Cudahy City Council
February 3, 2026

HOA.105518009.9 4
building shall, within 90 days after receiving said notice, replace such glass or otherwise cause the installation to conform to the requirements of the Building Code.

SECTION 5. Section A401.2 is hereby amended to read as follows:

A401.2 Scope. The provisions of this cChapter apply tomay be used for voluntary seismic improvements to existing buildings of wood construction that contain residential occupancies and are assigned to Risk Category II, and where the structure has a soft, weak, or open-front wall line, and there exists one or more stories above.

SECTION 6. Section A403.1 is hereby amended to read as follows:
[BS] A403.1 General. Modifications required by the provisions in this c Chapter shall be designed in accordance with the California Building Code provisions for new construction, except as modified by this cChapter.

Exception: Buildings for which the prescriptive measures provided in Section A404 apply and are used.

Alteration of the existing lateral force-resisting system or vertical load-carrying system shall not reduce the strength or stiffness of the existing structure, unless the altered structure would remain in conformance to the bBuilding cCode and this c Chapter.

HOA.105518009.9 5
SECTION 7. Section A404.1 is hereby amended to read as follows:
[BS] A404.1 Limitation. These prescriptive measures shall apply only to two-story buildings and only when deemed appropriate by the codeBuilding oOfficial.

These prescriptive measures rely on rotation of the second floor diaphragm to distribute the seismic load between the side and rear walls around a ground floor open area. In the absence of an existing floor diaphragm of wood structural panel or diagonal sheathing at the top of the first story, a new wood structural panel diaphragm of minimum thickness of ¾ inch (19.1 mm) and with 10d common nails at 6 inches (152 mm) on center shall be applied. A California licensed architect or engineer shall demonstrate compliance with the requirements of Section A404.1 and shall approve and stamp the construction documents.

SECTION 8. Section A405.1 is hereby amended to read as follows:
[BS] A405.1 New materials. New materials shall meet the requirements of the California Building Code, except where allowed by this cChapter.

SECTION 9. Section A407.1 is hereby amended to read as follows:
[BS] A407.1 Structural observation.

Structural observation, in accordance with Section 1704.6 of the California Building Code, is required, regardless of seismic design category, height, or other conditions. Structural observation shall include visual observation of work for conformance to the approved construction documents and confirmation of existing conditions assumed during design.

HOA.105518009.9 6
SECTION 10. Section A407.3 is hereby amended to read as follows:
[BS] A407.3 Testing and inspection.

Structural testing and inspection for new construction materials, submittals, reports and certificates of compliance shall be in accordance with Sections 1704 and 1705 of the California Building Code. Work done to comply with this cChapter shall not be eligible for Exceptions 1, 2, or 3 of Section 1704.2 of the California Building Code or for the exception to Section 1705.13.2 of the California Building Code.

SECTION 11. The provisions of this ordinance contain various changes, modifications, and additions to the 2025 Edition of the California Existing Building Code.

Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Existing Building Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. In addition, the Board of Supervisors expressly finds that the modifications herein are substantially equivalent to modifications that were previously filed by the County of Los Angeles and

HOA.105518009.9 7
were in effect as of September 30, 2025. Without limiting the foregoing, the County makes additional findings herein:

EXISTING BUILDING CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
302.6.1 to 302.

6.3 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of the amendments is
to prevent inadequate construction or bracing to
increase resistance to horizontal forces, thus
minimizing hazards to life or property in the event
of an earthquake.
302.7 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of the amendment is to
minimize injuries caused by shattering glass in the
event of an earthquake.

A401.2 Geologic,
Administrative,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of this amendment is to
provide voluntary building standards to
constituents that are performing seismic
retrofitting for existing structures.

A404.1 Administrative,
Geologic,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of this amendment is to
provide voluntary building standards to
constituents that are performing seismic
retrofitting for existing structures. Due to these
factors, the County requires a licensed architect or

HOA.105518009.9 8

EXISTING BUILDING CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
engineer stamp and approval of the construction
documents.

SECTION 12. This ordinance shall become operative on January 1, 2026. [TITLE33EXISTBUILDCODE2025CSCC]

SECTION 13. This ordinance shall be published in The Daily Commerce a newspaper printed and published in the County of Los Angeles.

Chair
ATTEST:

Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
I hereby certify that at its meeting of November 25, 2025 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit:

Ayes Noes
Supervisors Hilda L. Solis Supervisors None
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
Effective Date: December 26, 2025
Operative
Date: January 6, 2026
Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Nicole Davis Tinkham
Chief Deputy County Counsel
S:\Ordinances\County Counsel\2025\2025-0053

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STAFF REPORT
Date: February 3, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: Raul Diaz, Public Works Director & Building Official Subject: Award a Construction Contract in the amount of $58,082.20 to CT&T Concrete Paving, Inc. for the FY 25-26 Citywide Sidewalk Maintenance Project, ATP-001

RECOMMENDATION
The City Council is requested to:

1. Approve the construction documents for the FY 25-26 Citywide Sidewalk Maintenance Project, ATP-001.

2. Award a Construction Contract in the amount of $58,082.50 to CT&T Concrete Paving, Inc. for the FY 25-26 Citywide Sidewalk Maintenance Project, ATP-001 and authorize the City Manager to execute the contract on behalf of the City Council.

