kind contributions, will be discussed, negotiated and agreed by LACMTA and the City under separate agreements. Further, this Agreement is not a contract or a commitment of any kind by the City to the LACMTA Board’s Land Bank Pilot Partnership with Los Angeles County Motion (June 2022) and does not commit the City to enter into negotiations, or to accept any part of the terms of the Land Bank Pilot Partnership. The City disclaims any liability arising out of or related to the Land Bank Pilot Partnership Motion (June 2022) under this Agreement." b) Amendment to Section 2.4(d). Section 2.4(d) (Project Schedule) of the MCA is hereby amended by adding the language in bold as follows:
(d) To the extent:
Attachment B Page 71 of 354
EXECUTION VERSION
2 (i) a failure by LACMTA to perform its work and obligations in accordance with the work schedules, review periods and timelines identified in this Agreement and/or any Work Order; or (ii) the rejection by LACMTA of a reasonable request by the City for additional resources under Section 2.4(a),
results in a delay to the performance of the City's work under a Work Order, the City will be entitled to an equivalent extension to the affected deadline and any other relief expressly contemplated under the terms of the applicable Work Order (including, where the City is performing Design or Construction work, any costs associated with such delay)."
c) Amendment to Section 7.1(c). Section 7.1(c) (Reimbursements to the City) of the MCA is hereby amended by adding the language in bold as follows:
"(c) As described in EXHIBIT 1 (Project Description), LACMTA (or its LACMTA Contractors) will be responsible for any environmental site assessments and any remediation of hazardous materials to be performed on the Project Site for the purposes of the WSAB Project. LACMTA will not be responsible for any costs relating to the presence or existence of any environmental hazard on, in, under or about any City Facility, including but not limited to, any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), unless LACMTA or any LACMTA Contractor caused the environmental hazard through its actions or remediation of hazardous materials is required to be performed for the purposes of the WSAB Project in accordance with the environmental site assessments."
3. Except as expressly modified by this Amendment No. 1, the MCA, as modified remains in full force and effect as originally executed. Any future reference to the MCA shall be deemed to be a reference to the MCA as amended by this Amendment No. 1 and as the same may, from time to time, be hereafter further modified in accordance with its terms.
4. This Amendment No. 1 may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to the MCA to be executed by their respective representatives duly authorized.
EXECUTION VERSION
3 APPROVED AS TO FORM
DAWYN R HARRISON,
County Counsel
By:_________________________
Teddy Low
Senior Deputy County Counsel
"LACMTA"
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, a California county
transportation authority existing under the Authority of §§ 130050.2 et seq. of the California Public Utilities
Code
By: ____________________________
Name: ____________________________
Its: _______________________________
APPROVED AS TO FORM
_________________________,
City Attorney
By:_________________________
Name: _________________________
City Attorney
ATTEST
By:_______________________
Name: _________________________
City Clerk
"CITY"
CITY OF CUDAHY,
a California municipal corporation
By: _____________________________
Name: _________________________
Its: City Manager (or designee)
May 1, 2025
Sent via email
Attention: Alfonso Noyola
City Manager
City of Cudahy
Cudahy City Hall
5220 Santa Ana Street
Cudahy, CA 90201
Subject: Notice of (1) a change to the procurement strategy and (2) proposal for amendments to the Master Cooperative Agreement between the City of Cudahy (the "City") and the Los Angeles Metropolitan Transportation Authority ("LACMTA") dated November 15, 2022 (the "Agreement")
Dear City Manager:
1. This letter is a Notice delivered under the Agreement. Unless expressly defined in this Notice or the context otherwise requires, capitalized terms used in this Notice have the meanings given in the Agreement.
Procurement Strategy
2. As discussed with the City and in accordance with Section 1.1(f) of the Agreement, LACMTA hereby Notifies the City of a change to LACMTA's procurement strategy as described in Section 1.1(c) of the Agreement. LACMTA now contemplates:
a. procuring the design and construction of that part of the scope that is referred to as the "P3 Project Scope" under the Agreement (excluding procurement of the vehicles and operation and maintenance activities) under a design-build contract instead of a P3 contract. The design-build contract may be a fixed price, lump sum design-build contract or a progressive design-build contract;
b. retaining responsibility for the procurement of the vehicles; and c. retaining responsibility for the operation and maintenance of the light rail transit line once complete.
3. As a result of this change in procurement strategy, all references to:
a. the "P3 Project Scope" shall be read as references to the "Core LRT Scope" and shall exclude any reference to the procurement of vehicles and operation and maintenance activities;
b. all references to the "P3 Developer" being responsible for design and construction activities shall be read as references to the "Design-Builder"; and c. all references to "LACMTA Retained Scope" shall be deemed to include procurement of the vehicles and operation and maintenance of the light rail transit line.
4. LACMTA does not anticipate that this change in procurement strategy will have an impact on the scope, schedule, or roles and responsibilities for the City Portion or the procedures set out in the Agreement.
Proposed Amendments
5. As discussed with you, after finalizing and agreeing a master cooperative agreement for the Project with a number of other cities involved in the Project, LACMTA would like to propose consequential amendments to the Agreement with the City to ensure alignment and equal benefit to all cities. Please therefore find enclosed three execution versions of the Amendment Agreement No. 1 between the City and LACMTA ("Amendment Agreement"). As discussed with you, the Amendment Agreement includes the amendments summarized in Attachment 1 to this Notice.
6. If the City has no further questions or comments, please arrange for the enclosed Amendment Agreement to be signed, but not dated, by the authorized signatories of the City and then returned to:
Chief Program Manager
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 16th Floor
Los Angeles, California 90012
Attn: Eduardo Cervantes, Third Party Administration
We will then date the three copies and return a fully executed and dated copy of the Amendment Agreement to you for your records. Alternatively, if the City has comments or would like a call to discuss the Amendment Agreement, please let us know.
Please do not hesitate to contact me if you have any questions regarding this Notice.
Sincerely,
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:____________________________
Name: June Susilo
Position: Project Manager, Southeast Gateway Line, LACMTA Program Management cc: City Attorney, City of Cudahy
Director of Public Works/City Engineer, City of Cudahy
Eduardo Cervantes, Third Party Administration, LACMTA
Teddy Low, Senior Deputy County Counsel, LACMTA
Enclosures: Attachment – Summary of Proposed Amendments Three copies of the Amendment Agreement
Attachment – Summary of Proposed Amendments
The Amendment Agreement includes the following amendments to the Agreement:
(i) adding an express acknowledgement to the recitals that the Agreement does not address any terms and conditions with respect to the 3% local funding contribution credit as this will be addressed separately;
(ii) adding an express acknowledgement to Section 2.4 that if LACMTA rejects a reasonable request for additional resources from the City in order to comply with its obligations under the Agreement, the City will be entitled to an extension of time; and (iii) adding an acknowledgement in Section 7.1 that LACMTA will be responsible for any costs relating to the presence or existence of any environmental hazard in, under or about any City Facility if remediation of hazardous materials is required for the Project in accordance with the environmental site assessments.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/05/2025 Page 1 of 2
STAFF REPORT
Date: August 5, 2025
To: Honorable Mayor/Chair and City Council/Successor Agency Members From: Richard Iglesias, City Clerk
Subject: Discussion and Adoption of Resolution No. 25-47, Affirming a Partnership with Local Schools to Welcome Students Back to School Safely with Dignity, Inclusivity, Compassion, and Respect for All
RECOMMENDATION
The City Council is requested to discuss and adopt Resolution No. 25-47, affirming a partnership with local schools to welcome students back to school safely with dignity, inclusivity, compassion, and respect for all.
BACKGROUND / ANALYSIS
The City of Cudahy (“City”) is home to a vibrant, diverse, and predominantly immigrant community, with many families who contribute to the cultural and economic fabric of our City.
The beginning of a new school year is a critical and celebratory time for students, families, educators, and staff. The City is committed to helping students feel welcomed, safe, and supported as they return to school. Recent reports and community concerns regarding increased immigration enforcement actions and raids across Southern California, with a hypertarget against families in the Southeast Los Angeles region, including activity in residential areas and near schools, which have caused fear and uncertainty among students and families.
The City affirms its values as a sanctuary city and its commitment to protecting the Constitutional rights, dignity, and safety of all residents regardless of immigration status. Local schools play an essential role in the emotional and academic well-being of our youth, and collaboration between municipal government and schools is key to building trust and ensuring public safety.
Item Number
12C
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/05/2025 Page 2 of 2
CONCLUSION
It is recommended that the City Council discuss and adopt Resolution No. 25-47, affirming a partnership with local schools to welcome students back to school safely with dignity, inclusivity, compassion, and respect for all.
FISCAL IMPACT
Adoption of this Resolution has no fiscal impact.
ATTACHMENTS
A. Draft Resolution No. 25-47
RESOLUTION NO. 25-47
A RESOLUTION OF THE CITY OF CUDAHY, CALIFORNIA
AFFIRMING A PARTNERSHIP WITH LOCAL SCHOOLS
TO WELCOME STUDENTS BACK TO SCHOOL SAFELY
WITH DIGNITY, INCLUSIVITY, COMPASSION, AND
RESPECT FOR ALL, AND PROVIDING A VISIBLE,
REASSURING PRESENCE AMID HEIGHTENED
IMMIGRATION ENFORCEMENT CONCERNS
WHEREAS, the City of Cudahy (“City”) is home to a vibrant, diverse, and predominantly immigrant community, with many families who contribute to the cultural and economic fabric of our City; and
WHEREAS, the beginning of a new school year is a critical and celebratory time for students, families, educators, and staff; and
WHEREAS, the City is committed to helping students feel welcomed, safe, and supported as they return to school; and
WHEREAS, recent reports and community concerns regarding increased immigration enforcement actions and raids across Southern California, with a hypertarget against families in the Southeast Los Angeles region, including activity in residential areas and near schools, which have caused fear and uncertainty among students and families; and
WHEREAS, the City affirms its values as a sanctuary city and its commitment to protecting the Constitutional rights, dignity, and safety of all residents regardless of immigration status; and
WHEREAS, local schools play an essential role in the emotional and academic well-being of our youth, and collaboration between municipal government and schools is key to building trust and ensuring public safety.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF CUDAHY DOES HEREBY DETERMINE, FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct, constitute a material part of this Resolution, and are incorporated herein in their entirety as part of the findings.
SECTION 2. Solidarity and Support for Students. The City of Cudahy declares its full support for students and families returning to school in the 2025–2026 academic year and affirms that all children have the right to access education in an environment free from fear, intimidation, or harassment.
SECTION 3. Community Partner Safety Patrols. The City will encourage various organizations with ties to the City, as well as City staff, upon availability, be physically Attachment A Page 79 of 354
-2-
12664-0001\3103166v1.doc
present during morning arrival and afternoon dismissal hours at each school site for the first day of the school year on Thursday, August 14th.
SECTION 4. Clear Communication Channels. The City commits to sharing accurate information regarding rights during immigration enforcement encounters and to dispel misinformation that may lead to panic or school absences.
SECTION 5. Circulation of Information. The City commits to sharing verified information about ICE activity within the City of Cudahy limits with all schools in the City, and with the Los Angeles Unified School District, and will ask the schools to do the same.
SECTION 6. Continued Advocacy. The City of Cudahy will continue to advocate at the state and federal level for immigration policies that uphold due process, human dignity, and family unity, and will oppose any actions that violate constitutional rights and protections and terrorize immigrant communities.
SECTION 7. School Collaborative Quarterly Meetings. The City of Cudahy, in partnership with the local school board office, will set forth efforts for quarterly meetings with school principals, educators, parent representatives, and educational community organizations in an effort to build a cohesive understanding of the needs of our schools with regard to student safety associated with immigration enforcement.
SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 5th day of August 2025. ____________________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
_______________________________
Richard Iglesias
City Clerk
-3-
12664-0001\3103166v1.doc
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.25-47 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 special meeting of said Council held on the 5th day of August 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
Blank Page
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Staff Report
8/5/2025 Page 1 of 3
STAFF REPORT
Date: August 5, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Ray Casey, Senior Engineer
Subject: April 2025 Pavement Management Program (PMP)
RECOMMENDATION
The City Council is requested to:
1. Continue with current Capital Improvement (CIP) expenditure levels going forward for pavement management efforts; and
2. Review and approve the Draft April 2025 Pavement Management Program.
BACKGROUND
The Pavement Management Program constitutes a citywide assessment of current pavement conditions in the City’s street network system. It is intended to evaluate those conditions by street classification, compare them against industry standards and make recommendations as to priority street improvements and overall funding levels. The results of the April 2025 analysis show that the City has a current Pavement Condition Index (PCI) of 58, with the national average for cities being between 60 and 65. The analysis provides street segment maintenance and/or rehabilitation recommendations based on budget and maximizing the City’s overall PCI.
The amount of funding allocated annually to the PMP directly impacts the City’s overall PCI.
ANALYSIS
Nichols Consulting Engineers, Chtd. (NCE) was selected by the City of Cudahy (City) in 2024 to update its Pavement Management Program (PMP) in accordance with ASTM D6433. This report summarizes the findings from the April 2025 PMP update. The City is responsible for maintaining approximately 14.6 centerline miles of streets, representing a substantial Item Number
14A
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investment of approximately $29.6 million. The street network includes 6.2 centerline miles of arterial streets, 4.1 miles of collector streets, and 4.3 miles of residential streets. In August 2024, NCE surveyed the City’s network. Table A below summarizes the condition of City streets based on Pavement Condition Index (PCI) and functional classification.
Table A. Street Network PCI Breakdown
*The weighted average PCI is calculated by multiplying the area of each street section by the PCI of that section, totaling all sections together, and then dividing by the total area of the network area or functional classification. The City of Cudahy street network's weighted average (by area) PCI after the inspection is 58. Overall, 36.4 percent of the City’s street network area is in “Very Good” condition, approximately 50.4 percent is in “Good” condition, 12.4 percent is in “Poor” condition, and 0.8 percent is in “Very Poor” condition. To establish a pragmatic approach, 2 budget scenarios were examined using a yearly inflation rate of 4.5 percent. The budgeted amounts for the 2 scenarios include paving and non-paving costs, staff time, design, construction management, and contingencies.
Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) – This scenario assumes that the City’s funding level will be a total of $10.2 million over 5 years. The street network PCI will be increased from 60 to 73 by the end of this 5-year period.
