Cudahy City Council
March 17, 2026

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/17/2026 Page 3 of 4

of the HSIP Grant towards construction costs and $180,000 for the cost of design. The maximum HSIP reimbursement for the Project is 90%, requiring the City to fund 10% of Project costs, thus $121,779 total, with $103,779 in construction costs and $18,000 in design costs.

Below table is a summary of the fund allocation for the Project.

HSIP Cycle 11 Fund Allocation Summary
Construction Design Total
Grant Allocations
for the Original
Scope of Work $ 1,119,330 $ 98,460 $ 1,217,790
Adjusted Grant
Allocations $ 1,037,790 $ 180,000 $ 1,217,790
City's 10% Match
per the original
Scope of Work $ 111,933 $ 9,846 $ 121,779
City's Adjusted 10%
Match per Cost
Change $ 103,779 $ 18,000 $ 121,779
With the cost and scope change approved by Caltrans, the City can move forward with the First Amendment to the PSA with Kimley-Horn authorizing the additional engineering design services.

CONCLUSION
Staff recommends that the City Council adopt Resolution No. 26-06, approving the First Amendment to the PSA with Kimley-Horn. and authorizing appropriation of $121,779 from Measure M funds to fulfill the required 10% local funds for the Project.

STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery), Objective:

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 funding for this First Amendment will come from the project funding with the HSIP Cycle 11 grant funding 90% and 10% City matching Measure M funds. The project budget will be

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/17/2026 Page 4 of 4

amended to appropriate an additional $85,741.91 for design engineering, with the remainder allocated for construction cost. Therefore, the City’s total 10% match for construction and design are $103,779 and $18,000 respectively.

ATTACHMENTS
A. Draft Resolution No. 26-06
B. Professional Services Agreement between Kimley-Horn and Associates, Inc. and the City of Cudahy
C. First Amendment to the Professional Services Agreement between Kimley-Horn and Associated, Inc. and the City of Cudahy
D. Kimley-Horn and Associates, Inc. Proposal for Additional Engineering Design Services E. HSIP Cycle 11 Scope Change Request Form
F. HSIP Cycle 11 Allocation Notification Letter

RESOLUTION NO. 26-06

RESOLUTION OF THE CUDAHY CITY COUNCIL APPROVING THE FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CUDAHY AND KIMLEY-HORN AND ASSOCIATES, INC.

WHEREAS, on March 8, 2023, the City of Cudahy (“City”) was awarded $1,217,790 by the California Department of Transportation (“Caltrans”) in Highway Safety Improvement Program (“HSIP”) Cycle 11 grant funds (“HSIP Grant Award”); and WHEREAS, on August 15, 2024, the City issued a Request for Proposals (“RFP”) for design engineering services for the preparation of plans, specifications, and estimates (“PS&E”) for the Cudahy Citywide Signal Improvements Project – Project No. TRE-009 (the “Project”); and
WHEREAS, two firms submitted proposals in response to the RFP, which were evaluated by the City pursuant to the established criteria identified in the RFP; and WHEREAS, on December 3, 2024, the City Council of the City of Cudahy approved a Professional Services Agreement (the “Master Agreement”) for a term of one year between the City and Kimley-Horn and Associates, Inc. (“Consultant”) for design engineering services for the preparation of PS&E for the Project with a not-to-exceed amount of One Hundred and Eight Thousand Ninety-Two Dollars And One Cent ($108,092.01); and WHEREAS, the Master Agreement allowed the term to be extended for an additional one-year period at the option of the City; and
WHEREAS, prior to the expiration of the Master Agreement, it was the intent of City and Consultant to extend the life of the Master Agreement to December 3, 2026; and WHEREAS, the City and Consultant are in agreement that the term of the Master Agreement be extended nunc pro tunc, notwithstanding its December 3, 2025 expiration, and that the City and Consultant intend to be bound by the terms and conditions of the Master Agreement as extended by and as amended by the First Amendment attached as Attachment “C” to the March 17, 2026 staff report accompanying this Resolution, as if the First Amendment had been executed upon the initial December 3, 2025 expiration date; and WHEREAS, between the December 3, 2025 expiration date of the Master Agreement and the execution date of the First Amendment, the City and Consultant have performed in compliance with the terms of the Master Agreement and have intended all rights, responsibilities, and procedures set forth under the Master Agreement to have been in full force and effect during this interim period; and
WHEREAS, on November 17, 2025, the City applied to Caltrans for a change in scope and allocation of costs for the HSIP Grant Award, including reallocation of $81,540.00 of the HSIP Grant Award to design costs, and requested that Consultant provide a proposal for the modified scope of work; and
Attachment A Page 125 of 237
Resolution No. 26-06