3. Authorize the Director of Public Works to establish a construction cost contingency in the amount of $5,808.25 (10% of the bid amount) and to approve contract change orders up to the amount of the approved construction cost contingency.

BACKGROUND
The Cudahy FY 25-26 Citywide Sidewalk Maintenance Project, ATP-001, scope of work comprises of grinding and/or lateral saw-cutting of existing concrete sidewalks, removing and replacing existing concrete sidewalks and other related work per project’s construction documents.

On December 4, 2025, the City of Cudahy published the Notice of Inviting Bids for the FY 25-26 Citywide Sidewalk Maintenance Project, ATP-001, with a Bid Opening date of January 6, 2026.

On January 6, 2026, five (5) bids were received, and a public bid opening was held at Bedwell Hall.

Item Number
14A

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ANALYSIS
The Cudahy Citywide Sidewalk Maintenance Project, ATP-001, is included in the city’s FY 25-26 Capital Improvement Program with an approved budget in the amount of $82,600.00.

The results of the five (5) received bids are tabulated below.

Bidder Name (from low to high) Total Bid Amount
CT&T Concrete Paving, Inc. $58,082.50
FS Contractors, Inc. $68,592.00
Pavement Rehab Company $76,879.00
CJ Concrete Construction, Inc. $79,600.00
Van Engineering, Inc. $89,600.00
Staff conducted a thorough bid analysis and verified that the apparent lowest bidder’s (CT&T Concrete Paving, Inc.) holds the appropriate State of California Contractor’s License, has registered with the Department of Industrial Relations (DIR), and is not included in the state and federal debarment lists. Staff have also verified that CT&T Concrete Paving, Inc. has satisfactorily completed projects similar in scope and complexity to the subject project therefore, CT&T Concrete Paving, Inc. is the apparent lowest responsive and responsible bidder.

Once the Construction Contract is fully executed, staff will conduct a preconstruction meeting and issue the Notice to Proceed.

Below is the breakdown of the project’s budget:

Contract Amount $58,082.50
Construction Contingencies (10%) $5,808.25
Total Construction Cost $63,890.75
Cost of Design and Preparation of Construction Documents $5,800.00 Cost of Construction Management and Inspection Services $7,667.00 Total Project Cost $77,357.75
Below is the project’s funding summary:

TDA 3 $82,600.00
Total Budget $82,600.00

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2/03/2026 Page 3 of 3

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

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

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

FINANCIAL IMPACT
The project’s total cost of $77,357.75 is funded through TDA 3 and there will be no impact to the General Fund.

ATTACHMENT
A. Draft Construction Contract
B. Bid Opening Minutes

1 2026

CONSTRUCTION CONTRACT
(Name of Bidder Awarded Contract: CT&T Concrete Paving, Inc.) Name of Project: FY 25-26 Sidewalk Maintenance Project, ATP-001 THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this 3rd day of February 2026 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and CT&T CONCRETE PAVING, INC. (hereinafter, “CONTRACTOR”) (Contractor’s License No. 875627). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires construction services for FY 25-26 Sidewalk Maintenance Project, ATP-001 (hereinafter, the “Project”); and WHEREAS, CITY issued a solicitation for competitive bids for the Project on December 4, 2025 entitled “FY 25-26 Sidewalk Maintenance Project, ATP-001”; and WHEREAS, following the opening of bids on January 6, 2026, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project; and WHEREAS, CONTRACTOR is an organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise, and resources to perform the Work and other obligations encompassed by this Contract; and
WHEREAS, the award of this Contract to CONTRACTOR was approved by the Cudahy City Council (“City Council”) at its meeting of February 3, 2026 under Agenda Item No. ; and
WHEREAS, in light of the facts above and the certifications made by the CONTRACTOR as party of its Bid, the CITY desires to retain CONTRACTOR to perform the construction Work for the Project as set forth in this Contract and the Contract Documents, as hereinafter described.

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

1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Attachment A Page 390 of 441
2 Contract by this reference.

2. THE CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

2.1. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. The Contract Documents are complementary; what is called for in one is binding as if called for in all, and together constitute CONTRACTOR’s performance obligations:
a. Permits from the CITY’s Building, Planning, and Public Works Departments and similar Governmental Approvals for the Work required by applicable law;
b. Change Orders and other Modifications issued and approved by the CITY; c. Contract and its attached Exhibits;
Exhibit “A” – CONTRACTOR’s Bid Proposal, dated January 6, 2026 Exhibit “B” – Insurance Certificates and Additional Insured Endorsements
Exhibit “C” – Worker’s Compensation Certificate of Insurance Exhibit “D” – Payment and Performance Bonds
d. Bid Addenda issued by CITY;
e. Notice Inviting Bids and Instructions to Bidders;
f. CONTRACTOR’s Bid Proposal;
g. Special Provisions;
h. General Provisions;
i. Appendices to Bid Package;
j. Plans;
k. Bid Forms and attachments thereto;
l. Performance Bond;
m. Payment Bond;

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

3. WORK TO BE PERFORMED

3.1. In compliance with all terms and conditions of this Contract, the CONTRACTOR shall provide those services specified in the “Contract Documents” (as defined herein), which services may be referred to herein as the “Services,” “Project,” or “Work” hereunder. As a material inducement to the CITY entering into this Contract, CONTRACTOR represents and warrants that Contractor is a provider of first class work and services and CONTRACTOR is experienced in performing the work and services contemplated herein and, in light of such status and experience, CONTRACTOR covenants that it shall

3 follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, CONTRACTOR represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable federal, state, and local accessibility requirements and warrants that all Work performed under this contract will comply with all applicable accessibility requirements.