Scenario 2: Increase Network PCI to 80 by the end of FY 29/30 (Average of $2.5M/year) – This scenario assumes that the City will increase the street network PCI from PCI 58 to 80 by the end of FY 29/30. This will cost $30.3 million total over 5 years.
CONCLUSION
City staff recommends maintaining current expenditure levels for ongoing pavement management efforts and that the City Council review and approve the Draft April 2025 Pavement Management Program.
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Staff Report
8/5/2025 Page 3 of 3
FINANCIAL IMPACT
Staff is recommending the first scenario be utilized going forward for the Pavement Management Program. The adopted CIP includes projects that exceed the Pavement Management Program annual investment for the next several years, based on the first scenario. Maintaining this level of investment for the next three years should result in a PCI that exceeds the upper end of the national average. Given the uncertainty of receiving additional funding from State and/or Federal sources at this time, staff believes it is prudent to maintain the current level of investment. Staff will return to City Council in 3 years with an updated PMP as required in order to meet the City’s obligation for funding and revisit the pavement trends citywide at that time.
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 April 2025 Pavement Management Program Update
2024 Pavement Management Program Update
City of Cudahy
Public Works
5220 Santa Ana St
Cudahy, CA 90201
April 2025
2300 E. Katella Avenue, Suite 215
Anaheim, CA 92806
Attachment A Page 86 of 354
2024 Pavement Management Program Update
City of Cudahy
Final Report
2024 Pavement Management Program Update
City of Cudahy
April 2025
Prepared for:
City of Cudahy
Public Works
5220 Santa Ana St
Cudahy, CA 90201
Prepared by:
Mahmoud Samara, EIT
Project Engineer
Timin Punnackal, P.E. (NV)
Senior Engineer
Vivek Jha, P.E. (MD)
Associate
NCE
2300 E. Katella Avenue, Suite 215
Anaheim, CA 92806
(714) 848-8897
NCE Project No. 548.05.30
2024 Pavement Management Program Update
Executive Summary City of Cudahy
Final Report April 2025
ES - 1
Executive Summary
Nichols Consulting Engineers, Chtd. (NCE) was selected by the City of Cudahy (City) to update its Pavement Management Program (PMP) in accordance with ASTM D6433. The purpose of the PMP is to help educate policymakers about the current condition of the street network and the impact of various scenarios on future network conditions. This report summarizes the findings from the April 2025 PMP update.
The City is responsible for maintaining approximately 14.6 centerline miles of streets, representing a substantial investment of approximately $29.6 million. The street network includes 6.2 centerline miles of arterial streets,
4.1 miles of collector streets, and 4.3 miles of residential streets. In August 2024, NCE surveyed the City’s network. Tables A below summarize the condition of City streets based on Pavement Condition Index (PCI) and functional classification.
Table A. Street Network PCI Breakdown
Functional Class Centerline
Mileage
Percent
Area
Weighted
Average PCI* Condition
Arterial 6.2 43.6% 57 Good
Collector 4.1 30.4% 53 Good
Residential 4.3 26.0% 67 Good
Total 14.6 100.0% 58 Good
*
The weighted average PCI is calculated by multiplying the area of each street section by the PCI of that section, totaling all sections together, and then dividing by the total area of the network area or functional classification.
The City of Cudahy street network's weighted average (by area) PCI after the inspection is 58. Overall, 36.4 percent of the City’s street network area is in “Very Good” condition, approximately 50.4 percent is in “Good” condition, 12.4 percent is in “Poor” condition, and 0.8 percent are in “Very Poor” condition.
To establish a pragmatic approach, 2 budget scenarios were examined using a yearly inflation rate of 4.5 percent. The budgeted amounts for the 2 scenarios include paving and non-paving costs, staff time, design, construction management, and contingencies.
Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) – This scenario assumes that the City’s funding level will be a total of $10.2 million over 5 years. The street network PCI will be increased from 60 to 73 by the end of this 5-year period. The cost of deferred maintenance1 will decrease from $10.7
million to $4.7 million by the end of FY 29/30.
Scenario 2: Increase Network PCI to 80 by the end of FY 29/30 (Average of $2.5M/year) – This scenario assumes that the City will increase the street network PCI from PCI 58 to 80 by the end of FY 29/30. This will cost $30.3 million total over 5 years. Deferred maintenance costs will decrease from $10.7 million to $2.5 million by the end of FY 29/30.
1 Deferred maintenance refers to maintenance activities that were either not performed as scheduled or were postponed to a future period due to insufficient funding. This calculation encompasses costs associated with CICM (Construction Inspection and Construction Management), design, and contingencies.
2024 Pavement Management Program Update
Executive Summary City of Cudahy
Final Report April 2025
ES - 2
The following table summarizes each scenario and its corresponding 5-year budget, PCI, and deferred maintenance cost at the end of the analysis period.
Table B. Budget Scenario Analysis Summary
Scenario Description
Cumulative
5-year
Budget ($M)
End of FY 29/30
Network PCI Deferred
Maintenance ($M)
1 City’s Anticipated Budget 10.2 73 4.7
2 Increase Streets PCI to 80 by
the end of FY 29/30 12.3 80 2.5
NCE recommends that the City increase the funding level to improve the network condition and further decrease deferred maintenance. Scenario 2 accomplishes both these objectives by increasing PCI from 58 to 80 and decreasing the deferred maintenance from $10.7 million to $2.5 million by the end of FY 29/30. However, if the City determines that Scenario 2 is unrealistic to implement due to the significant financial commitment, NCE recommends the City pursue Scenario 1. This option aligns with the City's current annual budget, adjusted for annual increases to account for anticipated inflation. It should be noted that under Scenario 1, the PCI is projected to increase from 58 to 73 by the end of FY 29/30.
NCE further refined these streets and corresponding treatments through site visits with City staff to understand the City’s past approach to addressing streets with various distresses and site constraints, as well as other considerations such as treatment costs and the past performance of specific treatments. NCE developed a targeted Five-Year Maintenance and Rehabilitation (M&R) Work Plan for streets within the City. Treatment recommendations were determined through collaborative site visits conducted by NCE pavement engineers and city representatives. The percentage of base repairs was estimated based on the pavement condition of each street. Additionally, NCE explored the feasibility of consolidating streets with varying treatment needs into a single treatment approach to optimize efficiency and streamline implementation. This information was then used to develop a comprehensive and cost-effective pavement recommendation for streets. Appendix H present the Five-year work plan.
2024 Pavement Management Program Update
Table of Contents City of Cudahy
Final Report April 2025
i
Table of Contents
1 Introduction and Background .................................................................................................. 1
1.1 Purpose ..................................................................................................................................... 1 2 Network Summary ................................................................................................................... 2 3 Pavement Condition ................................................................................................................ 3 4 Maintenance and Rehabilitation Strategies ............................................................................. 6
4.1 Planned Rehabilitation Projects ................................................................................................ 7 5 Budget Analysis ....................................................................................................................... 8
5.1 Budget Needs ............................................................................................................................ 8
5.2 Budget Scenarios ...................................................................................................................... 8
5.3 Scenario Comparisons ............................................................................................................. 11 6 Work Plan Development ........................................................................................................ 14 7 Price Analysis Comparison to Previous Report ....................................................................... 15 8 Conclusions and Recommendations ....................................................................................... 16
8.1 Recommendations .................................................................................................................. 16
2024 Pavement Management Program Update
Table of Contents City of Cudahy
Final Report April 2025
ii
List of Figures
Figure 1. Examples of Streets with Different PCIs. ........................................................................................ 4 Figure 2. Street Network Percent Pavement Area by Condition Category. .................................................. 5 Figure 3. Network PCI for Different Agencies................................................................................................ 5 Figure 4. Costs of Maintaining Pavements over their Service Lives. ............................................................. 6 Figure 5. PCI versus Deferred Maintenance for Scenario 1........................................................................... 9 Figure 6. PCI versus Deferred Maintenance for Scenario 2......................................................................... 10 Figure 7. Comparison of Annual Street PCI by Scenario. ............................................................................. 12 Figure 8. Comparison of Annual Deferred Maintenance by Scenario. ........................................................ 12 Figure 9. Comparison of Pavement Condition by the end of FY 29/30 by Scenarios. ................................. 13 List of Tables
Table 1. Street Network PCI Breakdown ....................................................................................................... 2 Table 2. Pavement Condition Categories ...................................................................................................... 4 Table 3. Street Network Budget Needs ......................................................................................................... 8 Table 4. Cost Summary under Scenario 1 ...................................................................................................... 9 Table 5. Cost Summary under Scenario 2 .................................................................................................... 10 Table 6. Budget Scenario Analysis Summary ............................................................................................... 11
2024 Pavement Management Program Update
Table of Contents City of Cudahy
Final Report April 2025
iii
List of Appendices
Appendix A
Section Description Inventory – Average (Weighted by Area) PCI Appendix B
Maintenance and Rehabilitation (M&R) Decision Tree
Appendix C
Budget Needs
Appendix D
Scenario Results
Appendix E
Scenario 1 – Sections Selected for Treatment
Appendix F
GIS Maps
Appendix G
Quality Control Plan (QCP)
Appendix H
Work Plan Development
2024 Pavement Management Program Update
Introduction and Background City of Cudahy
Final Report April 2025
1 1 Introduction and Background
Nichols Consulting Engineers, Chtd. (NCE) was selected by the City of Cudahy (City) to update the City’s Pavement Management Program (PMP). To update the City’s PMP, NCE surveyed pavement condition in compliance with ASTM D64332
. The surveys did not include non-pavement issues such as traffic, safety and street hazards, geometric issues, shoulders, sidewalks, curb and gutters, drainage issues, or immediate maintenance needs.
After inspection, all survey data were entered into the City’s StreetSaver® database, and Pavement Condition Index (PCI) calculations were performed. NCE developed a decision tree with input from the City staff, including maintenance and rehabilitation (M&R) strategies and treatment unit costs, analyzed the budget needs, and modeled 2 budget scenarios for the street network.
In general, PMPs are “designed to provide objective information and useful data so that managers can make more consistent, cost-effective, and defensible decisions related to the preservation of a pavement network.”3 In other words, a PMP is designed to assist cities with answering questions such as:
What does the City’s pavement network include?
What is the current condition of the pavement network? What are the City’s current M&R strategies?
How much funding is required to perform all needed M&R treatments over the next analysis period (typically 4 to 5 years)?
What effect does the City’s existing funding have on the network condition and overall deferred maintenance4
?
What effect will other funding amounts have on the network condition and deferred maintenance?
1.1 Purpose
The purpose of this report is to provide a comprehensive understanding of overall pavement condition and facilitate effective planning and maintenance strategies for the City. The report assists policymakers in decisionmaking by showing the impacts of different funding strategies on the City’s streets over the next 5 years. It also assists the City with identifying M&R priorities specific to the City’s needs and highlights options for improving the current PCI. These options are developed by conducting "what-if" analyses using StreetSaver® software. 2 ASTM. ASTM D6433. Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys. (West Conshohocken, PA: ASTM International, 2023), astm.org.
3 AASHTO Guidelines for Pavement Management Systems. (Washington, DC: American Association of State Highway and Transportation Officials, 1990).
4 Deferred maintenance refers to maintenance activities that were either not performed as scheduled or were postponed to a future period due to insufficient funding. This calculation encompasses costs associated with CICM (Construction Inspection and Construction Management), design, and contingencies.
2024 Pavement Management Program Update
Network Summary City of Cudahy
Final Report April 2025
2 2 Network Summary
The City is responsible for maintaining approximately 14.6 centerline miles of streets. The street network includes 6.2 centerline miles of arterials, 4.1 centerline miles of collectors, and 4.3 miles of residential streets.
Part of the street network is composed of asphalt concrete pavement (0.4 centerline miles). Table 1 summarize the street network by functional class. Appendix A lists all the streets within the network, providing details such as the road name, start and end streets, surface type, functional classification, inspection date, and the inspected PCI.
Table 1. Street Network PCI Breakdown
Functional Class Centerline
Mileage
Percent
Area
Weighted
Average PCI* Condition
Arterial 6.2 43.6% 57 Good
Collector 4.1 30.4% 53 Good
Residential 4.3 26.0% 67 Good
Total 14.6 100.0% 57 Good *
The weighted average PCI is calculated by multiplying the area of each street section by the PCI of that section, totaling all sections together, and then dividing by the total area of the network or functional classification.
Street pavements are one of the City’s most valuable assets. The total street network replacement cost is estimated to be approximately $29.6 million. This can be viewed as the value of the pavement network and is the amount needed to fund a reconstruction of the entire paved network. It does not include related infrastructure assets such as sidewalks, signals, markings, signs, or storm drains.
2024 Pavement Management Program Update
Pavement Condition City of Cudahy
Final Report April 2025
3 3 Pavement Condition
The PCI is a measurement of pavement grade or condition and ranges from 0 to 100. A newly constructed street will have a PCI of 100, while a street in very poor condition will have a PCI of 24 or less. Pavement condition is primarily affected by climate, traffic loads and volumes, construction materials, and age. For asphalt concrete pavements and Portland cement concrete pavements, distress might include:
Asphalt Concrete Pavements:
Alligator (Fatigue) Cracking Patching and Utility Cut Patching Bleeding Polished Aggregate
Block Cracking Potholes
Bumps and Sags Railroad Crossing
Corrugation Rutting
Depression Shoving
Edge Cracking Slippage Cracking
Joint Reflection Cracking Swell
Lane/Shoulder Drop-Off Raveling
Longitudinal/Transverse Cracking Weathering
Portland Cement Concrete Pavements:
Blowup/Buckling Popouts
Corner Break Pumping
Divided Slab Punchout
Durability Cracking Scaling
Patching (Large and Small) Spalling (Corner and Joint) Linear Cracking
The photographs in Figure 1 illustrate the City’s asphalt concrete streets and show a range of PCIs.
2024 Pavement Management Program Update
Pavement Condition City of Cudahy
Final Report April 2025
4 Figure 1. Examples of Streets with Different PCIs.
The definitions of the pavement condition categories and PCI ranges are shown in Table 2. These are the PCI “breakpoints” in StreetSaver®.
Table 2. Pavement Condition Categories
Condition Category PCI Range Description
Very Good 70 – 100
Pavements with minimal surface distress that may include some hairline longitudinal/transverse cracks and/or weathering. The pavement structure is sound, and minor oxidation may occur.
Good 50 – 69
Pavements with significant distress that is predominantly non-load-related, such as longitudinal/transverse cracks, bleeding, block cracking, weathering, raveling, etc. The pavement structure is sound, and some oxidation has occurred.