WHEREAS, on December 15, 2025, Consultant submitted a proposal to amend the scope of services under the Master Agreement to reflect additional improvements in accordance with the City’s application to Caltrans for a modified scope of work for a total cost of Eighty Five Thousand Seven Hundred and Forty One Dollars and Ninety One Cents ($85,741.91); and WHEREAS, on February 4, 2026, Caltrans approved the City’s application for a change in scope and allocation of costs for the HSIP Grant Award; and WHEREAS, staff is recommending that the City Council consider and approve the First Amendment to the Master Agreement to extend the term thereof to December 3, 2026, to increase the total not-to-exceed amount to One Hundred and Ninety Three Thousand Eight Hundred Thirty Three Dolars and Ninety Two Cents ($193,833.92) and for the modification of Consultant’s scope of work to reflect additional improvements in accordance with Caltrans’ approval of the change in scope and cost allocation of costs of the HSIP Grant Award; and WHEREAS, the Project, inclusive of services to be rendered by Consultant under the First Amendment to the Master Agreement will be funded through the HSIP Grant Award and a 10-percent (10%) City matching fund of $121,779 be allocated from Measure M funds; and NOW, THEREFORE, the City Council of the City of Cudahy hereby finds, determines, declares, orders and resolves as follows:

Section 1. The City Council hereby adopts and approves this Resolution approving the First Amendment to the Professional Services Agreement between the City and Kimley-Horn and Associates, Inc. for a period not to exceed one (1) year and the modified not-to-exceed amount and scope of services as set forth therein.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the First Amendment to the Master Agreement in substantially the form attached as Attachment “C” to the March 17, 2026 staff report accompanying this Resolution. The City Council further directs the City Manager to take all actions necessary to effectuate the First Amendment.

Section 3. The City Council hereby approves an appropriation of $121,779 in Measure M funds for the Project, in accordance with the requirements of the HSIP Grant Award.

Section 4. The City Council hereby authorizes the Finance Director, or designee, to appropriate these funds from the available fund balance and amend the FY 2025–26 budget.

Section 5. 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 the regular meeting of this 17th day of March, 2026.

Resolution No. 26-06

___________________________
Cynthia Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
I, Richard Iglesias, City Clerk of the City of Cudahy, do hereby certify that the foregoing Resolution was adopted by said City Council of the City of Cudahy at a meeting of the City Council of the City of Cudahy held on the 17th day of March, 2026 and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

1 2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Citywide Signal Improvement Project)
(Parties: Kimley-Horn and Associates, Inc. and City of Cudahy) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 3rd day of December 2024 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires engineering services for the preparation of PS&E (Plan, Specification and Estimate) for Citywide Signal Improvement Project – HSIP Cycle 11 – City Project No. TRE-009; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of December 3, 2024, under Agenda Item No. 14B.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of ONE (1) year, (hereinafter, the “Term”), commencing from the Effective Date. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term may be extended for an additional one-year period at the option of the CITY, provided that CITY provides CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.

1.2 SCOPE OF SERVICES:

Attachment B Page 128 of 237
A. Subject to the terms and conditions of this Agreement, CONSUL TANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "RFP to Provide Design Engineering Services For The Preparation of PS&E (Plan, Specifications And Estimates) For Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project, HSIPL-5369(016)" (hereinafter, "CITY RFP") and the written proposal of CONSUL TANT entitled "Technical Proposal for HSIPL-5369(016) Cudahy Citywide Signal Improvement Project" (hereinafter, the "CONSUL TANT Proposal"). The CITY RFP and the CONSULT ANT Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Services" shall be a collective reference to the CITY RFP and the CONSUL TANT Proposal. The capitalized term "Services" shall be a collective reference to all the various services and tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSUL TANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF SERVICES:

A. Time is of the essence for this Agreement and each and every provision contained herein. The Services shall be commenced within ten (10) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). CONSUL TANT shall complete the various tasks identified in the Scope of Services within the timeframes set forth in the Scope of Services and shall complete all of the Services by or before December 3, 2025 (the "Completion Date");
B. CONSUL TANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; C. CONSULT ANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULT ANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULT ANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSUL TANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULT ANT shall at all times enforce strict discipline and good order among CONSUL TANT's employees; and
2

CONSUL TANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Services in accordance with the "City of Cudahy Design of Signal Improvements Project" which is attached and incorporated hereto as Exhibit "C" (hereinafter, the "COMPENSATION RATE").