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

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

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

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

4 3.6. CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractor’s license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this PROJECT.

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

4. CONTRACT PRICE

4.1 Subject to the terms and conditions set forth in the Contract Documents, CITY agrees to pay, and the CONTRACTOR agrees to accept, in full payment for all work contemplated under the Contract Documents FIFTY-EIGHT THOUSAND EIGHTY-TWO DOLLARS AND FIFTY CENTS ($58,082.50), (the “Contract Price”).

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

5. NOTICE TO PROCEED AND TIME FOR COMPLETION

5.1 A written Notice to Proceed issued by CITY must be received by CONTRACTOR before CONTRACTOR may mobilize or commence any Work on the site. CONTRACTOR shall commence its performance of the Work contemplated under this Contract no later than the date specified in the Notice to Proceed. CONTRACTOR shall complete the total project within 20 working days, after the date stated in the Notice to Proceed.

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

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

5 5.4 Time is of the essence in the performance of this Contract.

6. NOTICE AND SERVICE THEREOF

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

City of Cudahy
Public Works Department
Attn: Raul Diaz, Public Work Director
Cudahy City Hall
5220 Santa Ana St.

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

CT&T Concrete Paving Inc.

Attn: Jose Carvajal, President
324 S. Diamond Bar Blvd., PMB 275
Diamond Bar, Ca 91765
909-821-4769

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

8. CLAIMS AND DISPUTES

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

6 8.2 CONTRACTOR further acknowledges that notwithstanding CONTRACTOR’s compliance with the Claims Procedures set forth herein, CONTRACTOR must also comply with the Claims Procedures set forth in the Government Claims Act (Government Code § 900 et seq.) prior to filing a lawsuit against the CITY for any such claim. Failure to submit a claim or comply with the claims requirements contained herein shall bar CONTRACTOR from bringing and maintaining a valid lawsuit against the CITY.
9 DEFAULT, CURE, AND TERMINATION

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

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

9.3 The time period(s) specified in the Contract Documents for performance of the Project pursuant to this Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the

7 public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the CITY in writing of the causes for the delay. The CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY such delay is justified. The CITY’s determination shall be final and conclusive upon the Parties to this Contract.

9.4 In accordance with [Section 6-8 of the General Specifications], CITY, in its sole and absolute discretion, may terminate the Contract for convenience and discontinue the Project at any time prior to the completion of the Project or if the Project is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority. Upon service of such notice of termination, the CONTRACTOR shall discontinue the Project in such manner, sequence, and at such times as described in the Administrative Specifications. The CONTRACTOR shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Project thus dispensed with, nor any other actually performed up to the time of discontinuance, including any extra work ordered by CITY to be done, nor for any claim for liquidated damages.

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

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

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

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

Further, CONTRACTOR certifies that CONTRACTOR and all subcontractors

8 are aware that registration is required, are currently registered with the DIR, and agree to maintain current registration for the duration of the Project.

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

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

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

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

10.5 State prevailing wages for public works projects shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1”, for County of Los Angeles. Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be made available upon request from the City Engineer’s Office. The Director’s determination of prevailing rates is on file with the CITY and are available on-line at:
www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The duty to pay the correct wage is the responsibility of the CONTRACTOR.

10.6 CONTRACTOR must post at the work site, or if there is no regular work site

9 then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2). The Contractor shall post WH-1321 ENGLISH and WH-1321 SPANISH at the work site.

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

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

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

10.9 The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
a. Pursuant to Labor Code Section 1775, the CONTRACTOR and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the CONTRACTOR.
b. The CONTRACTOR or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective Contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this

10 Subsection. In awarding any contract for public work, CONTRACTOR must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when
CONTRACTOR does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

11. METHOD OF PAYMENT

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

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

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

13. INSURANCE
Prior to commencing work on the Project, throughout the duration of the Contract, and for 5 years thereafter, CONTRACTOR and its Subcontractors shall maintain insurance in conformance with the requirements set forth in this Section 13.

13.1 CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars ($5,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, and a Ten Million Dollars ($10,000,000) completed operations aggregate. The policy must include contractual liability

11 that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

13.2 CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering Code 1 (any auto) with limits not less than Five Million Dollars ($5,000,000) per accident for bodily injury and property damage.