Poor 25 – 49
Pavements with moderate to severe surface distresses. Extensive weathering or raveling, block cracking, and load-related distresses such as alligator cracking, rutting, and potholes may occur.
Very Poor 0 – 24 Pavements with severe weather-related distress and large quantities of loadrelated distress. These pavements are nearing the end of their service life.
2024 Pavement Management Program Update
Pavement Condition City of Cudahy
Final Report April 2025
5 The City’s overall weighted average PCI for the network is 58, which places the overall street network pavement condition in the “Good” category. Figure 2 shows the PCIs for the street network with the functional classifications. Approximately 36.4 percent (by area) of the street network is in “Very Good” condition, 50.4 percent is in “Good” condition, 12.4 percent is in “Poor” condition, and 0.8 percent is in “Very Poor” condition.
Figure 2. Street Network Percent Pavement Area by Condition Category.
Figure 3 illustrates PCI comparisons between the City and the surrounding agencies using information gathered from the 2022 California Statewide Local Streets and Roads Needs Assessment.
Figure 3. Network PCI for Different Agencies.
2024 Pavement Management Program Update
Maintenance and Rehabilitation Strategies City of Cudahy Final Report April 2025
6 4 Maintenance and Rehabilitation Strategies
In general, surface treatments such as crack seals or slurry seals are used when the pavements are in “Good” to “Very Good” condition. This type of treatment is usually considered “preventive maintenance”. When the pavement condition deteriorates to lower levels, overlays and full-depth structure replacements must be performed. These are considered “rehabilitation” or “reconstruction”. In addition, base repairs (R&R) for more localized distresses are commonly done in preparation for overlay and slurry seal treatments.
Based on a discussion with City staff, a detailed M&R decision tree was prepared and is included in Appendix B.
This determined the most effective and realistic treatments for each group of streets by functional class and condition category.
Figure 4. Costs5
of Maintaining Pavements over their Service Lives.
Figure 4 illustrates how the costs of pavement treatment increase as pavement condition decreases. The dollar amounts shown in Figure 4 are based on recent bids received by the City and illustrate that it costs much less to maintain streets in good condition than to repair failed streets. By letting pavements deteriorate, streets that once cost ~$31 per square yard to treat with a thin overlay may, in a few years, cost as much as ~$77 per square yard to surface reconstruction.
Because of this, a key pavement management repair strategy is to keep streets in “Very Good” and “Good” condition from deteriorating. This is particularly true for streets in the “Good” range since pavement deterioration will accelerate if left untreated. The pavement deterioration curve shown in Figure 4 describes how pavements deteriorate over time. Pavements in “Good” condition show some distress and require more 5 In addition to the contractor’s prices, unit costs are loaded to include staff time, design, construction management, contingencies, and non-asphalt concrete related work.
2024 Pavement Management Program Update
Maintenance and Rehabilitation Strategies City of Cudahy Final Report April 2025
7 than preventive maintenance. At this point, a well-designed pavement will have reached between 35 and 50 percent of its life, and a thin mill and Hot Mix Asphalt (HMA) overlay to bring its condition back to “Very Good”.
For pavements in the “Poor” category, approximately 30 percent of service life is left; a thicker mill and HMA overlay would be required to bring its condition back to “Very Good.” Pavements in “Very Poor” condition are near the ends of their service lives and often exhibit severe forms of distress such as potholes, rutting, and extensive cracking. At this stage, surface reconstruction is typically required. In general, arterials are expected to have a service life of approximately 25 years, while residential streets are expected to have a service life exceeding 30 years.
4.1 Planned Rehabilitation Projects
The city has implemented a Capital Improvement Program (CIP) to rehabilitate multiple sections within its limits.
The budgetary analysis (detailed further in the upcoming section) incorporates these streets into its recommendations, considering factors such as projected PCI, deferred maintenance, and section prioritization during the scenario analysis period. Atlantic Ave between Live Oak St and Elizabeth St is included in the city's 2024 CIP as a major rehabilitation (mill and overlay with R&R). The rehabilitation of this section of Atlantic Ave is projected to improve the City’s inspected PCI of 58 to 59 upon completion.
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
8 5 Budget Analysis
Based on the principle that it costs less to maintain streets in good condition than it does to repair those that have failed, cost-effective PMPs employ strategies that first eliminate deferred maintenance and then preserve the network with ongoing maintenance. Such strategies bring the network condition to an optimal PCI that can be maintained over time.
5.1 Budget Needs
The first step in developing a cost-effective strategy is to determine, assuming an unconstrained budget, the total maintenance budget “needs” of the network, i.e., the funding required for every street in the network to reach optimal condition based on the policy established in the decision tree. For the City, the cost of treatment(s) over the analysis period was calculated by multiplying unit costs by pavement section area at an annual inflation rate of 4.5 percent.
The street network budget needs are estimated to be approximately $11.4 million over the next 5 years for the street network. The majority of this budget will be allocated to rehabilitation and reconstruction, as the current network requires a strong focus on pavement restoration. If the City follows this “ideal” strategy, the average street network PCI will increase to 85 by the end of FY 29/30. Table 3 below shows the impacts of expenditures on the PCI, assuming an unconstrained budget.
Table 3. Street Network Budget Needs
Fiscal Year Current 25/26 26/27 27/28 28/29 29/30 Total Total Budget Needs ($M) NA 10.7 0.2 0.5 0.0 0.0 11.4
Rehabilitation ($M) NA 10.6 0.2 0.3 0.0 0.0 11.1
Preventive Maintenance ($M) NA 0.1 0.0 0.2 0.0 0.0 0.3
Treated PCI 58 96 90 89 87 85 NA
Untreated PCI 58 58 54 52 49 45 NA
5.2 Budget Scenarios
Having determined the street network's maintenance needs, the next step in developing a cost-effective M&R strategy is to generate two alternative budgets and analyze “what-if” scenarios. By examining the impacts of budget scenarios, the advantages and disadvantages of the 2 funding levels and maintenance strategies can be illustrated.
The budgeted amounts for the 2 scenarios include an annual inflation rate of 4.5 percent. They also include paving and non-paving costs, staff time, design, construction management, and contingencies. Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) Scenario 2: Increase Network PCI to 80 by the end of FY 29/30 (Average of $2.5M/year)
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
9 5.2.1 Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) The maintenance strategy in this scenario was to prioritize rehabilitation efforts for pavements categorized as “Good,” “Poor,” and “Very Poor”. At the City’s anticipated budget of $2.0 million every year. The network PCI will increase from 58 to 73 by the end of FY 29/30. By the end of the analysis period, 69.4 percent of the network will be in “Very Good” condition, 9.6 percent will be in “Good” condition, 14.4 percent will be in “Poor” condition, and 6.6 percent will be in “Very Poor” condition. The deferred maintenance cost will decrease from $10.7 million to $4.7 million by the end of FY 29/30. Table 4 and Figure 5 show the outcomes under this scenario.
Table 4. Cost Summary under Scenario 1
Fiscal Year Current 25/26 26/27 27/28 28/29 29/30 Total City’s Budget
($M) N/A 2.2 2.0 2.0 2.0 2.0 10.2
Rehabilitation
($M) N/A 2.2 2.0 2.0 1.9 1.9 10.0
Preventive
Maintenance
($M)
N/A 0.0 0.0 0.0 0.1 0.1 0.2
Deferred
Maintenance
($M)
10.7 8.5 7.5 6.7 5.9 4.7 N/A
Streets Network
PCI 58 63 65 69 71 73 N/A
Figure 5. PCI versus Deferred Maintenance for Scenario 1.
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
10 5.2.2 Scenario 2: Increase Network PCI to 80 by the end of FY 29/30 (Average of $2.5M/year) In this scenario the target PCI for the network is 80 by the end of FY 29/30. As shown in Table 5 and Figure 6 for Scenario 2, the estimated financial commitment required to accomplish this goal is $12.3 million over 5 years. In this scenario, 81.1 percent of the network will be in “Very Good” condition, 5.6 percent will be in “Good” condition, 9.9 percent will be in “Poor” condition, and 3.4 percent will be in “Very Poor” condition after 5 years.
The deferred maintenance cost will decrease from $10.7 million to $2.5 million by the end of FY 29/30.
Table 5. Cost Summary under Scenario 2
Fiscal Year Current 25/26 26/27 27/28 28/29 29/30 Total City’s Budget
($M) N/A 2.5 2.5 2.5 2.4 2.4 12.3
Rehabilitation
($M) N/A 2.5 2.4 2.5 2.3 2.4 12.1
Preventive
Maintenance
($M)
N/A 0.0 0.1 0.0 0.1 0.0 0.2
Deferred
Maintenance
($M)
10.7 8.2 6.9 5.5 4.2 2.5 N/A
Streets
Network PCI 58 64 68 73 76 80 N/A
Figure 6. PCI versus Deferred Maintenance for Scenario 2.
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
11 5.3 Scenario Comparisons
The scenarios evaluated in this PMP update include:
Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) – This scenario assumes that the City’s funding level will be a total of $10.2 million over 5 years. The street network PCI will be increased from 60 to 73 by the end of this 5-year period. The cost of deferred maintenance6 will decrease from $10.7
million to $4.7 million by the end of FY 29/30.
Scenario 2: Increase Network PCI to 80 by the end of FY 29/30 (Average of $2.5M/year) – This scenario assumes that the City will increase the street network PCI from PCI 60 to 80 by the end of FY 29/30. This will cost $30.3 million total over 5 years. Deferred maintenance costs will decrease from $10.7 million to $2.5 million by the end of FY 29/30.
The following table (Table 6) summarizes each scenario and its corresponding 5-year budget, PCI, and deferred maintenance cost at the end of the analysis period. Appendix D shows the cost and network condition summary for each scenario.
Table 6. Budget Scenario Analysis Summary
Scenario Description
Cumulative
5-year
Budget ($M)
End of FY 29/30
Network PCI Deferred
Maintenance ($M)
1 City’s Anticipated Budget 10.2 73 4.7
2 Increase Streets PCI to 80 by
the end of FY 29/30 12.3 80 2.5
Figure 7 compares the annual changes in street network PCI under each budget scenario. Under Scenario 1, the PCI is projected to remain at 73 by the end of this 5-year period. Under Scenario 2, the PCI will increase to 80 by the end of FY 29/30. In both scenarios, the current PCI of 58 will improve to 59 after Atlantic Ave between Live Oak St and Elizabeth St is resurfaced as part of the 2024 CIP. 6 Deferred maintenance refers to maintenance activities that were either not performed as scheduled or were postponed to a future period due to insufficient funding. This calculation encompasses costs associated with CICM (Construction Inspection and Construction Management), design, and contingencies.
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
12 Figure 7. Comparison of Annual Street PCI by Scenario.
Figure 8 illustrates the associated annual changes in deferred maintenance under each budget scenario. In both Scenarios 1 and 2, deferred maintenance is projected to decrease to $4.7 million, and $2.5 million respectively.
Figure 8. Comparison of Annual Deferred Maintenance by Scenario.
Figure 9 illustrates the percent change in pavement condition for each scenario at the end of FY 29/30. Both scenarios will increase the proportion of the streets network in the "Very Good" condition while maintaining the "Poor" condition at roughly the same level.
2024 Pavement Management Program Update
Budget Analysis City of Cudahy
Final Report April 2025
13 Figure 9. Comparison of Pavement Condition by the end of FY 29/30 by Scenarios.
36.4%
69.4%
81.1%
50.4%
9.6%
5.6%
12.4%
14.4%
9.9%
0.8%
6.6%
3.4%
0% 20% 40% 60% 80% 100%
Current
Scenario 1
Scenario 2
Very Good: 70-100 Good: 50-69 Poor: 25-49 Very Poor: 0-24
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Work Plan Development City of Cudahy
Final Report April 2025
14 6 Work Plan Development
NCE further refined these streets and corresponding treatments through site visits with City staff to understand the City’s past approach to addressing streets with various distresses and site constraints, as well as other considerations such as treatment costs and the past performance of specific treatments. NCE developed a targeted Five-Year Maintenance and Rehabilitation (M&R) Work Plan for streets within the City. Treatment recommendations were determined through collaborative site visits conducted by NCE pavement engineers and city representatives. The percentage of base repairs was estimated based on the pavement condition of each street. Additionally, NCE explored the feasibility of consolidating streets with varying treatment needs into a single treatment approach to optimize efficiency and streamline implementation. This information was then used to develop a comprehensive and cost-effective pavement recommendation for streets. Appendix H present the Five-year work plan.
2024 Pavement Management Program Update
Price Analysis Comparison to Previous Report City of Cudahy Final Report April 2025
15 7 Price Analysis Comparison to Previous Report
The impact of inflation has become more pronounced in recent years. In 2021, the COVID-19 pandemic disrupted the worldwide economy for several months, leading to the sudden inflation of prices and interest rates. The average inflation rate in the United States was 1.23 percent in 2020 and 4.7 percent in 2021 but increased to 8.0 percent in 2022. According to the U.S. Bureau of Labor Statistics, the 12-month nationwide inflation rate for May 2024 for the Consumer Price Index was 3.4 percent, and California experienced more severe changes with 3.9 percent inflation. Modeling an initial inflation rate of 4.5 percent and reducing it 0.5 percent each year is a prudent and slightly conservative approach for several reasons:
1. Historical Trends
a. Recent Years: In 2023, the inflation rate was 5.3 percent, and it decreased to 3.8 percent by February 2025. An initial 4.5 percent rate is comfortably above the recent 12-month rate of
2.8 percent, ensuring that the budget scenarios remain resilient to potential short-term volatility while considering a future decrease.
b. Previous Highs: An initial inflation rate of 4.5 percent is not as conservative relative to historical peaks that have exceeded 5.0, 6.0, and even 7.0 percent in recent years.
2. Future Uncertainty
a. Economic Volatility: Inflation rates can be unpredictable due to economic factors such as supply chain disruptions, geopolitical events, or changes in monetary policy. Using an inflation rate of 4.5 percent provides a buffer against unexpected increases in inflation. b. Conservative Planning: A slightly higher rate ensures that budgets are prepared for more significant cost increases than anticipated, reducing the risk of underestimating future expenses.
3. Policy Adjustments
a. Monetary Policy: Central banks, including the Federal Reserve, may implement measures to stabilize inflation. While current trends suggest a decrease, there could be policy changes that might affect inflation rates. By establishing a higher rate at the beginning of the analysis, NCE calculated a cautious estimate.