The foregoing notwithstanding, CONSUL TANT's total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of ONE HUNDRED EIGHT THOUSAND NINETY-TWO AND ONE CENT ($108,092.01) (hereinafter, the "Not-to-Exceed Sum") during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULT ANT's charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULT ANT's performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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

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

1.7 ABANDONMENT BY CONSUL TANT: In the event CONSULTANT ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSUL TANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULT ANT in the performance of this 3 F.

Agreement. Furthermore, CONSULT ANT will only be compensated for the reasonable value of the services, tasks and other Services performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULT ANT's cessation or abandonment.

11. PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Ted Semaan, Senior Engineer (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or the City Representative's designee will act on behalf of the CITY for all purposes under this Agreement. CONSULT ANT will not accept directions or orders from any person other than the City Representative or the City Representative's designee.

2.2 CONSUL TANT REPRESENTATIVE: CONSUL TANT hereby designates Jean Fares, Senior Vice President, to act as its representative for the performance of this Agreement (hereinafter, 11Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSUL TANT for all purposes under this Agreement. Consultant Representative or Consultant Representative's designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULT ANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULT ANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSUL TANT will be subject to inspection and approval by City Representative or his or her designees.

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

A. CONSULT ANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSUL TANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
4

C. CONSULT ANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSUL TANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSUL TANT shall be liable for all violations of such laws and regulations in connection CONSUL TANT's performance of the Services. If CONSULT ANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSUL TANT shall be solely responsible for all costs arising therefrom;
E. CONSULT ANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSUL TANT's employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSUL TANT; and
G. All of CONSUL TANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSUL TANT will perform, at CONSULT ANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULT ANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULT ANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULT ANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(8), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSUL TANT or on CONSUL TANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSUL TANT, including but not limited to the representation that CONSULT ANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).

2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSUL TANT 5

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

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. CITY retains CONSULT ANT on an independent contractor basis and not as an employee. CONSUL TANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSUL TANT's competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULT ANT are not employees of CITY and will at all times be under CONSUL TANT's exclusive direction and control. CONSULT ANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSUL TANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSUL TANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSUL TANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULT ANT, a threat to persons or property, or if any of CONSUL TANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSUL TANT and will not be reassigned to perform any of the Services.
6

2.8 COMPLIANCE WITH LAWS: CONSUL TANT will keep itself informed of and in compliance with all applicable federal, statel or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSUL TANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.

Department of Housing and Urbanization.

2.9 NON-DISCRIMINATION: CONSUL TANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, colorl national originl handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULT ANT and all persons retained or employed by CONSUL TANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY.

CONSULT ANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSUL TANT and all persons retained or employed by CONSUL TANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf ofl or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULT ANT under this Agreement or is otherwise expressly conferred by CITY in writing.
111.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before commencing the Services, CONSUL TANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULT ANT will procure and maintain the following insurance coverage, at its own expense:

A
B.

Commercial General Liability Insurance: CONSULT ANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement! CONSUL TANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability 7

C.

D.

Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

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

Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULT ANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSUL TANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted or licensed in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance, except professional liability, worker's compensation and employer's liability provided by CONSUL TANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSUL TANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULT ANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers. 8

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.

Accordingly, CONSUL TANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Services, CONSUL TANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY's written request, CONSUL TANT will also provide CITY with copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.

IV.

INDEMNIFICATION

4.1 CITYs elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the "City lndemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City lndemnitees with the fullest protection possible under the law.

CONSULT ANT acknowledges that CITY would not enter into this Agreement in the absence of CONSUL TANT's commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULT ANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSUL TANT. CONSUL TANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its 9

officials, officers, employees, agents, or volunteers.

4.2 To the fullest extent permitted by law, CONSUL TANT shall indemnify, hold harmless and defend the CITY lndemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULT ANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSUL TANT under this Agreement, any amount due to CITY from CONSULT ANT as a result of CONSULT ANT's failure to either pay CITY promptly for any costs associated with CONSULT ANT's obligations to indemnify the CITY lndemnitees under this Article or related to CONSUL TANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSUL TANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULT ANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSUL TANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULT ANT in the performance of this Agreement. In the event CONSULT ANT fails to obtain such indemnity obligations from others as required herein, CONSUL TANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSUL TANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSUL TANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not and shall not waive any rights that it may possess against CONSUL TANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or 10

normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULT ANT will be compensated only for those services and tasks which have been performed by CONSUL TANT up to the effective date of the termination.