13.3 CONTRACTOR shall maintain workers' compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

13.4 CONTRACTOR shall maintain builder’s risk utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

13.5 CONTRACTOR shall ensure that any professional engineer retained on its behalf to provide supplemental plans and engineering calculations required in conjunction with the Project, maintains professional liability insurance during the entire term of this Contract. Such insurance shall be in the minimum amount of Two Million Dollars ($2,000,000) to protect CITY from claims resulting from the engineer(s) activities. This minimum amount of coverage shall not constitute any limitation or cap on CONTRACTOR’s indemnification obligations set forth herein.

13.6 CONTRACTOR shall maintain Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and Errors and Omissions (if project involves environmental hazards) with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, and Two Million Dollars ($2,000,000) policy aggregate.

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

13.8 All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,

12 with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.

13.9 General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

13.10 All insurance coverage provided pursuant to this Agreement will not prohibit CONTRACTOR or CONTRACTOR’s officers, employees, agents, or subcontractors from waiving the right of subrogation prior to a loss.

CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.

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

13.12 CONTRACTOR shall provide the CITY with at least thirty (30) days’ prior written notice of any cancellation, non-renewal, lapse, or material modification of the required insurance coverage as outlined in this section.

14. INDEMNIFICATION

14.1 CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, officials, employees, agents, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceedings, causes of action, demands, costs, judgments, liens, stop notices, penalties, damages, losses, anticipated losses of revenue, expenses, costs (including without limitation reasonable attorneys’ fees, expert fees, accountants’ fees, investigation expenses, and all other costs

13 and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties as determined by a court of competent jurisdiction (“Indemnity Claims”).

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

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

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

14.3 In addition to the foregoing requirements, CONTRACTOR shall ensure, by written subcontract Contract, that each of CONTRACTOR’s subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnified Parties with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which CONTRACTOR is required to protect, defend, indemnify and hold the Indemnified Parties harmless. In the event CONTRACTOR fails to

14 obtain such defense and indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible to the Indemnified Parties according to the terms of this Article.

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

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

15. BOOKS AND RECORDS; AUDIT

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

15.2 CONTRACTOR, Subcontractors, and Subconsultants shall adhere to RGA No.

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

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

15 15.3 In addition to the above, CONTRACTOR, Subcontractors, and Subconsultants shall permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by CITY or the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with the RGA.

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

15.5 Any contract with a Subcontractor or Subconsultant shall contain the provisions of this Article 15.

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

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

17. THIRD PARTY CLAIMS
The CITY shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The CITY shall timely notify the CONTRACTOR of the receipt of any third-party claim relating to the Project. The CITY shall be entitled to recover its reasonable costs incurred in providing this notice. The CONTRACTOR shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by

16 the CONTRACTOR to do so shall be deemed a breach of the Contract, and the CITY will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the CONTRACTOR receives any third-party claim relating to this Project, the CONTRACTOR shall provide written notice thereof and a copy of the claim to the CITY Attorney.

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

19. NONDISCRIMINATORY EMPLOYMENT

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

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

19.3 CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.

17 19.4 CONTRACTOR, Subconsultants, and Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other contract.

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

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

21. SUBSURFACE HAZARDOUS MATERIAL

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

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

22. MODIFICATIONS AND AMENDMENTS

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

23. ENTIRE CONTRACT

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

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

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

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

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

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

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

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

26. INDEPENDENT CONTRACTOR
Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its Subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. The CITY shall have no voice in the selection, discharge, supervision or control of CONTRACTOR’s employees, Subcontractors, servants, representatives or agents, or in fixing their number,

19 compensation or hours of service. CONTRACTOR shall perform all services required herein as an independent contractor of the CITY and shall remain at all times as to the CITY a wholly independent contractor with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its Subcontractors, agents or employees are agents or employees of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venture or a member of any joint enterprise with CONTRACTOR.

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

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

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

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

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

30. COUNTERPARTS

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

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

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

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

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

35. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
(SIGNATURES ON NEXT PAGE)

21 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed the day and year first appearing in this Contract, above.

CITY OF CUDAHY:

By:__________________________
Christopher Lopez, City Manager
Date:________________________
CT&T CONCRETE PAVING, INC.:

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

By: ________________________
Richard Iglesias, CMC
City Clerk

Date: _______________________
APPROVED AS TO FORM:

By:__________________________
Stephanie Arechiga
City Attorney
Date:________________________

22 EXHIBIT A - CONTRACTOR'S BID PROPOSAL, DATED JANUARY 6, 2026

23 EXHIBIT B – INSURANCE CERTIFICATES AND ADDITIONAL INSURED

ENDORSEMENTS

24 EXHIBIT C – WORKER’S COMPENSATION CERTIFICATES OF INSURANCE

25 EXHIBIT D – PAYMENT AND PERFORMANCE BONDS

Attachment B

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STAFF REPORT
Date: February 3, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: Raul Diaz, Public Works Director/Building Official
Subject: City of Cudahy Capital Improvement Program (CIP) FY2025-2029 Amendment – Request to increase funding for the Clara Bridge Lighting Improvement Project – CIP Project No. BRI-001

RECOMMENDATION
The City Council is requested to approve the proposed City of Cudahy Capital Improvement Program (CIP) Amendment for Fiscal Years 2025-2029 of the CIP budget to increase funding for the Clara Bridge Lighting Improvement Project – CIP Project No. BRI-001 by appropriating an additional $541,046.00 for pre-construction, construction, staff time, construction management/inspection services, and construction contingency from the following funds:

1. $270,523.00 from Measure M; and

2. $270,523.00 from Measure R
The total additional amount being requested is $541,046.00 for a new project total of $941,046.00.