2024 Pavement Management Program Update
Conclusions City of Cudahy
Final Report April 2025
16 8 Conclusions and Recommendations
The City of Cudahy has made a substantial investment of $29.6 million in its pavement network. Overall, the pavement network is in the “Good” condition with a PCI of 58. The City’s existing budget (Scenario 1) of $10.2 million over 5 years is expected to increase the PCI to 73 by the end of 29/30. Under Scenario 2, PCI would increase from 58 PCI to 80 by the end of FY 29/30 with an investment of $12.3 million.
8.1 Recommendations
NCE recommends that the City increase the funding level to improve the network condition and further decrease deferred maintenance. Scenario 2 accomplishes both these objectives by increasing PCI from 58 to 80 and decreasing the deferred maintenance from $10.7 million to $2.5 million by the end of FY 29/30. However, if the City determines that Scenario 2 is unrealistic to implement due to the significant financial commitment, NCE recommends the City pursue Scenario 1, while considering the following:
1. Additional Funding – Actively pursue additional pavement funding sources to fill the gap between the City’s existing funding and Scenario 2.
2. Pavement Maintenance Strategies – Explore the use of preventive maintenance treatments such as crack sealing, slurry sealing, micro surfacing, and similar methods. These methods are essential in extending pavement life, reducing the need for more extensive rehabilitation projects, and ultimately lowering maintenance costs over time. While these strategies have not been widely implemented in the past, adopting them could significantly benefit the City’s pavement management efforts. Additionally, there are specific funding opportunities available for slurry sealing and related treatments. For example, California's Senate Bill 1 (SB 1) has been used to fund slurry seal projects.
3. Inspection Strategies – Monitor future pavement performance and ongoing maintenance needs by updating the required inventory of the City’s arterial and collector streets every 2 to 3 years at a minimum. NCE recommends that the City also inspect the residential street network every 5 to 6 years.
4. M&R Decision Tree – Review and update the M&R treatment strategies and associated unit costs annually to reflect new construction techniques and costs so that the budget analysis results remain reliable and accurate.
Appendix A
Section Description Inventory – Average (Weighted by Area) PCI
Appendix A-1
Sections Listed By Name
NCE City of Cudahy
2024 Pavement Management Program Update
Streets Network Inventory
Sorted by Name
Street ID Street Name Section
ID Beg Location End Location Functional Class Surface Type Lanes Length (LF) Width (LF) Area (SF) PCI PCI Date Condition Category ALAMO ALAMO AVENUE 010 SANTA ANA ST CUL-DE-SAC R A - AC 2 395 26 11,855 73 8/8/2024 Very Good ARDINE ARDINE STREET 010 SALT LAKE AVE ATLANTIC AVE R A - AC 2 655 36 25,405 93 8/8/2024 Very Good ATLANT ATLANTIC AVENUE 040 CECILIA ST SALT LAKE AVE A A - AC 4 1,125 70 78,750 77 8/14/2024 Very Good ATLANT ATLANTIC AVENUE 010NB LIVE OAK ST FLORENCE AVE A A - AC 2 840 28 24,950 44 8/14/2024 Poor ATLANT ATLANTIC AVENUE 010SB FLORENCE AVE LIVE OAK ST A A - AC 2 840 28 24,615 71 8/14/2024 Very GoodATLANT ATLANTIC AVENUE 015NB CLARA ST LIVE OAK ST A A - AC 2 875 28 25,660 53 8/14/2024 Good ATLANT ATLANTIC AVENUE 015SB LIVE OAK ST CLARA ST A A - AC 2 875 28 28,095 77 8/14/2024 Very Good ATLANT ATLANTIC AVENUE 020NB ELIZABETH ST CLARA ST A A - AC 2 885 28 27,283 43 8/14/2024 PoorATLANT ATLANTIC AVENUE 020SB CLARA ST ELIZABETH ST A A - AC 2 885 28 27,455 74 8/14/2024 Very GoodATLANT ATLANTIC AVENUE 025NB SANTA ANA ST ELIZABETH ST A A - AC 2 875 28 27,290 51 8/14/2024 Good ATLANT ATLANTIC AVENUE 025SB ELIZABETH ST SANTA ANA ST A A - AC 2 875 28 26,020 58 8/14/2024 Good ATLANT ATLANTIC AVENUE 030NB CECILIA ST (S) SANTA ANA ST A A - AC 2 930 28 29,630 75 8/14/2024 Very GoodATLANT ATLANTIC AVENUE 030SB SANTA ANA ST CECILIA ST (S) A A - AC 2 930 28 27,190 82 8/14/2024 Very Good BEAR BEAR AVENUE 010 WALNUT ST LIVE OAK ST R A - AC 2 415 26 10,790 37 8/6/2024 PoorBEAR BEAR AVENUE 020 LIVE OAK ST SALT LAKE AVE R A - AC 2 410 26 11,775 42 8/6/2024 Poor CECELI CECILIA STREET 010 SALT LAKE AVE ATLANTIC AVE R A - AC 2 1,273 32 43,550 94 8/8/2024 Very Good CECELI CECILIA STREET 020 ATLANTIC AVE WILCOX AVE R A - AC 2 1,595 36 58,875 39 8/8/2024 PoorCECELI CECILIA STREET 030 WILCOX AVE FERNDALE AVE R A - AC 2 725 32 23,200 53 8/8/2024 Good CECELI CECILIA STREET 040 FERNDALE AVE RIVER RD R A - AC 2 1,115 36 43,410 67 8/8/2024 Good CLARA CLARA STREET 010 SALT LAKE AVE OTIS AVE C A - AC 2 1,280 37 49,850 62 8/6/2024 Good CLARA CLARA STREET 020 OTIS AVE ATLANTIC AVE C A - AC 2 2,270 37 83,990 67 8/6/2024 Good CLARA CLARA STREET 030 ATLANTIC AVE WILCOX AVE C A - AC 2 2,530 40 103,185 61 8/6/2024 Good CLARA CLARA STREET 040 WILCOX AVE RIVER RD C A - AC 2 1,440 40 57,600 40 8/6/2024 Poor CLARA CLARA STREET 050 RIVER RD LA RIVER BRIDGE W/S C A - AC 2 620 40 24,800 60 8/6/2024 GoodCLARA CLARA STREET 060 LA RIVER BRIDGE E/S 710 FWY OVERPASS C A - AC 2 165 40 6,600 62 8/6/2024 Good CLARAN CLARA STREET NORTH ROAD 010 CLARA ST EAST END (LA RIVER) R A - AC 2 610 22 14,150 72 8/6/2024 Very Good CLARAS CLARA STREET SOUTH ROAD 010 CLARA ST RIVER RD (LA RIVER) R A - AC 2 605 28 16,940 69 8/6/2024 Good CLARKSON CLARKSON AVENUE 010 LIVE OAK ST NORTH END R A - AC 2 290 18 5,625 41 8/8/2024 Poor CRAFTO CRAFTON AVENUE 010 CECELIA ST CUL-DE-SAC R A - AC 2 205 26 6,345 64 8/8/2024 Good CRAFTO CRAFTON AVENUE 020 LIVE OAK ST NORTH CITY LIMITS R A - AC 2 230 36 8,280 77 8/6/2024 Very Good ELIZAB ELIZABETH STREET 010 SALT LAKE AVE OTIS AVE A A - AC 2 156 26 4,990 44 8/8/2024 Poor ELIZAB ELIZABETH STREET 015 OTIS AVE ATLANTIC AVE A A - AC 2 2,530 32 86,775 51 8/8/2024 Good ELIZAB ELIZABETH STREET 020 ATLANTIC AVE WILCOX AVE C A - AC 2 2,240 32 74,815 49 8/8/2024 Poor ELIZAB ELIZABETH STREET 030 WILCOX AVE RIVER RD C A - AC 2 2,030 32 64,960 51 8/8/2024 Good FERDAL FERNDALE AVENUE 010 FOSTORIA ST CECELIA ST (S) R A - AC 2 140 28 3,920 96 8/8/2024 Very Good FERDAL FERNDALE AVENUE 020 CECELIA ST (S) CECELIA ST (N) R A - AC 2 245 37 9,345 71 8/8/2024 Very Good FLORA FLORA AVENUE 010 LIVE OAK ST NORTH CITY LIMITS R A - AC 2 180 32 5,760 18 8/8/2024 Very Poor FLOWE FLOWER STREET 010 BEAR AVE OTIS AVE R P - PCC 2 1,690 26 43,940 71 8/6/2024 Very Good FOSTOR FOSTORIA STREET 010 FERNDALE AVE RIVER DR R A - AC 2 1,290 28 36,120 84 8/8/2024 Very Good HARTLE HARTLE AVENUE 010 OTIS AVE ATLANTIC AVE R A - AC 2 2,062 36 74,232 88 8/8/2024 Very GoodHARTLE HARTLE AVENUE 020 WILCOX AV EAST END R A - AC 2 185 32 5,265 71 8/14/2024 Very Good LIVEOA LIVE OAK STREET 010 SALT LAKE AVE BEAR AVE A O - AC/AC 2 380 36 14,500 59 8/6/2024 Good LIVEOA LIVE OAK STREET 020 BEAR AVE OTIS AVE A O - AC/AC 2 1,725 36 62,100 58 8/6/2024 Good LIVEOA LIVE OAK STREET 025 OTIS AVE FLORA AVE A O - AC/AC 2 860 36 30,960 56 8/6/2024 Good AC - Asphalt Concrete, AC/AC - Asphalt Concrete Overlay of existing AC, PCC - Portland Cement Concrete, AC/PCC - Asphalt Concrete Overlay of existing PCC, A - Arterial, C - Collector, R - Residential/Local 1 of 2 11/26/2024
NCE City of Cudahy
2024 Pavement Management Program Update
Streets Network Inventory
Sorted by Name
Street ID Street Name Section
ID Beg Location End Location Functional Class Surface Type Lanes Length (LF) Width (LF) Area (SF) PCI PCI Date Condition Category LIVEOA LIVE OAK STREET 030 FLORA AVE ATLANTIC AVE A O - AC/AC 2 1,122 36 40,392 54 8/6/2024 Good LIVEOA LIVE OAK STREET 040 ATLANTIC AVE WILCOX AVE A O - AC/AC 2 2,810 36 103,600 50 8/6/2024 Good LIVEOA LIVE OAK STREET 050 WILCOX AVE CRAFTON AVE R A - AC 2 810 36 29,532 81 8/6/2024 Very Good LIVEOA LIVE OAK STREET 060 CRAFTON AVE LIVE OAK LN R A - AC 2 680 36 24,950 68 8/6/2024 GoodLIVEOA LIVE OAK STREET 070 LIVE OAK LN CUL-DE-SAC R A - AC 2 545 36 20,665 65 8/6/2024 Good LIVEOL LIVE OAK LANE 010 LIVE OAK ST NORTH END R A - AC 2 356 20 7,120 58 8/6/2024 Good OLIVE OLIVE STREET 010 SALT LAKE AVE OTIS AVE R A - AC 2 720 26 19,930 58 8/14/2024 Good OTIS OTIS AVENUE 010 WALNUT ST LIVE OAK ST A A - AC 2 415 34 14,110 47 8/14/2024 PoorOTIS OTIS AVENUE 012 LIVE OAK ST FLOWER ST A A - AC 2 420 34 14,280 14 8/14/2024 Very Poor OTIS OTIS AVENUE 015 FLOWER ST CLARA ST A A - AC 2 410 34 13,940 22 8/14/2024 Very Poor OTIS OTIS AVENUE 020 CLARA ST OLIVE ST A A - AC 2 415 34 14,110 43 8/14/2024 Poor OTIS OTIS AVENUE 030 OLIVE ST ELIZABETH ST A A - AC 2 420 34 14,280 54 8/14/2024 GoodOTIS OTIS AVENUE 040 ELIZABETH ST SALT LAKE AVE A A - AC 2 140 36 5,185 55 8/14/2024 Good PARK PARK AVENUE 010 ELIZABETH ST SANTA ANA ST C A - AC 2 825 36 29,700 55 8/8/2024 Good PATATA PATATA STREET 010 ATLANTIC AVE WILCOX AVE A A - AC 2 1,230 36 47,902 91 8/8/2024 Very Good RIVER RIVER ROAD 010 CLARA ST SOUTH ELIZABETH ST R A - AC 2 755 22 17,515 36 8/6/2024 PoorRIVER RIVER ROAD 015 ELIZABETH ST CECILIA ST R A - AC 2 1,505 22 33,110 49 8/6/2024 Poor RIVER RIVER ROAD 020 CECILIA ST FOSTORIA ST R A - AC 2 330 22 7,260 73 8/6/2024 Very Good SALTLA SALT LAKE AVENUE 010 WALNUT ST LIVE OAK ST A O - AC/AC 2 555 30 16,650 62 8/13/2024 Good SALTLA SALT LAKE AVENUE 015 LIVE OAK ST FLOWER ST A O - AC/AC 2 560 30 16,800 51 8/13/2024 Good SALTLA SALT LAKE AVENUE 020 FLOWER ST CLARA ST A O - AC/AC 2 635 32 20,320 53 8/13/2024 GoodSALTLA SALT LAKE AVENUE 025 CLARA ST OLIVE ST A O - AC/AC 2 670 32 21,440 51 8/13/2024 Good SALTLA SALT LAKE AVENUE 030 OLIVE ST END AC (100' N/ OTIS AVE) A A - AC 2 825 32 26,690 58 8/13/2024 Good SALTLA SALT LAKE AVENUE 032 BEGIN PCC (100' N/ OTIS AVE) END PCC (125' S/ OTIS AVE) A P - PCC 2 245 30 6,300 88 8/13/2024 Very GoodSALTLA SALT LAKE AVENUE 035 BEGIN AC (125' S/ OTIS AVE) END AC (230' N/ SANTA ANA ST) A A - AC 2 790 30 24,800 48 8/13/2024 PoorSALTLA SALT LAKE AVENUE 038 BEGIN PCC (230' N/ SANTA ANA ST) END PCC (125' S/ SANTA ANA ST) A P - PCC 2 430 30 11,300 83 8/13/2024 Very GoodSALTLA SALT LAKE AVENUE 040 BEGIN AC (125' S/ SANTA ANA ST) CECILIA ST A A - AC 2 955 30 30,155 45 