CONSUL TANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSUL TANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULT ANT in connection with the performance of the Services.

CONSULT ANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.28 and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSUL TANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULT ANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation, or work product which CONSULT ANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSUL TANT may 11

submit a written request for additional time to cure the Event of Default upon a showing that CONSULT ANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.28.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSUL TANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.28.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULT ANT to perform any duty, obligation, service or task set forth under this Agreement ( or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULT ANT will include, but will not be limited to the following: (i) CONSULT ANT's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULT ANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULT ANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSUL TANT, whether voluntary of involuntary; and/or (v) CITY's discovery that a statement representation or warranty by CONSUL TANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSUL TANT within fortyfive (45) calendar days of CONSUL TANT's issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULT ANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULT ANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSUL TANT's performance under this Agreement pending
12

CONSUL TANTs cure of any Event of Default by giving CONSUL TANT written notice of CITY's intent to suspend CONSULT ANTs performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSUL TANT will be compensated only for those services and tasks which have been rendered by CONSULT ANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULT ANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULT ANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULT ANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSUL TANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULT ANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSUL TANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in 13

this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULT ANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULT ANT will require all subcontractors and subconsultants working on behalf of CONSUL TANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULT ANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULT ANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULT ANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULT ANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSUL TANT warrants and represents that neither CONSUL TANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSUL TANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
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6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CITY:

City of Cudahy
Public Works Department
Attn: Ted Semaan, Senior Engineer
Cudahy City Hall
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
CONSUL TANT:

Kimley-Horn and Associates, Inc.
660 S. Figueroa St. #2050
Attn: Jean Fares, Sr. Vice President
Phone: (213) 261-4040
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION: FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSUL TANT will not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSUL TANT.

6.8 CONFLICTS OF INTEREST:

A. CONSUL TANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSUL TANT, to solicit or secure this Agreement. Further, CONSUL TANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSUL TANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
15

B. CONSUL TANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSUL TANT in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.

C. CONSULT ANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSUL TANT warrants and represents that no owner, principal, partner, officer, or employee of CONSUL TANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSUL TANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSUL TANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSUL TANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSUL TANT will be required to reimburse the CITY for any sums paid to CONSUL TANT. CONSUL TANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
16

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT: MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSUL TANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSUL TANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSUL TANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 Representative such delay is justified. The CITY Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSUL TANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSUL TANT's sole 17

remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULT ANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

Date: 11- /� lz'1 I 1
tephanie Arechiga
City Attorney
Date: I 2..-/ � / Z.Lf I I
19 KIMLEY HORN AND ASSOCIATES,
INC.

By:-!dt,/J,.A /J-�
Na--.-"3co-.,_ f>.:'f4-.c.�• V£
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EXHIBIT A

REQUEST FOR PROPOSALS FROM CITY
20

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATE)

FOR CUDAHY CITYWIDE SIGNAL IMPROVEMENTS PROJECT
PROJECT NO. TRE-009
HSIP CYCLE 11 PROJECT, HSIPL-5369(016)

IN THE CITY OF CUDAHY, CALIFORNIA
August 15, 2024

DELIVERY ADDRESS
City of Cudahy
5220 Santa Ana St,
Cudahy, CA 90201
Attn: Ron Bow
Interim Public Works Director

REQUIRED NUMBER OF PROPOSALS
Three (3) hard copies and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Ron Bow
Interim Public Works Director
[email protected]

PRE-PROPOSAL MEETING
None

PROPOSAL DUE DATE
September 11, 2024, 4:00 PM

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California Table of Contents
Table of Contents

1. Introduction 1

2. Project Description 1

3. RFP Schedule 1

4. Scope of Services 2

5. Key Personnel 4

6. City’s Standard Professional Services Agreement 4

7. Insurance Coverage Limits and Requirements 5

8. Consultant Selection Methodology 5

9. Prevailing Wage Rates 6

10. Contract Award 6

11. Required Format for Technical Proposal Submittal 7

12. Fee Estimate Proposal Submittal 8

13. Questions Regarding This RFP 8

14. Proposal Submittal Protocol 8

15. Pre-Contractual Expenses In Responding To The RFP Preparation 9 Attachments:

Attachment A – Affidavit of Non-Collusion
Attachment B – Claims History
Attachment C – Sample Professional Services Agreement
Attachment D – Project Funding Application