BACKGROUND

1. On June 17, 2025, the City Council approved the Fiscal Year (FY) 2025-26 Operating and Capital Budget, including the Clara Bridge Lighting Improvement Project. The budget for this project included $200,000 from Measure R and $200,000 from Measure M.

2. On August 4, 2025, a new budget request was submitted to Metro for $200,000.00 under Measure M and $200,000.00 under Measure R to fund this project.

3. On August 20, 2025, Castillo Engineering, Inc. provided a proposal covering the performance of structural engineering design services.

Item Number
14B

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4. On September 23, 2025, a purchase order was approved by the City Manager in the amount of $4,000.00 for these services.

ANALYSIS
The project scope of work consists of the installation of new LED lighting on Clara Bridge. It also includes concrete beams retrofit to receive new poles, hand-rail painting, traffic striping and structural repairs per bridge report recommendations. The project also entails traffic striping reconfiguration and the installation of traffic calming measure devices.

By installing the proposed LED Lighting at the Bridge, the City will enhance safety at the east city limit gateway. In addition, high visibility striping and traffic striping reconfiguration at the bridge will significantly improve the safety of pedestrians, bicyclists, and vehicles while discouraging speeding with the installation of radar feedback speed signs edge line striping and other traffic calming measures.

The previous engineers estimate for this project was conducted in October 2020. Since then, the cost of construction has increased substantially. Additional funds are needed to cover these construction increases as well as allocating staff time, construction management/inspection services, and construction contingency.

CONCLUSION
Staff recommends City Council approve all items under the recommendation to begin Bid Advertisement for the Clara Bridge Lighting Improvement Project.

STRATEGIC PLAN CORRELATION
Goal E – City Infrastructure and Services Delivery
Strategy 1: Ensure high-quality infrastructure to continue connectivity throughout the community.

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

FINANCIAL IMPACT
Appropriate $270,523.00 in Measure M and $270,523.00 in Measure R funding for a total amount of $541,046.00. The new overall project total is $941,046.00.

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ATTACHMENTS
A. Site Map

PROJECT AREA
710
FWY

SITE MAP

NOT TO SCALE
Attachment A Page 420 of 441
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STAFF REPORT
Date: February 3, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Christopher R. Lopez, City Manager/Executive Director By: Juan Arauz, Community Development Director/Assistant City Manager Subject: Discuss a Request from Prima Development to Use City-Owned Site for Construction Staging and Parking Associated with the Cudahy Seniors Project.

RECOMMENDATION
The City Council is requested to provide City staff feedback and direction on how to proceed with a request from Prima Development (“Developer”) to use the City-owned site, generally located at 8135 Atlantic Avenue, for construction staging and parking associated with the construction of the Cudahy Seniors project.

BACKGROUND
On October 20, 2020, the City Council adopted Ordinance No. 711, which approved a disposition and development agreement with Developer to construct a mixed-use project including affordable housing units for senior citizens and ground floor healthcare and general office space at the vacant lot located at 4610 Santa Ana Street (“Project Site”).

On October 19, 2021, the sale and transfer of the Project Site was completed, whereby the City officially transferred the Project Site to the Developer.

On February 1, 2022, the City Council approved Ordinance No. 717 for an amendment to the Development Agreement providing for various modifications to the Original Project scope to eliminate one floor and reducing the total number of senior housing units to 140.

ANALYSIS
On September 24, 2025, Developer held a groundbreaking event at the Project Site to recognize key supporters of the Cudahy Seniors project, and to celebrate the commencement of Item Number
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construction activities. After the groundbreaking, Developer informed City staff that initial plans for their staging and parking area did not materialize. Therefore, as an alternative, Developer inquired about the use of the City-owned property generally located at 8135 Atlantic Avenue. The image below shows the Project Site and the City-owned property.

Image: Project Site and City-Owned Property
The Developer is requesting use of the City-owned site for approximately 16 to 20 months, which is the estimated time for completion of the project’s subterranean parking structure which they will use thereafter. If Council is amenable to the Developer’s request, staff can draft an agreement that would include, among other things, terms for liability insurance, maintenance requirements, termination provision, etc.

CONCLUSION
City staff is requesting for City Council feedback and direction on the Developer’s request.

FINANCIAL IMPACT
At this point there is no financial impacts associated with this discussion item.

ATTACHMENTS
None.

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STAFF REPORT
Date: February 3, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Christopher R. Lopez, City Manager/Executive Director By: City Attorney’s Office
Subject: Consideration to Adopt Resolution 26-03 Supporting AB 1537

RECOMMENDATION
The City Council is requested to consider adoption of Resolution No. 26-03 supporting Assembly Bill No. 1537, seeking to prohibit peace officers from engaging in federal immigration enforcement activities through secondary employment, contracting, or volunteer service and reaffirming the City’s commitment to community trust, public safety, and immigration protections.