8/13/2024 Poor SALTLA SALT LAKE AVENUE 045 CECILIA ST ARDINE ST A A - AC 2 1,125 30 33,750 40 8/13/2024 Poor SALTLA SALT LAKE AVENUE 050 ARDINE ST ATLANTIC AVE A A - AC 2 1,050 36 37,800 35 8/13/2024 Poor SANTAN SANTA ANA STREET 010 SALT LAKE AVE ATLANTIC AVE A A - AC 2 1,900 52 101,905 49 8/8/2024 Poor SANTAN SANTA ANA STREET 020 ATLANTIC AVE WILCOX AVE C A - AC 2 1,955 32 66,675 54 8/8/2024 GoodSANTAN SANTA ANA STREET 030 WILCOX AVE PARK AVE C A - AC 2 1,483 32 48,090 54 8/8/2024 Good WALKER WALKER AVENUE 010 CLARA ST CUL-DE-SAC R A - AC 2 395 32 12,685 45 8/8/2024 Poor WALNUT WALNUT STREET 010 SALT LAKE AVE BEAR AVE R A - AC 2 670 26 18,150 62 8/6/2024 Good WALNUT WALNUT STREET 020 BEAR AVE OTIS AVE R A - AC 2 1,690 26 43,940 59 8/6/2024 Good WILCOX WILCOX AVENUE 010 NORTH CITY LIMIT LIVE OAK ST C O - AC/AC 2 405 50 20,250 47 8/13/2024 Poor WILCOX WILCOX AVENUE 015 LIVE OAK ST CLARA ST C O - AC/AC 2 835 42 35,070 46 8/13/2024 Poor WILCOX WILCOX AVENUE 020 CLARA ST ELIZABETH ST C O - AC/AC 2 830 42 36,775 40 8/13/2024 Poor WILCOX WILCOX AVENUE 025 ELIZABETH ST SANTA ANA ST C O - AC/AC 2 830 42 35,200 51 8/13/2024 Good WILCOX WILCOX AVENUE 030 SANTA ANA ST CECELIA ST C O - AC/AC 2 825 42 34,700 48 8/13/2024 Poor WILCOX WILCOX AVENUE 040 CECELIA ST PATATA ST C O - AC/AC 2 1,005 36 36,180 46 8/13/2024 Poor AC - Asphalt Concrete, AC/AC - Asphalt Concrete Overlay of existing AC, PCC - Portland Cement Concrete, AC/PCC - Asphalt Concrete Overlay of existing PCC, A - Arterial, C - Collector, R - Residential/Local 2 of 2 11/26/2024
Appendix A-2
Sections Listed by PCI
NCE City of Cudahy
2024 Pavement Management Program Update
Streets Network Inventory
Sorted by PCI
Street ID Street Name Section
ID Beg Location End Location Functional Class Surface Type Lanes Length (LF) Width (LF) Area (SF) PCI PCI Date Condition Category FERDAL FERNDALE AVENUE 010 FOSTORIA ST CECELIA ST (S) R A - AC 2 140 28 3,920 96 8/8/2024 Very Good CECELI CECILIA STREET 010 SALT LAKE AVE ATLANTIC AVE R A - AC 2 1,273 32 43,550 94 8/8/2024 Very Good ARDINE ARDINE STREET 010 SALT LAKE AVE ATLANTIC AVE R A - AC 2 655 36 25,405 93 8/8/2024 Very Good PATATA PATATA STREET 010 ATLANTIC AVE WILCOX AVE A A - AC 2 1,230 36 47,902 91 8/8/2024 Very Good HARTLE HARTLE AVENUE 010 OTIS AVE ATLANTIC AVE R A - AC 2 2,062 36 74,232 88 8/8/2024 Very Good SALTLA SALT LAKE AVENUE 032 BEGIN PCC (100' N/ OTIS AVE) END PCC (125' S/ OTIS AVE) A P - PCC 2 245 30 6,300 88 8/13/2024 Very Good FOSTOR FOSTORIA STREET 010 FERNDALE AVE RIVER DR R A - AC 2 1,290 28 36,120 84 8/8/2024 Very Good SALTLA SALT LAKE AVENUE 038 BEGIN PCC (230' N/ SANTA ANA ST) END PCC (125' S/ SANTA ANA ST) A P - PCC 2 430 30 11,300 83 8/13/2024 Very Good ATLANT ATLANTIC AVENUE 030SB SANTA ANA ST CECILIA ST (S) A A - AC 2 930 28 27,190 82 8/14/2024 Very Good LIVEOA LIVE OAK STREET 050 WILCOX AVE CRAFTON AVE R A - AC 2 810 36 29,532 81 8/6/2024 Very Good ATLANT ATLANTIC AVENUE 040 CECILIA ST SALT LAKE AVE A A - AC 4 1,125 70 78,750 77 8/14/2024 Very Good ATLANT ATLANTIC AVENUE 015SB LIVE OAK ST CLARA ST A A - AC 2 875 28 28,095 77 8/14/2024 Very Good CRAFTO CRAFTON AVENUE 020 LIVE OAK ST NORTH CITY LIMITS R A - AC 2 230 36 8,280 77 8/6/2024 Very Good ATLANT ATLANTIC AVENUE 030NB CECILIA ST (S) SANTA ANA ST A A - AC 2 930 28 29,630 75 8/14/2024 Very GoodATLANT ATLANTIC AVENUE 020SB CLARA ST ELIZABETH ST A A - AC 2 885 28 27,455 74 8/14/2024 Very Good ALAMO ALAMO AVENUE 010 SANTA ANA ST CUL-DE-SAC R A - AC 2 395 26 11,855 73 8/8/2024 Very Good RIVER RIVER ROAD 020 CECILIA ST FOSTORIA ST R A - AC 2 330 22 7,260 73 8/6/2024 Very Good CLARAN CLARA STREET NORTH ROAD 010 CLARA ST EAST END (LA RIVER) R A - AC 2 610 22 14,150 72 8/6/2024 Very Good ATLANT ATLANTIC AVENUE 010SB FLORENCE AVE LIVE OAK ST A A - AC 2 840 28 24,615 71 8/14/2024 Very Good FERDAL FERNDALE AVENUE 020 CECELIA ST (S) CECELIA ST (N) R A - AC 2 245 37 9,345 71 8/8/2024 Very Good FLOWE FLOWER STREET 010 BEAR AVE OTIS AVE R P - PCC 2 1,690 26 43,940 71 8/6/2024 Very Good HARTLE HARTLE AVENUE 020 WILCOX AV EAST END R A - AC 2 185 32 5,265 71 8/14/2024 Very Good CLARAS CLARA STREET SOUTH ROAD 010 CLARA ST RIVER RD (LA RIVER) R A - AC 2 605 28 16,940 69 8/6/2024 Good LIVEOA LIVE OAK STREET 060 CRAFTON AVE LIVE OAK LN R A - AC 2 680 36 24,950 68 8/6/2024 Good CECELI CECILIA STREET 040 FERNDALE AVE RIVER RD R A - AC 2 1,115 36 43,410 67 8/8/2024 Good CLARA CLARA STREET 020 OTIS AVE ATLANTIC AVE C A - AC 2 2,270 37 83,990 67 8/6/2024 Good LIVEOA LIVE OAK STREET 070 LIVE OAK LN CUL-DE-SAC R A - AC 2 545 36 20,665 65 8/6/2024 Good CRAFTO CRAFTON AVENUE 010 CECELIA ST CUL-DE-SAC R A - AC 2 205 26 6,345 64 8/8/2024 Good CLARA CLARA STREET 010 SALT LAKE AVE OTIS AVE C A - AC 2 1,280 37 49,850 62 8/6/2024 Good CLARA CLARA STREET 060 LA RIVER BRIDGE E/S 710 FWY OVERPASS C A - AC 2 165 40 6,600 62 8/6/2024 Good SALTLA SALT LAKE AVENUE 010 WALNUT ST LIVE OAK ST A O - AC/AC 2 555 30 16,650 62 8/13/2024 Good WALNUT WALNUT STREET 010 SALT LAKE AVE BEAR AVE R A - AC 2 670 26 18,150 62 8/6/2024 Good CLARA CLARA STREET 030 ATLANTIC AVE WILCOX AVE C A - AC 2 2,530 40 103,185 61 8/6/2024 Good CLARA CLARA STREET 050 RIVER RD LA RIVER BRIDGE W/S C A - AC 2 620 40 24,800 60 8/6/2024 Good LIVEOA LIVE OAK STREET 010 SALT LAKE AVE BEAR AVE A O - AC/AC 2 380 36 14,500 59 8/6/2024 Good WALNUT WALNUT STREET 020 BEAR AVE OTIS AVE R A - AC 2 1,690 26 43,940 59 8/6/2024 Good ATLANT ATLANTIC AVENUE 025SB ELIZABETH ST SANTA ANA ST A A - AC 2 875 28 26,020 58 8/14/2024 Good LIVEOA LIVE OAK STREET 020 BEAR AVE OTIS AVE A O - AC/AC 2 1,725 36 62,100 58 8/6/2024 Good LIVEOL LIVE OAK LANE 010 LIVE OAK ST NORTH END R A - AC 2 356 20 7,120 58 8/6/2024 Good OLIVE OLIVE STREET 010 SALT LAKE AVE OTIS AVE R A - AC 2 720 26 19,930 58 8/14/2024 Good SALTLA SALT LAKE AVENUE 030 OLIVE ST END AC (100' N/ OTIS AVE) A A - AC 2 825 32 26,690 58 8/13/2024 Good LIVEOA LIVE OAK STREET 025 OTIS AVE FLORA AVE A O - AC/AC 2 860 36 30,960 56 8/6/2024 Good OTIS OTIS AVENUE 040 ELIZABETH ST SALT LAKE AVE A A - AC 2 140 36 5,185 55 8/14/2024 Good PARK PARK AVENUE 010 ELIZABETH ST SANTA ANA ST C A - AC 2 825 36 29,700 55 8/8/2024 Good AC - Asphalt Concrete, AC/AC - Asphalt Concrete Overlay of existing AC, PCC - Portland Cement Concrete, AC/PCC - Asphalt Concrete Overlay of existing PCC, A - Arterial, C - Collector, R - Residential/Local 1 of 2 11/26/2024
NCE City of Cudahy
2024 Pavement Management Program Update
Streets Network Inventory
Sorted by PCI
Street ID Street Name Section
ID Beg Location End Location Functional Class Surface Type Lanes Length (LF) Width (LF) Area (SF) PCI PCI Date Condition Category LIVEOA LIVE OAK STREET 030 FLORA AVE ATLANTIC AVE A O - AC/AC 2 1,122 36 40,392 54 8/6/2024 Good OTIS OTIS AVENUE 030 OLIVE ST ELIZABETH ST A A - AC 2 420 34 14,280 54 8/14/2024 Good SANTAN SANTA ANA STREET 020 ATLANTIC AVE WILCOX AVE C A - AC 2 1,955 32 66,675 54 8/8/2024 GoodSANTAN SANTA ANA STREET 030 WILCOX AVE PARK AVE C A - AC 2 1,483 32 48,090 54 8/8/2024 Good ATLANT ATLANTIC AVENUE 015NB CLARA ST LIVE OAK ST A A - AC 2 875 28 25,660 53 8/14/2024 Good CECELI CECILIA STREET 030 WILCOX AVE FERNDALE AVE R A - AC 2 725 32 23,200 53 8/8/2024 Good SALTLA SALT LAKE AVENUE 020 FLOWER ST CLARA ST A O - AC/AC 2 635 32 20,320 53 8/13/2024 Good ATLANT ATLANTIC AVENUE 025NB SANTA ANA ST ELIZABETH ST A A - AC 2 875 28 27,290 51 8/14/2024 Good ELIZAB ELIZABETH STREET 015 OTIS AVE ATLANTIC AVE A A - AC 2 2,530 32 86,775 51 8/8/2024 Good ELIZAB ELIZABETH STREET 030 WILCOX AVE RIVER RD C A - AC 2 2,030 32 64,960 51 8/8/2024 Good SALTLA SALT LAKE AVENUE 015 LIVE OAK ST FLOWER ST A O - AC/AC 2 560 30 16,800 51 8/13/2024 Good SALTLA SALT LAKE AVENUE 025 CLARA ST OLIVE ST A O - AC/AC 2 670 32 21,440 51 8/13/2024 Good WILCOX WILCOX AVENUE 025 ELIZABETH ST SANTA ANA ST C O - AC/AC 2 830 42 35,200 51 8/13/2024 Good LIVEOA LIVE OAK STREET 040 ATLANTIC AVE WILCOX AVE A O - AC/AC 2 2,810 36 103,600 50 8/6/2024 Good ELIZAB ELIZABETH STREET 020 ATLANTIC AVE WILCOX AVE C A - AC 2 2,240 32 74,815 49 8/8/2024 Poor RIVER RIVER ROAD 015 ELIZABETH ST CECILIA ST R A - AC 2 1,505 22 33,110 49 8/6/2024 Poor SANTAN SANTA ANA STREET 010 SALT LAKE AVE ATLANTIC AVE A A - AC 2 1,900 52 101,905 49 8/8/2024 Poor SALTLA SALT LAKE AVENUE 035 BEGIN AC (125' S/ OTIS AVE) END AC (230' N/ SANTA ANA ST) A A - AC 2 790 30 24,800 48 8/13/2024 Poor WILCOX WILCOX AVENUE 030 SANTA ANA ST CECELIA ST C O - AC/AC 2 825 42 34,700 48 8/13/2024 Poor OTIS OTIS AVENUE 010 WALNUT ST LIVE OAK ST A A - AC 2 415 34 14,110 47 8/14/2024 Poor WILCOX WILCOX AVENUE 010 NORTH CITY LIMIT LIVE OAK ST C O - AC/AC 2 405 50 20,250 47 8/13/2024 PoorWILCOX WILCOX AVENUE 015 LIVE OAK ST CLARA ST C O - AC/AC 2 835 42 35,070 46 8/13/2024 Poor WILCOX WILCOX AVENUE 040 CECELIA ST PATATA ST C O - AC/AC 2 1,005 36 36,180 46 8/13/2024 Poor SALTLA SALT LAKE AVENUE 040 BEGIN AC (125' S/ SANTA ANA ST) CECILIA ST A A - AC 2 955 30 30,155 45 8/13/2024 Poor WALKER WALKER AVENUE 010 CLARA ST CUL-DE-SAC R A - AC 2 395 32 12,685 45 8/8/2024 Poor ATLANT ATLANTIC AVENUE 010NB LIVE OAK ST FLORENCE AVE A A - AC 2 840 28 24,950 44 8/14/2024 Poor ELIZAB ELIZABETH STREET 010 SALT LAKE AVE OTIS AVE A A - AC 2 156 26 4,990 44 8/8/2024 Poor ATLANT ATLANTIC AVENUE 020NB ELIZABETH ST CLARA ST A A - AC 2 885 28 27,283 43 8/14/2024 Poor OTIS OTIS AVENUE 020 CLARA ST OLIVE ST A A - AC 2 415 34 14,110 43 8/14/2024 Poor BEAR BEAR AVENUE 020 LIVE OAK ST SALT LAKE AVE R A - AC 2 410 26 11,775 42 8/6/2024 Poor CLARKSON CLARKSON AVENUE 010 LIVE OAK ST NORTH END R A - AC 2 290 18 5,625 41 8/8/2024 Poor CLARA CLARA STREET 040 WILCOX AVE RIVER RD C A - AC 2 1,440 40 57,600 40 8/6/2024 Poor SALTLA SALT LAKE AVENUE 045 CECILIA ST ARDINE ST A A - AC 2 1,125 30 33,750 40 8/13/2024 Poor WILCOX WILCOX AVENUE 020 CLARA ST ELIZABETH ST C O - AC/AC 2 830 42 36,775 40 8/13/2024 Poor CECELI CECILIA STREET 020 ATLANTIC AVE WILCOX AVE R A - AC 2 1,595 36 58,875 39 8/8/2024 Poor BEAR BEAR AVENUE 010 WALNUT ST LIVE OAK ST R A - AC 2 415 26 10,790 37 8/6/2024 Poor RIVER RIVER ROAD 010 CLARA ST SOUTH ELIZABETH ST R A - AC 2 755 22 17,515 36 8/6/2024 Poor SALTLA SALT LAKE AVENUE 050 ARDINE ST ATLANTIC AVE A A - AC 2 1,050 36 37,800 35 8/13/2024 Poor OTIS OTIS AVENUE 015 FLOWER ST CLARA ST A A - AC 2 410 34 13,940 22 8/14/2024 Very Poor FLORA FLORA AVENUE 010 LIVE OAK ST NORTH CITY LIMITS R A - AC 2 180 32 5,760 18 8/8/2024 Very Poor OTIS OTIS AVENUE 012 LIVE OAK ST FLOWER ST A A - AC 2 420 34 14,280 14 8/14/2024 Very Poor AC - Asphalt Concrete, AC/AC - Asphalt Concrete Overlay of existing AC, PCC - Portland Cement Concrete, AC/PCC - Asphalt Concrete Overlay of existing PCC, A - Arterial, C - Collector, R - Residential/Local 2 of 2 11/26/2024