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E
(PLAN, SPECIFICATIONS AND ESTIMATES)

FOR CUDAHY CITYWIDE SIGNAL IMPROVEMENTS PROJECT
PROJECT NO. TRE-009
HSIP CYCLE 11 PROJECT, HSIPL-5369(016)

IN THE CITY OF CUDAHY, CALIFORNIA
August 15, 2024
To interested and qualified Consultants:

The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN

ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN,

SPECIFICATIONS AND ESTIMATES) FOR CUDAHY CITYWIDE SIGNAL IMPROVEMENTS PROJECT, HSIP CYCLE 11 PROJECT, HSIPL-5369(016).

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit three (3) hard copies and one (1) electronic copy (pdf) of their Proposals no later than September 11, 2024, 4:00 PM, to:

Ron Bow
Interim Public Works Director
5220 Santa Ana St,
Cudahy, CA 90201
If you have any questions, please contact via email (no telephone calls):

Ron Bow
Interim Public Works Director
[email protected]
Late proposals will not be accepted.

Sincerely,
Ron Bow
Interim Public Works Director
City of Cudahy

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES)

FOR CUDAHY CITYWIDE SIGNAL IMPROVEMENTS PROJECT
PROJECT NO. TRE-009
HSIP CYCLE 11 PROJECT, HSIPL-5369(016)

IN THE CITY OF CUDAHY, CALIFORNIA
August 15, 2024

1. INTRODUCTION
The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN

ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN,

SPECIFICATIONS AND ESTIMATES) FOR CUDAHY CITYWIDE SIGNAL IMPROVEMENTS PROJECT, HSIP CYCLE 11 PROJECT, HSIPL-5369(016).

2. PROJECT DESCRIPTION
The proposed traffic safety improvements include installation of retro-reflective backplates, implementation of Leading Pedestrian Interval (LPI) timing, re-stripe crosswalks to implement high-visibility crosswalks, upgrading controllers, cabinets and battery backup systems at various signalized intersections.

This project (including the requested design services) will be funded by state funds, there are no federal funds involved.

Proposed improvements are described in detail in the Project Funding Application (see Attachment D. Project Funding Application). at various signalized intersections.

3. RFP SCHEDULE
Below is the tentative RFP schedule and is subject to change by the City:

Request for Proposals Posted and Issued August 15, 2024 Deadline for Receipt of Questions August 30, 2024, 5:00 PM Addendum (if necessary) to Respond to Questions September 4, 2024, 5:00 PM Deadline for Receipt of Proposals (RFP Due
Date)
September 11, 2024, 4:00 PM

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 2
Contract Awarded by City Council (tentative) Oct 2024

4. SCOPE OF SERVICES
The project scope includes preparation of all necessary plans and to provide to the City a complete PS&E Bid Package ready for bidding. The following description of work defines the general project requirements. Associated tasks and provisions necessary for a complete project, but not specifically defined herein are to be addressed in the proposal and undertaken within the proposed “Not to Exceed” contract fee.

The scope of work generally includes:

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process. b. Coordinate bi-weekly progress virtual meetings with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions of the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates, and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

Task 2. Utility Coordination
a. The Consultant shall ensure the final design is compatible with all utilities within the project area whether they are protected in place, removed, installed, relocated, adjusted, or otherwise modified. This includes contacting each affected agency and coordinating the proposed improvements with them. Any necessary utility work should be incorporated into the construction schedule, if necessary. b. Coordinate with the affected utility companies within the project limits, and any applicable agencies, as necessary, and notify the utility company/agency of the project. Maintain a utility contact matrix documenting contacts, coordination, etc. with utility companies.
c. Perform all necessary research to establish the precise location of all utilities. All utilities (including overhead) must be identified and shown on the plans. d. The preliminary and finals plans are to be sent to all utility companies with a response request.

Task 3. Preliminary Engineering
a. Environmental. The project is assumed to be categorically exempt.

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 3
b. Right-of-Way. All work is assumed to be within existing public ROW. The design consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the consultant shall show them on the plans. The City will obtain TCE’s from adjacent property owners. c. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data. d. Conduct necessary field surveys to assess existing conditions of the project area. e. Develop preliminary design plans.
f. Prepare preliminary cost estimate. Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
g. Prepare Technical specifications.