BACKGROUND
On January 5, 2026, Assemblymember Isaac Bryan introduced Assembly Bill No. 1537 (“AB 1537”), which would prohibit peace officers from being employed by, contracting with, or volunteering for the United States Department of Homeland Security or any entity that assists with immigration enforcement.

ANALYSIS
Decades of research and lived experience have demonstrated that entanglement between local law enforcement and federal immigration enforcement undermines public safety by discouraging immigrant communities from reporting crimes, cooperating with investigations, or seeking emergency assistance. At a time when California and the County of Los Angeles are experiencing ongoing peace officer staffing shortages, it is essential that sworn officers focus their time and expertise on addressing local public safety rather than being diverted to federal immigration enforcement activities. Participation by local peace officers in federal immigration enforcement activities erodes community trust and associates local policing with actions and directives that conflict with constitutional protections and human rights values.

Item Number
14D

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In addition, AB 1537 would require peace officers to report any offer or attempt of secondary employment related to immigration enforcement to their employing law enforcement agency, ensuring transparency and accountability within local departments. AB 1537 further designates records related to peace officers’ secondary employment as public records under the California Public Records Act, strengthening public oversight and reinforcing trust in law enforcement institutions.

CONCLUSION
The City Council is requested to consider adoption of Resolution No. 26-03 supporting Assembly Bill No. 1537.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
None.

ATTACHMENTS
A. Draft Resolution No. 26-03

RESOLUTION NO. 26-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA SUPPORTING CALIFORNIA
STATE ASSEMBLY BILL NO. 1537, SEEKING TO

PROHIBIT PEACE OFFICERS FROM ENGAGING IN

FEDERAL IMMIGRATION ENFORCEMENT ACTIVITIES

THROUGH SECONDARY EMPLOYMENT,

CONTRACTING, OR VOLUNTEER SERVICE, AND
REAFFIRMING THE CITY’S COMMITMENT TO

COMMUNITY TRUST, PUBLIC SAFETY, AND IMMIGRANT

PROTECTIONS
WHEREAS, on January 5, 2026, Assemblymember Isaac Bryan introduced Assembly Bill No. 1537 (“AB 1537”), which would prohibit peace officers from being employed by, contracting with, or volunteering for the United States Department of Homeland Security or any entity that assists with immigration enforcement; and WHEREAS, AB 1537 would also require peace officers to report any offer or attempt of secondary employment related to immigration enforcement to their employing law enforcement agency, ensuring transparency and accountability within local departments; and
WHERAS, AB 1537 further designates records related to peace officers’ secondary employment as public records under the California Public Records Act, strengthening public oversight and reinforcing trust in law enforcement institutions; and WHEREAS, decades of research and lived experience have demonstrated that entanglement between local law enforcement and federal immigration enforcement undermines public safety by discouraging immigrant communities from reporting crimes, cooperating with investigations, or seeking emergency assistance; and WHEREAS, at a time when California and the County of Los Angeles are experiencing ongoing peace officer staffing shortages, it is essential that sworn officers focus their time and expertise on addressing local public safety needs rather than being diverted to federal immigration enforcement activities; and
WHEREAS, participation by local peace officers in federal immigration enforcement activities erodes community trust and associates local policing with actions and directives that conflict with constitutional protections and human rights values; and WHEREAS, by clearly prohibiting peace officers from participating in immigration enforcement through secondary employment and establishing meaningful accountability mechanisms, AB 1537 strengthens California’s commitment to civil rights, constitutional protections, and community-centered public safety.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

Attachment A Page 425 of 441
Resolution No. 26-03

Section 1. The City Council of the City of Cudahy supports AB 1537 as a critical measure to uphold constitutional and human rights and protect community trust.

Section 2. The City Council of the City of Cudahy urges the California State Legislature and the Governor to enact AB 1537 to ensure that local law enforcement activities remain consistent with California values and the principles of community-based policing.

Section 3. The City Council directs the City Clerk to email a copy of this adopted resolution to the Governor of California, the President pro Tempore of the California State Senate, the Speaker of the California State Assembly, and Assemblymember Isaac Bryan to express the City’s support for this legislation.

Section 4. 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 by the City Council of the City of Cudahy at its regular meeting on this 3rd day of February 2026.

Cynthia Gonzalez
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 26-03

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-03 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 3rd day of February 2026, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/03/2026 Page 1 of 3

STAFF REPORT
Date: February 3, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Appointment to Fill Vacancy on Senior and Community Services Commission

RECOMMENDATION
The City Council is requested to appoint Cecilio Cruz to the Senior and Community Services Commission, Mayor’s appointment.

BACKGROUND/ANALYSIS
On April 5, 2022, the City Council adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners), repealing Chapter 2.58 (Cudahy Economic Development Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

In accordance with Ordinance No. 719, each Council Member shall appoint one commissioner to each commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them.

On September 6, 2022, the City Council adopted Resolution No. 22-55, dissolving the Aging and Senior Citizens Commission, establishing the Senior and Community Services Commission and adopting the Objectives and Policies for the Community Services Commission.