Appendix B
Maintenance and Rehabilitation (M&R) Decision Tree
NCE City of Cudahy
2024 Pavement Management Program Update
Decision Tree
Treatment
Unit Cost
($/SY) Treatment
Unit Cost
($/SY) Treatment
Unit Cost
($/SY) Treatment Unit Cost ($/SY)
Crack Seal $ 1.30 Crack Seal $ 1.30 Crack Seal $ 1.30 Crack Seal $ 1.30 Slurry Seal + Crack Seal $ 5.90 Slurry Seal + Crack Seal $ 5.90 Slurry Seal + Crack Seal $ 5.90 Slurry Seal + Crack Seal $ 5.90 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 II (Good) 50-69 (Non-Load)3 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 2" Mill and AC Overlay $ 31.00 II (Good) 50-69 (Load)4 2" Mill and AC Overlay + BR $ 34.00 2" Mill and AC Overlay + BR $ 34.00 2" Mill and AC Overlay + BR $ 34.00 2" Mill and AC Overlay + BR $ 34.00 IV (Poor) 25-49 3" Mill and AC Overlay + BR $ 52.00 3" Mill and AC Overlay + BR $ 52.00 3" Mill and AC Overlay + BR $ 52.00 3" Mill and AC Overlay + BR $ 52.00 V (Very Poor) 0-24 Surface Reconstruction $ 77.00 Surface Reconstruction $ 77.00 Surface Reconstruction $ 77.00 Surface Reconstruction $ 77.00 1 The 3 rows for Category I represent the Cracking Treatment, Surface Treatment, and Restoration Treatment. Restoration Treatment is applied after a predetermined number of consecutive Surface Treatments to prevent excessive use of Surface Treatment, which could potentially lead to Cross-slope issues. 2 The PCI Cap represents the maximum PCI value that will be included in budget needs and scenario calculations. If a section has a PCI value greater than the PCI Cap, it will not be assigned a treatment until the PCI value is less than the PCI Cap value.3 Non-load related pavement distress refers to the deterioration or damage in pavement that is not caused by traffic loads or vehicle weight. Instead, this type of distress typically results from environmental factors, material properties, construction practices, or other non-traffic-related causes. Examples of non-load related distress include longitudinal/transverse cracks, bleeding, block cracking, and weathering.
Other
City of Cudahy - Decision Tree 2024 (AC or AC/AC)
Collectors Residentials
I (Very Good)1
PCI Range
Arterials
70-100
PCI Cap:902
Condition Category
4 Load-related pavement distress refers to damage or deterioration in pavement that occurs primarily due to the stresses and strains imposed by traffic loads, particularly heavy vehicles. The weight and movement of vehicles, especially trucks and buses, can exert significant forces on the pavement surface, subbase, and subgrade, leading to various forms of structural and surface distress. Some examples include alligator cracking, rutting, and potholes. 1 of 1 11/26/2024
Appendix C
Budget Needs
Appendix C-1
Projected PCI Cost Summary
Year PCI Treated PCI Untreated PM Cost Rehab Cost Cost
2025 96 57 $81,329 $10,572,079 $10,653,408
2026 90 54 $21,157 $214,885 $236,042
2027 89 52 $168,809 $324,001 $492,811
2028 87 49 $0 $0 $0
2029 85 45 $20,770 $0 $20,770
Total Cost
$11,403,030
PM Total Cost
$292,065
% PM
2.56% $11,110,966
Rehab Total Cost
Needs - Projected PCI/Cost
Summary
Printed: 11/26/2024
CITY OF CUDAHY
Interest: 4.50% Inflation: 4.50%
Criteria: 1 MTC StreetSaver
Appendix C-2
Preventive Maintenance Treatment Cost Summary
Treatment Year Area Treated Cost
Slurry Seal + Crack Seal 2025 13,181.33 sq. yd. $81,329 2026 3,281.33 sq. yd. $21,157
2027 25,054.11 sq. yd. $168,809
2029 2,822.78 sq. yd. $20,770
Total 44,339.56 $292,065
CITY OF CUDAHY Needs - Preventive Maintenance
Treatment/Cost Summary
Printed:
11/26/2024
Interest: 4.50% Inflation: 4.50%
Criteria: 1 MTC StreetSaver
Total Quantity 44,339.56 $292,065
Appendix C-3
Rehabilitation Treatment Cost Summary
Treatment Year Area Treated Cost
2" Mill and AC Overlay 2025 8,800.56 sq.yd. $285,138
2026 1,623.33 sq.yd. $54,963
2027 1,317.22 sq.yd. $46,605
Total 11,741.11 sq.yd. $386,706
2" Mill and AC Overlay + R&R 2025 97,365.78 sq.yd. $3,459,406 2026 4,307.22 sq.yd. $159,922
2027 7,149.44 sq.yd. $277,396
Total 108,822.44 sq.yd. $3,896,724
3" Mill and AC Overlay + R&R 2025 120,053.67 sq.yd. $6,523,716 Total 120,053.67 sq.yd. $6,523,716
Surface Reconstruction 2025 3,775.56 sq.yd. $303,819
Total 3,775.56 sq.yd. $303,819
Needs - Rehabilitation
Treatment/Cost Summary
Printed: 11/26/2024
CITY OF CUDAHY
Interest: 4.50% Inflation: 4.50%
Criteria: 1 MTC StreetSaver
Total Cost $11,110,966
Appendix D
Scenario Results
Appendix D-1
Scenario 1
CITY OF CUDAHY Scenarios - Cost Summary
Interest: 4.50% Inflation: 4.50% Printed: 11/26/2024
Scenario: S1 City's Existing Budget
2025 $2,201,000
$0
$0
$0
$0
$0
$0 $0 $6,121,032 $934
$23,139
0%
$0
$2,200,066
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2026 $2,019,880
$0
$0
$0
$0
$0
$0 $0 $6,511,166 $0
$354
0%
$0
$2,019,880
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2027 $2,000,000
$0
$0
$0
$0
$0
$26,554 $0 $7,373,499 $769
$0
5%
$0
$1,970,958
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2028 $2,000,000
$1,897,889
$87,094
$488,260
$1,322,535
$0
$88,837 $11,163 $6,979,118 $0
$0
5%
$0
$0
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2029 $2,000,000
$1,865,254
$179,837
$100,794
$1,432,364
$152,260
$117,061 $0 $5,648,746 $0
$0
5%
$0
$0
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
Functional Class Rehabilitation Prev. Maint. Stop Gap
Summary
Stop Gap
Funded Unmet
Arterial $5,619,264 $57,831 $1,401 $8,499
Collector $3,073,833 $0 $0 $9,496
Residential/Local $1,260,952 $174,622 $302 $5,498
Grand Total: $9,954,049 $232,453 $1,703 $23,494
Year PM Budget Rehabilitation Surplus PM Deferred Stop Gap Preventative
Maintenance
Criteria:
Scenarios Criteria:
1 MTC StreetSaver
Year Budget PM Year Budget PM Year Budget PM
2025 $2,201,000 0%
2026 $2,019,880 0%
2027 $2,000,000 5%
2028 $2,000,000 5%
2029 $2,000,000 5%
Projected Network Average PCI by Year
With Selected Treatment Treated Centerline
Miles
Treated Lane
Miles
Year Never Treated
2025 59 63 1.01 2.02
2026 56 65 1.41 2.81
2027 53 69 2.00 4.01
2028 50 71 2.20 4.83
2029 47 73 2.20 4.40
Percent Network Area by Functional Class and Condition Category Condition
Condition in base year 2025, prior to applying treatments.
Arterial Collector Res/Loc Other Total
I 12.5% 0.0% 11.7% 0.0% 24.3%
II / III 9.7% 16.8% 8.4% 0.0% 34.9%
IV 20.4% 13.5% 5.6% 0.0% 39.5%
V 1.1% 0.0% 0.2% 0.0% 1.3%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Condition
Condition in year 2025 after schedulable treatments applied.
Arterial Collector Res/Loc Other Total
I 16.4% 4.3% 11.7% 0.0% 32.4%
II / III 9.7% 12.5% 8.4% 0.0% 30.6%
IV 16.5% 13.5% 5.6% 0.0% 35.7%
V 1.1% 0.0% 0.2% 0.0% 1.3%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Condition
Condition in year 2029 after schedulable treatments applied.
Arterial Collector Res/Loc Other Total
I 36.5% 17.3% 15.5% 0.0% 69.3%
II / III 0.6% 3.2% 5.8% 0.0% 9.6%
IV 3.3% 7.7% 3.4% 0.0% 14.4%
V 3.2% 2.2% 1.3% 0.0% 6.6%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Scenarios - Network Condition Summary
Printed: 11/26/2024
CITY OF CUDAHY
Scenario: S1 City's Existing Budget
Interest: 4.50% Inflation: 4.50%
1 MTC StreetSaver
Scenarios Criteria:
Appendix D-2
Scenario 2
CITY OF CUDAHY Scenarios - Cost Summary
Interest: 4.50% Inflation: 4.50% Printed: 11/26/2024
Scenario: S2 Increase the PCI to 80
2025 $2,500,000
$260,455
$59,940
$0
$200,515
$0
$5,676 $0 $5,854,901 $23,095
$0
5%
$0
$2,200,066
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2026 $2,500,000
$423,780
$35,156
$26,176
$362,448
$0
$47,033 $0 $5,762,246 $214
$0
5%
$0
$2,019,880
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2027 $2,500,000
$489,824
$0
$489,824
$0
$0
$35,862 $0 $6,091,747 $302
$0
5%
$0
$1,970,958
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2028 $2,500,000
$2,327,741
$220,795
$451,228
$1,510,015
$145,703
$113,416 $11,584 $5,185,255 $0
$0
5%
$0
$0
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
2029 $2,500,000
$2,360,097
$0
$0
$1,448,565
$911,532
$20,770 $104,230 $3,375,608 $0
$0
5%
$0
$0
II
III
IV
V
NonProject
Project
Funded
Unmet
Project
Total
Functional Class Rehabilitation Prev. Maint. Stop Gap
Summary
Stop Gap
Funded Unmet
Arterial $6,953,362 $57,134 $8,455 $0
Collector $3,632,867 $0 $9,496 $0
Residential/Local $1,466,571 $165,624 $5,659 $0
Grand Total: $12,052,800 $222,758 $23,610 $0
Year PM Budget Rehabilitation Surplus PM Deferred Stop Gap Preventative
Maintenance
Criteria:
Scenarios Criteria:
1 MTC StreetSaver
Year Budget PM Year Budget PM Year Budget PM
2025 $2,500,000 5%
2026 $2,500,000 5%
2027 $2,500,000 5%
2028 $2,500,000 5%
2029 $2,500,000 5%
Projected Network Average PCI by Year
With Selected Treatment Treated Centerline
Miles
Treated Lane
Miles
Year Never Treated
2025 59 64 1.35 2.69
2026 56 68 2.24 4.47
2027 53 73 2.62 5.25
2028 50 76 2.76 5.96
2029 47 80 1.64 3.28
Percent Network Area by Functional Class and Condition Category Condition
Condition in base year 2025, prior to applying treatments.
Arterial Collector Res/Loc Other Total
I 12.5% 0.0% 11.7% 0.0% 24.3%
II / III 9.7% 16.8% 8.4% 0.0% 34.9%
IV 20.4% 13.5% 5.6% 0.0% 39.5%
V 1.1% 0.0% 0.2% 0.0% 1.3%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Condition
Condition in year 2025 after schedulable treatments applied.
Arterial Collector Res/Loc Other Total
I 18.2% 4.3% 11.7% 0.0% 34.3%
II / III 9.0% 12.5% 8.4% 0.0% 30.0%
IV 15.3% 13.5% 5.6% 0.0% 34.5%
V 1.1% 0.0% 0.2% 0.0% 1.3%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Condition
Condition in year 2029 after schedulable treatments applied.