Task 4. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilize the Standard Specifications for Public Works Construction (“Greenbook”) and Caltrans Standard Plans and Specifications for traffic signal related elements.
e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Caltrans LAPM Forms for PSE Certification and E-76 construction authorization:

The selected design consultant’s scope of work includes preparation of necessary technical documents, including necessary Caltrans LAPM Forms for PSE Certification and E-76 construction authorization after completion of PS&E Package, and all documents as necessary to provide the City an approved bid package ready for bid advertisement.

Task 5. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 4
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

Task 6. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.

Task 7. Prepare Traffic Signal Timing Charts
a. Consultant shall prepare local intersection traffic signal timing charts for each intersection as part of the project to be implemented by the construction contractor.

Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.

It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with the Project Funding Application, Project Funding Agreement, this RFP and all applicable standards and requirements, and provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 5
The RFP includes a sample of City’s Professional Services Agreement (Agreement) as Attachment C. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment C.

8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:

Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design with required time duration 15 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.

One-Step RFP: This Project will use One-Step RFP method per LAPM, as the scope of work is Project–specific and defined.

City Selection Panel will review the proposals received, and rank them based on the above Evaluation Criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 6
and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.

After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.

9. PREVAILING WAGE RATES
Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

1. DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html

2. DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

3. Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance

10.CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 7
negotiations with the next highest qualified proposer in sequence until an agreement is reached.

11.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

Cover Letter: Emphasize strong points of the project team and the firm’s experience.

Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 90 days.

Table of Contents: Provide contents of proposal.

Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that the firm will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.

Section 2: Schedule: Provide a detailed project schedule. Use November 4, 2024 as the start date of City’s Notice to Proceed with the project. Show project tasks, durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process. The final PS&E shall be submitted within 3 months of City’s Notice to Proceed, excluding City and Caltrans review times.

Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.

Provide resumes of all key personnel identified in the organization chart.

Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants.

Section 5. References: Provide 5 Public Agency references for similar projects.

Section 6. City’s Standard Professional Services Agreement (see Attachment C.

Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement (Agreement), which will be executed by the selected consultant. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 8
provided by the consultant.

Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

12.FEE ESTIMATE PROPOSAL SUBMITTAL
The Fee Estimate Proposal shall be submitted in a separate sealed envelope. Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates. Consultant shall also provide its Schedule of Standard Hourly Fee Rates.

13.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

Ron Bow
Interim Public Works Director
[email protected]
Questions regarding this proposal shall be submitted via email to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

14.PROPOSAL SUBMITTAL PROTOCOL

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 9
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Technical Proposal, 3 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

TECHNICAL PROPOSAL
Design Services for HSIPL-5369(016)
Cudahy Citywide Signal Improvements Project , HSIP Cycle 11 Project • Envelope 2: Fee Proposal, 3 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

FEE PROPOSAL
Design Services for HSIPL-5369(016)
Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project Proposal submittal due date is:

September 11, 2024, 4:00 pm
Proposals shall be addressed to:

City of Cudahy
5220 Santa Ana St,
Cudahy, CA 90201
Attn: Ron Bow
Interim Public Works Director
Late proposals will not be accepted.

15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract

RFP To Provide Design Engineering Services for Cudahy Citywide Signal Improvements Project, HSIPL-5369(016) City of Cudahy, California RFP, Page 10
execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW

Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D Project Funding Application

Attachment A, Page 1

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of Cudahy in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Cudahy of the true facts relating to the submission of Offers for this contract.
_________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: __________________________

Attachment B, Page 1

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).

Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

Attachment C

ATTACHMENT C
Professional Services Contract

PROFESSIONAL SERVICES AGREEMENT
([Replace w/ Name of Consultant - Replace w/ Brief Description of Engagement] ) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ___________day of _________________ 20______ (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and [____REPLACE WITH NAME OF CONSULTANT____], a [___REPLACE WITH TYPE OF ENTITY, E.G., CORPORATION? PARTNERSHIP? SOLE PROPRIETORSHIP? ETC.____] (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services:__________________________; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in DRAFT Page 164 of 237

the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall have a term of [___REPLACE TEXT WITH TERM PERIOD: X# of DAYS? MONTHS? YEARS?] commencing from [_REPLACE TEXT WITH START DATE OF TERM: CAN BE EITHER the “EFFECTIVE DATE”? SOME OTHER DATE?]. [OPTIONAL LANGUAGE: Upon the
conclusion of the Term, this Agreement shall renew automatically for a maximum of [_MAXIMUM NUMBER OF EXTENSION TERMS AND MAXIMUM DURATION OF EACH SUCH EXTENSION TERM. EDITOR’S NOTE: IT IS