Senior and Community Services Commission
Duties include research and providing policy recommendations to the City Council regarding:
• Human services
• Community Development for all residents
• All matters pertaining to the elder residents and their needs, including but not limited Item Number
14E

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/03/2026 Page 2 of 3

to, health and nutrition, education, employment, housing, and transportation • Information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs
Meetings date and time
The date and time of the meetings are to be determined by a majority vote of the Commission, but the Commission shall meet at least once a quarter.

Qualifications
To qualify to serve on the commissions, individuals must meet one of the following:
• Cudahy Resident
• City Business Owners
• Employed in the City
• Nonprofit that provides services in the City
Appointment
City Council Members may appoint commission applicants or bring forward their nominee(s), and staff can verify after the fact whether they meet the qualifications.

CONCLUSION
Currently, the Senior and Community Services Commission has four vacancies. Mayor Dr.

Gonzalez wishes to appoint Cecilio Cruz to the Senior and Community Services Commission, to serve concurrently through December 2026.

STRATEGIC PLAN CORRELATION
Goal F

4. Identify methods to connect with community members, including soliciting input on a regular basis.

7. Foster relationship building among residents.

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/03/2026 Page 3 of 3

FINANCIAL IMPACT
Commissioners receive a stipend of forty-five dollars ($45), and the Chairman receives fiftyfive dollars ($55) per regularly scheduled meeting. The stipend paid to commissioners is funded by the general fund.

ATTACHMENT
A. Ordinance No. 719
B. Resolution No. 22-55

ORDINANCE NO. 719

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.32 (CITY
COMMISSIONERS), AND REPEALING CHAPTER 2.58
(CUDAHY ECONOMIC DEVELOPMENT COMMISSION)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1976, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 213 establishing the qualifications and terms for Commissions in the City of Cudahy ("City"); and
WHEREAS, on July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions; and
WHEREAS, on October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners; and
WHEREAS, City Commissioners provide a valuable service to the City by advising the City Council on numerous issues; and
WHEREAS, the City Council wishes to update the Cudahy Municipal Code ("Municipal Code") to provide a better opportunity for residents and business owners of the City to participate in the City Council's decision-making processes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 2. 32
City Commissioners

2.32.010 Qualification
All Commissions shall consist of five (5) members ("Commissioners''). No person shall be qualified for appointment to any commission unless such person is either a resident of the City, business owner in the City, is employed in the City, or employed at a nonprofit that provides services for the City. Current elected officials from the City and all City employees are prevented from serving on any commission. Immigration status will Attachment A Page 432 of 441
Ordinance No. 719

not be verified.

Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check after being appointed to a Commission and before being sworn into office. Live Scan background checks are confidential and are not a public record.

2. 32. 020 Appointment, Reappointment and Removal
Each member of the City Council shall have authority to appoint one (1) member to each Commission. Each Councilmember shall appoint their Commissioner within thirty (30) days of assuming office or from a vacancy occurring for said Commission. If no appointment is made within sixty (60) days after assumption of office of the appointing Councilmember, the City Council shall appoint a Commissioner to the vacant seat by a majority vote.

Each Commissioner shall serve on only one (1) Commission at a time, occupation of two or more commission seats at one time will disqualify the individual from all Commissions.

Commission members may be removed from their appointment due to disqualification as provided in this Chapter or upon the sole decision by the Councilmember who appointed said Commissioner. All appointments and removals of Commissioners shall occur during an open meeting of the City Council. If removal of a Commissioner occurs, the (;ity Clerk shall send notice to that Commissioner at the last address on file with the City.

2.32.030 Term of Office
Each Commissioner shall serve one four (4) year term, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein. No Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing said Commissioner. In the event that the appointing Councilmember completes his or her term, vacates office, or is no longer holding office, the term of the Commissioner appointed by said Councilmember shall be terminated concurrently. Nothing contained in this section shall prevent a Councilmember, whether newly appointed or not, from appointing the individual back to the same Commission or to a different Commission.

2.32.040 Training
Each appointed Commissioner shall, within ninety (90) days of appointment, certify in writing that they have completed all City sponsored trainings required for Commissioners, required trainings will include but are not limited to, the Brown Act, Robert Rules of Order, conflicts of interest, code of conduct, and ethics. Failure to complete all required trainings will result in disqualification of the Commissioner.

Ordinance No. 719

2. 32. 050 Code of Conduct
All Commissioners must agree to sign and abide by the Commissioner Code of Conduct set by resolution. Failure to abide by the Code of Conduct will result in disqualification of the Commissioner by a majority vote of the Council.

2. 32. 060 Absences
Any Commissioner with three unexcused consecutive absences will immediately, after adjournment of the third consecutive meeting, result in a vacant seat unless his or her absence is excused by a majority vote of the other Commissioners and reflected in the official minutes of the commission.

2.32.070 Vacancy
If for any reason a vacancy occurs, the vacancy shall be filled by the Counci/member who appointed said Commissioner for the unexpired portion of such term.

2.32.080 Vacancy Due to Disqualification
When a Commissioner no longer meets the qualifications for the Commission as set by this Chapter, the Commissioner shall be disqualified, and the seat shall become vacant.