Arterial Collector Res/Loc Other Total
I 42.7% 21.6% 16.8% 0.0% 81.0%
II / III 0.0% 0.0% 5.6% 0.0% 5.6%
IV 0.9% 6.6% 2.4% 0.0% 9.9%
V 0.0% 2.2% 1.3% 0.0% 3.4%
Total 43.6% 30.3% 26.0% 0.0% 100.0%
Scenarios - Network Condition Summary
Printed: 11/26/2024
CITY OF CUDAHY
Scenario: S2 Increase the PCI to 80
Interest: 4.50% Inflation: 4.50%
1 MTC StreetSaver
Scenarios Criteria:
Appendix E
Scenario 1 – Sections Selected for Treatment
Appendix E
Scenario 1 – Sections Selected for Treatment
Year Budget PM Year Budget PM Year Budget PM
2025 $2,201,000 0%
2026 $2,019,880 0%
2027 $2,000,000 5%
2028 $2,000,000 5%
2029 $2,000,000 5%
Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2025
**SANTA ANA STREET SALT LAKE AVE ATLANTIC AVE SANTAN 010 A AC $1,500,000 4,455 2" Mill and AC Overlay + R&R
1,900 52 101,905 48 48 100
**SANTA ANA STREET ATLANTIC AVE WILCOX AVE SANTAN 020 C AC $406,718 7,566 2" Mill and AC Overlay + R&R
1,955 32 66,675 53 53 100
**SANTA ANA STREET WILCOX AVE PARK AVE SANTAN 030 C AC $293,349 7,582 2" Mill and AC Overlay + R&R
1,483 32 48,090 53 53 100
Treatment Total $2,200,066
Year 2025 Area Total 216,670 Year 2025 Total $2,200,066 Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2026
**ATLANTIC AVENUE FLORENCE AVE LIVE OAK ST ATLANT 010SB A AC $101,547 12,286 2" Mill and AC Overlay + R&R
840 28 24,615 70 68 100
**CECILIA STREET ATLANTIC AVE WILCOX AVE CECELI 020 R AC $570,126 4,289 2" Mill and AC Overlay + R&R
1,595 36 58,875 38 35 100
**CECILIA STREET WILCOX AVE FERNDALE AVE CECELI 030 R AC $224,661 3,939 2" Mill and AC Overlay + R&R
725 32 23,200 52 50 100
**WILCOX AVENUE NORTH CITY LIMIT LIVE OAK ST WILCOX 010 C AC/AC $130,730 7,469 2" Mill and AC Overlay + R&R
405 50 20,250 46 43 100
**WILCOX AVENUE LIVE OAK ST CLARA ST WILCOX 015 C AC/AC $226,404 7,509 2" Mill and AC Overlay + R&R
835 42 35,070 45 42 100
**WILCOX AVENUE CLARA ST ELIZABETH ST WILCOX 020 C AC/AC $237,411 7,687 2" Mill and AC Overlay + R&R
830 42 36,775 39 36 100
**WILCOX AVENUE ELIZABETH ST SANTA ANA ST WILCOX 025 C AC/AC $227,243 7,247 2" Mill and AC Overlay + R&R
830 42 35,200 50 47 100
**WILCOX AVENUE SANTA ANA ST CECELIA ST WILCOX 030 C AC/AC $224,015 7,431 2" Mill and AC Overlay + R&R
825 42 34,700 47 44 100
Treatment Total $1,942,138
**LIVE OAK STREET LIVE OAK LN CUL-DE-SAC LIVEOA 070 545 36 20,665 R AC 64 63 100 $77,742 8,582 2" Mill and AC Overlay Treatment Total $77,742
Year 2026 Area Total 289,350 Year 2026 Total $2,019,880 Interest: 4.50%
CITY OF CUDAHY Scenarios - Sections Selected for Treatment Inflation: 4.50% Printed: 11/26/2024
Scenario: S1 City's Existing Budget
Scenarios Criteria:
** - Treatment from Project Selection 1 MTC StreetSaver
Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2027
**ELIZABETH STREET OTIS AVE ATLANTIC AVE ELIZAB 015 A AC $572,143 10,193 3" Mill and AC Overlay + R&R
2,530 32 86,775 50 44 100
**LIVE OAK STREET ATLANTIC AVE WILCOX AVE LIVEOA 040 A AC/AC $683,077 10,245 3" Mill and AC Overlay + R&R
2,810 36 103,600 49 43 100
**OTIS AVENUE OLIVE ST ELIZABETH ST OTIS 030 A AC $94,154 10,031 3" Mill and AC Overlay + R&R
420 34 14,280 53 47 100
Treatment Total $1,349,373
**SALT LAKE AVENUE LIVE OAK ST FLOWER ST SALTLA 015 A AC/AC $91,730 12,314 2" Mill and AC Overlay + R&R
560 30 16,800 50 44 100
**SALT LAKE AVENUE FLOWER ST CLARA ST SALTLA 020 A AC/AC $110,950 12,144 2" Mill and AC Overlay + R&R
635 32 20,320 52 46 100
**SALT LAKE AVENUE CLARA ST OLIVE ST SALTLA 025 A AC/AC $117,065 12,307 2" Mill and AC Overlay + R&R
670 32 21,440 50 44 100
**SALT LAKE AVENUE OLIVE ST END AC (100' N/
OTIS AVE)
SALTLA 030 A AC $145,731 11,721 2" Mill and AC Overlay + R&R
825 32 26,690 57 51 100
**SALT LAKE AVENUE BEGIN AC (125' S/
OTIS AVE)
END AC (230' N/
SANTA ANA ST)
SALTLA 035 A AC $135,411 12,535 2" Mill and AC Overlay + R&R
790 30 24,800 47 40 100
Treatment Total $600,887
**HARTLE AVENUE WILCOX AV EAST END HARTLE 020 185 32 5,265 R AC 71 67 100 $20,698 7,332 2" Mill and AC Overlay Treatment Total $20,698
ATLANTIC AVENUE SANTA ANA ST CECILIA ST (S) ATLANT 030SB 930 28 27,190 A AC 81 77 85 $20,356 19,929 Slurry Seal + Crack Seal
CRAFTON AVENUE LIVE OAK ST NORTH CITY
LIMITS
CRAFTO 020 230 36 8,280 R AC 76 73 82 $6,199 12,945 Slurry Seal + Crack Seal Treatment Total $26,554
Year 2027 Area Total 355,440 Year 2027 Total $1,997,513 Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2028
ATLANTIC AVENUE SANTA ANA ST ELIZABETH ST ATLANT 025NB A AC $188,031 9,934 3" Mill and AC Overlay + R&R
875 28 27,290 50 40 100
ATLANTIC AVENUE ELIZABETH ST SANTA ANA ST ATLANT 025SB A AC $179,281 9,507 3" Mill and AC Overlay + R&R
875 28 26,020 57 48 100
LIVE OAK STREET BEAR AVE OTIS AVE LIVEOA 020 A AC/AC $427,876 9,398 3" Mill and AC Overlay + R&R
1,725 36 62,100 57 49 100
LIVE OAK STREET OTIS AVE FLORA AVE LIVEOA 025 A AC/AC $213,318 9,602 3" Mill and AC Overlay + R&R
860 36 30,960 55 47 100
LIVE OAK STREET FLORA AVE ATLANTIC AVE LIVEOA 030 A AC/AC $278,305 9,740 3" Mill and AC Overlay + R&R
1,122 36 40,392 53 44 100
Interest: 4.50%
CITY OF CUDAHY Scenarios - Sections Selected for Treatment Inflation: 4.50% Printed: 11/26/2024
Scenario: S1 City's Existing Budget
Scenarios Criteria:
** - Treatment from Project Selection 2 MTC StreetSaver
Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2028
OTIS AVENUE ELIZABETH ST SALT LAKE AVE OTIS 040 A AC $35,725 9,715 3" Mill and AC Overlay + R&R
140 36 5,185 54 45 100
Treatment Total $1,322,535
ATLANTIC AVENUE CECILIA ST (S) SANTA ANA ST ATLANT 030NB A AC $133,485 11,365 2" Mill and AC Overlay + R&R
930 28 29,630 74 67 100
ATLANTIC AVENUE CECILIA ST SALT LAKE AVE ATLANT 040 A AC $354,774 10,823 2" Mill and AC Overlay + R&R
1,125 70 78,750 76 69 100
Treatment Total $488,260
ALAMO AVENUE SANTA ANA ST CUL-DE-SAC ALAMO 010 395 26 11,855 R AC 72 67 100 $48,703 7,564 2" Mill and AC Overlay FERNDALE AVENUE CECELIA ST (S) CECELIA ST (N) FERDAL 020 245 37 9,345 R AC 70 65 100 $38,391 7,617 2" Mill and AC Overlay Treatment Total $87,094
FOSTORIA STREET FERNDALE AVE RIVER DR FOSTOR 010 1,290 28 36,120 R AC 84 79 87 $28,258 13,420 Slurry Seal + Crack Seal LIVE OAK STREET WILCOX AVE CRAFTON AVE LIVEOA 050 810 36 29,532 R AC 81 77 85 $23,104 16,746 Slurry Seal + Crack Seal PATATA STREET ATLANTIC AVE WILCOX AVE PATATA 010 1,230 36 47,902 A AC 91 87 93 $37,475 23,363 Slurry Seal + Crack Seal Treatment Total $88,837
Year 2028 Area Total 435,081 Year 2028 Total $1,986,726 Area ID
Year:
Street Name Begin Location End Location Street ID Section ID FC Surface
Type Cost Rating Treatment
Current
Length Width Area PCI
PCI
Before
PCI
After
Treatment
2029
OTIS AVENUE LIVE OAK ST FLOWER ST OTIS 012 420 34 14,280 A AC 13 0 100 $152,260 5,962 Surface Reconstruction Treatment Total $152,260
CLARA STREET SALT LAKE AVE OTIS AVE CLARA 010 C AC $358,928 6,701 3" Mill and AC Overlay + R&R
1,280 37 49,850 61 46 100
CLARA STREET ATLANTIC AVE WILCOX AVE CLARA 030 C AC $742,949 6,727 3" Mill and AC Overlay + R&R
2,530 40 103,185 60 45 100
CLARA STREET RIVER RD LA RIVER
BRIDGE W/S
CLARA 050 C AC $178,564 6,763 3" Mill and AC Overlay +
R&R
620 40 24,800 59 44 100
CLARA STREET LA RIVER BRIDGE
E/S
710 FWY
OVERPASS
CLARA 060 C AC $47,521 6,686 3" Mill and AC Overlay +
R&R
165 40 6,600 61 46 100
LIVE OAK STREET SALT LAKE AVE BEAR AVE LIVEOA 010 A AC/AC $104,402 9,103 3" Mill and AC Overlay + R&R
380 36 14,500 58 48 100
Treatment Total $1,432,364
CLARA STREET NORTH
ROAD
CLARA ST EAST END (LA
RIVER)
CLARAN 010 R AC $66,615 6,440 2" Mill and AC Overlay +
R&R
610 22 14,150 72 65 100
RIVER ROAD CECILIA ST FOSTORIA ST RIVER 020 R AC $34,179 6,701 2" Mill and AC Overlay + R&R
330 22 7,260 72 65 100
Interest: 4.50%
CITY OF CUDAHY Scenarios - Sections Selected for Treatment Inflation: 4.50% Printed: 11/26/2024
Scenario: S1 City's Existing Budget
Scenarios Criteria:
** - Treatment from Project Selection 3 MTC StreetSaver
Treatment Total $100,794
CLARA STREET SOUTH
ROAD
CLARA ST RIVER RD (LA
RIVER)
CLARAS 010 605 28 16,940 R AC 69 63 100 $72,725 7,380 2" Mill and AC Overlay LIVE OAK STREET CRAFTON AVE LIVE OAK LN LIVEOA 060 680 36 24,950 R AC 68 61 100 $107,112 7,761 2" Mill and AC Overlay Treatment Total $179,837
ARDINE STREET SALT LAKE AVE ATLANTIC AVE ARDINE 010 655 36 25,405 R AC 93 89 95 $20,770 12,837 Slurry Seal + Crack Seal CECILIA STREET SALT LAKE AVE ATLANTIC AVE CECELI 010 1,273 32 43,550 R AC 93 85 92 $35,604 8,861 Slurry Seal + Crack Seal HARTLE AVENUE OTIS AVE ATLANTIC AVE HARTLE 010 2,062 36 74,232 R AC 88 82 89 $60,687 12,167 Slurry Seal + Crack Seal Treatment Total $117,061
Year 2029 Area Total 419,702 Year 2029 Total $1,982,315 Grand Total Section Area: 1,716,243 Grand Total $10,186,500 Interest: 4.50%
CITY OF CUDAHY Scenarios - Sections Selected for Treatment Inflation: 4.50% Printed: 11/26/2024
Scenario: S1 City's Existing Budget
Scenarios Criteria:
** - Treatment from Project Selection 4 MTC StreetSaver
Appendix F
GIS Maps
Document Path: P:\Active Projects\Cudahy - 548\548.05.30 - 2024 PMP Services\GIS\Figures\DRAFT PCI Map\DRAFT PCI Map\DRAFT PCI Map.aprx FIGURE
SOURCE JOB NUMBER DRAWN DATE REVISED APPROVED
Treatment
Bing Maps Hybrid 548.05.30 11/26/2024 MSamara -
Inspected PCI Map 1
City of Cudahy, CA
0 500 1,000
ft.
1 in. = 960 ft.
¯
Otis Ave
Sal
Elizabeth St
t Lake Ave
River Rd
Wilcox Ave
Live Oak St
Clara St
S Atlantic Ave
Cecelia St
Patata St
Fostoria St
Santa Ana St
Walnut St
Flower St
Hartle Ave
PCI Ranges
91 - 100 (Very Good)
71 - 90 (Good)
51 - 70 (Fair)
26 - 50 (Poor)
0 - 25 (Very Poor) SRusso
Document Path: P:\Active Projects\Cudahy - 548\548.05.30 - 2024 PMP Services\GIS\Figures\DRAFT PCI Map\DRAFT PCI Map\DRAFT PCI Map.aprx FIGURE
SOURCE JOB NUMBER DRAWN DATE REVISED APPROVED
Treatment
Bing Maps Hybrid 548.05.30 MSamara 11/26/2024 - -
Scenario 1: City’s Anticipated Budget (Average of $2.0M/year) 2 City of Cudahy, CA
0 750 1,500
ft.
1 in. = 1,500 ft.