RECOMMENDED THAT ANY INDIVIDUAL EXTENSION TERM NOT EXCEED

ONE YEAR IN DURATION AND THAT THE TOTAL NUMBER OF EXTENSION

TERMS NOT EXCEED A MAXIMUM OF TWO YEARS BEYOND THE END OF THE INITIAL TERM] …….., unless CITY issues written notice of its intent not to authorize an additional extension term(s). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is [_____THIS LANGUAGE MAY VARY DEPENDING ON THE LOCATION OF ANY APPLICABLE COMPENSATION SCHEDULE – SOME SCHEDULES

ARE EMBEDDED IN THE SCOPE OF SERVICES WHILE OTHERS CAN BE

FOUND IN A SEPARATE STAND-ALONE SCHEDULE WHICH SHOULD BE ATTACHED AS AN EXHIBIT TO THE AGREEMENT______] (hereinafter, the “Approved Rate Schedule”).

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

1.4 PAYMENT OF COMPENSATION: Reserved; No text.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement.

DRAFT Page 165 of 237

CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Superintendent and [____REPLACE WITH TITLE OF CITY REPRESENTATIVE WHO WILL BE

ENGAGED IN THE DAY-TO-DAY ADMINISTRATION OF THE
CONTRACT_______] (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [__INSERT NAME AND TITLE OF PERSON WHO IS CONSULTANT

REPRESENTATIVE FOR PURPOSES OF CONTRACT
ADMINISTRATION________] to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY DRAFT Page 166 of 237

Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

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

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

The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion.

The Parties acknowledge and agree that CITY’s acceptance of any work DRAFT Page 167 of 237

performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

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

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

CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, DRAFT Page 168 of 237

contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

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

2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate DRAFT Page 169 of 237

for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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

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

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

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.

As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed DRAFT Page 170 of 237

officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except DRAFT Page 171 of 237

such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION
DRAFT Page 172 of 237

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has DRAFT Page 173 of 237

commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period.

The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced
efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of DRAFT Page 174 of 237

Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.

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CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically.

This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconslutants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

DRAFT Page 176 of 237

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:
[_REPLACE WITH Business Name of
Consultant_]
[_REPLACE WITH Business
Address_]
Attn: [_REPLACE WITH Name/Title of
Consultant’s chief contact ___]
Phone: [_REPLACE WITH Phone
Number_]
Fax: [_REPLACE WITH Fax
Number__]
Email: [_If available, REPLACE WITH
e-mail or simply delete_]
City of Cudahy
[Insert Name of Department/Division]
5220 Santa Ana Street
Cudahy, CA 90201
Attn: [___Title of CITY Contact___]
Phone: [___REPLACE WITH Dept
Phone__]
Fax: [___REPLACE WITH Dept
Fax___]
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

DRAFT Page 177 of 237

6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

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6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: .This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

DRAFT Page 179 of 237

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

CITY OF CUDAHY:

By:______________________________
Alfonso Noyola, City Manager
Date:_____________________________

[REPLACE WITH BUSINESS NAME OF
CONSULTANT, E.G., ACME CORP., A
CALIFORNIA CORPORATION ETC.]:

By:______________________________
Name:____________________________
Title:_____________________________
Date:_____________________________
APPROVED AS TO FORM:

By:______________________________

Date:_____________________________

DRAFT Page 180 of 237
Attachment D

ATTACHMENT D
Project Funding Application

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

APPLICATION FORM FOR LOCAL

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 04/2022)
Local Assistance Programs Guidelines
Application ID 07-Cudahy-1

APPLICATION SUMMARY
This summary page is filled out automatically once the application is completed.

After the application is finalized, please save this PDF form using the exact "Application ID" (shown below) as the file name.

Application ID 07-Cudahy-1
Important: Review and follow the Application Form Instructions step-by-step as you complete the application. Completing an application without referencing the instructions will likely result in an incomplete application or an application with fatal flaws that will be disqualified from the ranking and selection process.

Submitted By (Agency)
Cudahy
Caltrans District
07 Application Number
1 Out of
1 Project Location
Signalized Intersections Citywide
Project Description
Install retro-reflective backplates, other signal improvements, and implement Leading Pedestrian Interval (LPI) timing at all signals Citywide.