2. 32. 090 Quorum
Three members of the commission shall constitute a quorum necessary to transact business, anything Jess than three members may adjourn the meeting until quorum can be obtained.

2.32.100 Organization
The Organization of each Commission shall be set by resolution.

2.32.110 Meetings
Each commission shall hold at least one regular meeting each month at such time and place set by resolution.

When a regular meeting falls on a legal holiday, the meeting shall be held at the same hour on the next regular business day after the holiday. All meetings of the Commissions shall be open and public, and subject to all laws of the state of California e.g., the Brown Act, Robert Rules of Order, Open Public Meeting Act. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council once finalized and approved by the Commission.

Ordinance No. 719

2.32.120 Special Meetings
Each Commission shall be limited to no more than three (3) special meetings per fiscal year with compensation. If a clerical error is caused by City Staff that requires the Commission conduct a special meeting, the Commission will be allowed to conduct such meeting with compensation.

2.32.130 Compensation
Commissioners shall receive a stipend for their attendance at each meeting in the amount set by resolution.

2.32.140 Review and Termination of Commission
The City Council will hold annual reviews, at the time set by resolution, to evaluate whether each Commission is still necessary. Should the Council decide to terminate a Commission, termination of any Commission shall require a majority vote of the City Council during open session of a regular meeting.

Commissions created with a set expiration date included in the resolution will not require any additional City Council action prior to termination." Section 3. Chapter 2.58 (Cudahy Economic Development Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby repealed in its entirety.

Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be

Ordinance No. 719

construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 5th day of April 2022.

Elizabeth Alcan1ar
Mayor \J
ATTEST:
-
City Clerk

Ordinance No. 719

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF CUDAHY
SS:

I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 719 was introduced for a first reading on the 15th day of March 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the 5
th day of April 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Lomeli, Gonzalez, and Alcantar
Guerrero
Lozoya
None
Richard
City
�---
Clerk
Igles�
I·

RESOLUTION NO. 22-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DISSOLVING THE AGING AND

SENIOR CITIZENS COMMISSION AND ESTABLISHING

THE SENIOR AND COMMUNITY SERVICES

COMMISSION, AND ADOPTING THE OBJECTIVES AND

POLICIES FOR THE SENIOR AND COMMUNITY

SERVICES COMMISSION
WHEREAS, on August 31,1987, the City of Cudahy ("City") adopted Resolution No. 87-36 establishing the Aging and Senior Citizens Commission and establishing the qualifications, organizations, and functions of said Commission; and WHEREAS, on April 5, 2022, the City adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code ("Municipal Code").

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council repeals all previous resolutions regarding the establishment of the Aging and Senior Citizens Commission.

SECTION 3. The Cudahy City Council hereby dissolves the Aging and Senior Citizens Commission in its entirety and relieves all Aging and Senior Citizens Commissioners of their duties.

SECTION 4. The Cudahy City Council hereby establishes the Senior and Community Services Commission.

SECTION 5. The Cudahy City Council hereby adopts the following City of Cudahy Senior and Community Services Commission Objectives and Rules:
"CITY OF CUDAHY

SENIOR AND COMMUNITY SERVICES COMMISSION OBJECTIVES AND

POLICIES
I. Purpose and Duties
The City of Cudahy Senior and Community Services Commission is established for the purpose of providing policy recommendations to the City Council on matters affecting all individuals throughout the City of Cudahy.

The Commission will research and provide policy recommendations to the City Council regarding:

Attachment B Page 438 of 441
Resolution o. 22-55

• Human services including addressing homelessness, homelessness prevention and mental health services
• The availability of grants addressing homelessness and mental health services
• Community Development for all residents
• All matters pertaining to the elder residents and their needs, including but not limited to, health and nutrition, education, employment, housing, and transportation
• Information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs
II. Qualifications
Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.

Ill. Appointment and Removal
Commissioners shall be appointed and removed pursuant to Chapter 2.32 of the Cudahy Municipal Code.

IV. Organization
The Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of Jaw, may create and fill such other offices within its membership as it may determine are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.

The City Manager shall appoint the staff liaison for the Commission. The City Clerk's office will serve as the secretary for the Commission.

V. Absences
All Commissioners must abide by the "Absences" section of Chapter 2.32 of the Cudahy Municipal Code.

VI. Vacancies
All Commissioners must abide by the "Vacancy" section of Chapter 2.32 of the Cudahy Municipal Code.

VII. Rules and Regulations
2

,,
Resolution No. 22-55

All Commissioners must abide by the "Code of Conduct" section of Chapter 2. 32 of the Cudahy Municipal Code.

Commissioners may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.

VIII. Meetings
Date and time of the meetings to be determined by a majority vote of the Commission but the Commission shall meet at last once a quarter.

Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.

IX. Compensation
Commissioners shall be paid forty-five dollars ($45) per regularly scheduled monthly meeting, and the Chairman shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting."
SECTION 6. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 6
th day of September 2022.

Mayor
ATTEST:
������==-�- C1 y
3

Resolution No. 22-55

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-55 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6
th day of September 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES: Lomelf, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero and Lozoya
ABSTAIN: None
4