¯
Otis Ave
Elizabeth St
Salt Lake Ave
River Rd
Wilcox Ave
Live Oak St
Clara St
S Atlantic Ave
Cecelia St
Patata St
Fostoria St
Santa Ana St
Walnut St
Flower St
Hartle Ave
Slurry Seal + Crack Seal
2" Mill and AC Overlay
2" Mill and AC Overlay + R&R
3" Mill and AC Overlay + R&R
Surface Reconstruction
Do Nothing
Street ID Section ID Road Name Beg Location End Location Project Period Treatment SANTAN 010 SANTA ANA STREET SALT LAKE AVE ATLANTIC AVE 2025 2" Mill and AC Overlay + R&R SANTAN 020 SANTA ANA STREET ATLANTIC AVE WILCOX AVE 2025 2" Mill and AC Overlay + R&R SANTAN 030 SANTA ANA STREET WILCOX AVE PARK AVE 2025 2" Mill and AC Overlay + R&R ATLANT 010SB ATLANTIC AVENUE FLORENCE AVE LIVE OAK ST 2026 2" Mill and AC Overlay + R&R CECELI 020 CECILIA STREET ATLANTIC AVE WILCOX AVE 2026 2" Mill and AC Overlay + R&R CECELI 030 CECILIA STREET WILCOX AVE FERNDALE AVE 2026 2" Mill and AC Overlay + R&R WILCOX 010 WILCOX AVENUE NORTH CITY LIMIT LIVE OAK ST 2026 2" Mill and AC Overlay + R&R WILCOX 015 WILCOX AVENUE LIVE OAK ST CLARA ST 2026 2" Mill and AC Overlay + R&R WILCOX 020 WILCOX AVENUE CLARA ST ELIZABETH ST 2026 2" Mill and AC Overlay + R&R WILCOX 025 WILCOX AVENUE ELIZABETH ST SANTA ANA ST 2026 2" Mill and AC Overlay + R&R WILCOX 030 WILCOX AVENUE SANTA ANA ST CECELIA ST 2026 2" Mill and AC Overlay + R&R LIVEOA 070 LIVE OAK STREET LIVE OAK LN CUL-DE-SAC 2026 2" Mill and AC Overlay ELIZAB 015 ELIZABETH STREET OTIS AVE ATLANTIC AVE 2027 3" Mill and AC Overlay + R&R LIVEOA 040 LIVE OAK STREET ATLANTIC AVE WILCOX AVE 2027 3" Mill and AC Overlay + R&R OTIS 030 OTIS AVENUE OLIVE ST ELIZABETH ST 2027 3" Mill and AC Overlay + R&R SALTLA 015 SALT LAKE AVENUE LIVE OAK ST FLOWER ST 2027 2" Mill and AC Overlay + R&R SALTLA 020 SALT LAKE AVENUE FLOWER ST CLARA ST 2027 2" Mill and AC Overlay + R&R SALTLA 025 SALT LAKE AVENUE CLARA ST OLIVE ST 2027 2" Mill and AC Overlay + R&R SALTLA 030 SALT LAKE AVENUE OLIVE ST END AC (100' N/ OTIS AVE) 2027 2" Mill and AC Overlay + R&R SALTLA 035 SALT LAKE AVENUE BEGIN AC (125' S/ OTIS AVE) END AC (230' N/ SANTA ANA ST) 2027 2" Mill and AC Overlay + R&R HARTLE 020 HARTLE AVENUE WILCOX AV EAST END 2027 2" Mill and AC Overlay ATLANT 030SB ATLANTIC AVENUE SANTA ANA ST CECILIA ST (S) 2027 Slurry Seal + Crack Seal CRAFTO 020 CRAFTON AVENUE LIVE OAK ST NORTH CITY LIMITS 2027 Slurry Seal + Crack Seal ATLANT 025NB ATLANTIC AVENUE SANTA ANA ST ELIZABETH ST 2028 3" Mill and AC Overlay + R&R ATLANT 025SB ATLANTIC AVENUE ELIZABETH ST SANTA ANA ST 2028 3" Mill and AC Overlay + R&R LIVEOA 020 LIVE OAK STREET BEAR AVE OTIS AVE 2028 3" Mill and AC Overlay + R&R LIVEOA 025 LIVE OAK STREET OTIS AVE FLORA AVE 2028 3" Mill and AC Overlay + R&R LIVEOA 030 LIVE OAK STREET FLORA AVE ATLANTIC AVE 2028 3" Mill and AC Overlay + R&R OTIS 040 OTIS AVENUE ELIZABETH ST SALT LAKE AVE 2028 3" Mill and AC Overlay + R&R ATLANT 030NB ATLANTIC AVENUE CECILIA ST (S) SANTA ANA ST 2028 2" Mill and AC Overlay + R&R ATLANT 040 ATLANTIC AVENUE CECILIA ST SALT LAKE AVE 2028 2" Mill and AC Overlay + R&R ALAMO 010 ALAMO AVENUE SANTA ANA ST CUL-DE-SAC 2028 2" Mill and AC Overlay FERDAL 020 FERNDALE AVENUE CECELIA ST (S) CECELIA ST (N) 2028 2" Mill and AC Overlay FOSTOR 010 FOSTORIA STREET FERNDALE AVE RIVER DR 2028 Slurry Seal + Crack Seal LIVEOA 050 LIVE OAK STREET WILCOX AVE CRAFTON AVE 2028 Slurry Seal + Crack Seal PATATA 010 PATATA STREET ATLANTIC AVE WILCOX AVE 2028 Slurry Seal + Crack Seal OTIS 012 OTIS AVENUE LIVE OAK ST FLOWER ST 2029 Surface Reconstruction CLARA 010 CLARA STREET SALT LAKE AVE OTIS AVE 2029 3" Mill and AC Overlay + R&R CLARA 030 CLARA STREET ATLANTIC AVE WILCOX AVE 2029 3" Mill and AC Overlay + R&R CLARA 050 CLARA STREET RIVER RD LA RIVER BRIDGE W/S 2029 3" Mill and AC Overlay + R&R CLARA 060 CLARA STREET LA RIVER BRIDGE E/S 710 FWY OVERPASS 2029 3" Mill and AC Overlay + R&R LIVEOA 010 LIVE OAK STREET SALT LAKE AVE BEAR AVE 2029 3" Mill and AC Overlay + R&R CLARAN 010 CLARA STREET NORTH ROAD CLARA ST EAST END (LA RIVER) 2029 2" Mill and AC Overlay + R&R RIVER 020 RIVER ROAD CECILIA ST FOSTORIA ST 2029 2" Mill and AC Overlay + R&R CLARAS 010 CLARA STREET SOUTH ROAD CLARA ST RIVER RD (LA RIVER) 2029 2" Mill and AC Overlay LIVEOA 060 LIVE OAK STREET CRAFTON AVE LIVE OAK LN 2029 2" Mill and AC Overlay ARDINE 010 ARDINE STREET SALT LAKE AVE ATLANTIC AVE 2029 Slurry Seal + Crack Seal CECELI 010 CECILIA STREET SALT LAKE AVE ATLANTIC AVE 2029 Slurry Seal + Crack Seal HARTLE 010 HARTLE AVENUE OTIS AVE ATLANTIC AVE 2029 Slurry Seal + Crack Seal
Appendix G
Quality Control Plan (QCP)
Appendix H
Work Plan Development
2300 E. Katella Avenue, Suite 125,
Anaheim, CA 92806
(657) 275-3018
MEMORANDUM
Date: 02/18/2025 Project Number: 548.05.30
To: Ted Semaan
From: Mahmoud Samara, Timin Punnackal, and Vivek Jha
Subject: Multi Year Work Plan
Background
Nichols Consulting Engineers, Chtd. (NCE) was retained by the City of Cudahy to update its 2024 Pavement Management Plan (PMP) and develop a multi-year work plan. The 2024 PMP report developed by NCE was accepted by the City in June 2024. As part of the 2024 PMP report, multiple budget scenarios were performed and for the preferred budget scenario (City’s anticipated budget), streets and sections were selected based on a combination of cost-benefit analysis using PMP software, engineering judgment, City input, and NCE's past experience in developing street lists using only PCI. As part of this task, NCE further refined those street and corresponding treatments based on site visits with City staff to understand the City's past approach to addressing streets based on different distresses and site constraints, as well as other considerations such as treatment costs and past performance of certain treatments. This information was then used to develop comprehensive and cost-effective pavement recommendation for streets for years 2025, 2026, 2027, 2028, and 2029.
The primary objective of the work plan was to align the proposed street list in the PMP for fiscal years with the City's previous approach to addressing streets, ensuring that the final treatment proposed during Plan, Specification, and Estimate (PS&E) were consistent with the PMP recommendations.
Technical Approach and Investigation
As part of this task, NCE performed field investigation including condition surveys and base repair identification.
Pavement Condition Survey
NCE conducted an evaluation of the pavement condition for selected sections to identify the prevailing issues and underlying causes of failure. The visual survey indicated a variety of pavement conditions across the city.
Certain sections demonstrated common environmental-related distresses, such as weathering or raveling, along with longitudinal and transverse cracking, and block cracking. Conversely, other streets primarily exhibited loadrelated distresses, including significant asphalt fatigue/alligator cracking, pumping, depressions, and rutting.
These load-related distresses suggested pavements with inadequately designed asphalt concrete surfaces and subgrades characterized by low strength, high moisture content, and excessive plasticity.
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Base Repairs
For hot mix asphalt (HMA) overlays, it is advised that areas with severe structural distress undergo base repairs before the overlay is applied. NCE estimated the approximate quantity for base repairs. It is recommended that base repairs extend at least 2” below the existing AC pavement.
Performing base repairs before overlaying or surface treatment (e.g., slurry seal and cape seal) is crucial to ensure the longevity and structural integrity of the road surface. The base layer serves as the foundation, supporting the upper layers of pavement. If the base is damaged or compromised, it can cause uneven settling and cracking in the new overlay. Addressing base issues first provides a stable and durable foundation for the new overlay or surface treatment. Repairing the base minimizes the recurrence of existing problems or the emergence of new issues. Additionally, although base repairs increase the initial project cost, they can save money in the long term. Neglecting base repairs before rehabilitation may result in premature cracking, potholes, and other surface distresses requiring more frequent and costly repairs.
Please note that marking base repairs was not part of NCE’s scope of work. NCE evaluated each street included in the multi-year plan to determine an approximate percentage of base repairs for making appropriate treatment recommendations. The estimated minimum percentage for base repair ranges between 1.5% and 3%, depending on the condition of the street.
Figure 1. Examples of Locations for Base Repair
Construction Cost
For the cost calculation, NCE utilized the PMP unit costs, which were reviewed and approved by the City, to formulate the multi-year plan.
The unit costs from the PMP were developed based on bid data provided by the City. Detailed information, including two recent bids and an engineering cost estimate, is included in Appendix A of this document.
These unit costs serve as the foundation for cost projections and planning within the multi-year framework. NCE has consistently and reasonably relied on actual bids from agencies to develop costs for PMP analysis, as they represent the most reliable source for estimates, accounting for the regional variations that agencies experience in asphalt prices.
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Proposed Treatment Recommendations
Developing treatment recommendations based on the existing distress and overall site condition was the primary goal of this task. As part of this task, the NCE team met with the City staff multiple times in the field for site walks to understand the City’s approach to addressing the streets. With this understanding and utilizing its pavement expertise, the NCE team visited each street to holistically determine cost-effective treatment in line with the City’s past rehabilitation practices. The description of the different treatments considered is noted below. The treatment was carefully selected based on the current street conditions and the City’s budget constraints. As a result, certain streets have been deferred and are included in a separate appendix for future consideration.
Appendix A notes the proposed treatment for each street that got selected along with the total paving cost.
Appendix A also notes the amount of base repair and localized inlay for each street. While Appendix C shows maps of the selected streets with the recommended treatment.
Treatment Descriptions
Grind and Overlay
In mill and overlay treatment, a portion of the existing AC surface is removed, base repairs are performed at select locations, and a new HMA and/or ARHM overlay is placed. The mill and overlay treatment is generally proposed for pavement design sections that exhibit a mix of non-load-related and load-related distresses where high-severity distressed areas with base failure do not exceed approximately 10% of the total section area.
This treatment is also appropriate for pavements with a small area of load-related-distresses where milling of a thin AC layer, followed by applying a thin HMA and/or ARHM overlay, will provide adequate structural capacity.
Figure 2 shows the Otis Ave section that was selected for grind and overlay.
Figure 2. Pavement Condition of grind and overlay candidate Section at Otis Ave
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Slurry Seal
Slurry seal is a homogenous mixture of emulsified asphalt, water, well-graded fine aggregate, and mineral filler that has a creamy fluid-like appearance when applied. After applying the slurry to the pavement, the asphalt emulsion “breaks” or hardens onto the pavement surface. Then, when the mixture cures by evaporation, it will be bonded to the existing pavement to create a long-lasting wearing surface. Slurry seals are used to fill existing pavement surface defects as either a preparatory treatment for other maintenance treatments or as a wearing course. It is used to correct minor defects in pavement such as weathering, raveling, and tight cracks to extend the life of the pavement. It provides skid resistance, restricts moisture intrusion, protects the structure from further oxidation and raveling, and restores a uniform black appearance. Figure 3 shows the Patata St section that was selected for slurry seal.
Figure 3. Pavement Condition of slurry seal candidate Section at Patata St Planned Projects
The City has several capital improvement projects (CIP) planned over the next two years, as shown in Table 1.
Bidding for Atlantic Avenue opened on November 13, 2024. Construction on Santa Ana Street, Cecilia Street, and Wilcox Avenue is scheduled over the next two years, with Santa Ana Street slated for completion in 2025 and both Cecilia Street and Wilcox Avenue expected in 2026, based on projected costs and the City's existing budget.
Table 1. Planned Project List
Year Street Name Estimated Cost
2024 Atlantic Ave $5.8M
2025 Santa Ana St $2.2M
2026 Cecilia St $760K
2026 Wilcox Ave $1.0M
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Closure
We trust this letter-report provides the necessary information at this time. The recommended treatment was chosen based on visual survey and further investigation or analysis might be required. These recommendations do not take into account constructability, grade constraints, pavement defects beneath the surface, AC layer lift thicknesses, sub-grade properties, and the City’s construction requirements.
If you have any further questions, please don’t hesitate to contact Mahmoud Samara ([email protected]), or Vivek Jha ([email protected]).