Re-stripe crosswalks to implement high-visibility crosswalks at all signalized intersections.

Application Category
Benefit Cost Ratio (BCR)
Total Project Cost
$1,353,100
HSIP Funds Requested
$1,217,790
Benefit Cost Ratio (BCR)

22.88

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

APPLICATION FORM FOR LOCAL

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 04/2022)
Local Assistance Programs Guidelines
Application ID 07-Cudahy-1

Basic Information
Date: Sep 12, 2022 Caltrans District: 07 MPO: SCAG
Agency: Cudahy County: Los Angeles County
Total number of applications being submitted by your agency: 1 Application Number (each application must have a unique number): 1 Check if this application is one of the multiple ones for the same project (please review the form instructions for explanation).

Contact Person Information
Name (Last, First): Hernandez-Torres, Aaron
Position/Title of Contact Person: Public Works Director/City Engineer Email: [email protected] Telephone: (323) 773-5143 Extension: 228 Address: 5220 Santa Ana Street
City: Cudahy Zip Code: CA 90201 (Enter only a 5-digit number) Application Category: Benefit Cost Ratio (BCR)
Project Information
Project Title:
-Be Brief (Limited to 100 Characters)
Citywide Signal Improvements
Project Location:
-Be Brief (Limited to 250 Characters)
-See Application Form Instructions
Signalized Intersections Citywide
Project Description:
-Be Brief (Limited to 250 Characters)
-See Application Form Instructions
Install retro-reflective backplates, other signal improvements, and implement Leading Pedestrian Interval (LPI) timing at all signals Citywide. Re-stripe crosswalks to implement high-visibility crosswalks at all signalized intersections.

Total Project Cost
$1,353,100
HSIP Funds Requested
$1,217,790
Benefit Cost Ratio (BCR)
(Required for a BCR application. Skip for Funding Set-Aside application)

22.88 □
□
□
--F~----========-----=-----__ ....!

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

APPLICATION FORM FOR LOCAL

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 04/2022)
Local Assistance Programs Guidelines
Application ID 07-Cudahy-1

1. Project Identification
Describe how the agency identified the project as one of its top safety priorities. Was a data-driven safety evaluation of their entire roadway network completed? Do the proposed project locations represent some of the agency's highest fatal and injury crash concentrations and types of crashes?
(Limited to 5,000 characters)
The City of Cudahy has recently completed a Local Roadway Safety Plan (LRSP), which analyzed Crossroads collision data between January 2017 to December 2021 across the City’s entire roadway network. Through this process a list of intersections and roadway segments with high incidences of collisions was developed. This process identified the need for signalized improvements at high collision locations Citywide. These locations represent the locations with some of the highest concentration of fatal and injury collisions Citywide.

The City has also completed a PACT document, which consists of a Pedestrian Target Safeguarding Plan (PTS), an Active Transportation Plan (AT Plan), a Complete Streets Ordinance (CSO), and a Trails Master Plan (TMP). This document has also identified several potential safety improvements which influenced the development of this HSIP project.

Countermeasure 1: Implement a Leading Pedestrian Interval (LPI) signal timing (S21PB) All signalized intersections were chosen for retroreflective backplates due to the high incidence of collisions at these locations. From January 2017 to December 2021, there were 375 collisions at signalized locations, resulting in 3 fatalities and 5 life-changing severe injuries. At this location there were 34 pedestrian and bicycle collisions. Implementation of Leading Pedestrian Interval (LPI) signal timing and high visibility crosswalks is recommended at all signalized intersections in the City. Leading Pedestrian Interval (LPI) timing and high visibility crosswalks have been shown to increase safety for pedestrians and bicyclists.

Countermeasure 2: Install retroreflective backplates at all Signalized Intersections (S02) All signalized intersections were chosen for retroreflective backplates due to the high incidence of collisions at these locations. From January 2017 to December 2021, there were 375 collisions at signalized locations, resulting in 3 fatalities and 5 life-changing severe injuries. At this location there were 34 pedestrian and bicycle collisions. Implementation of Leading Pedestrian Interval (LPI) signal timing and high visibility crosswalks is recommended at all signalized intersections in the City. Leading Pedestrian Interval (LPI) timing and high visibility crosswalks have been shown to increase safety for pedestrians and bicyclists.

Countermeasure 3: Implement High Visibility Crosswalks (S18PB) All signalized intersections were chosen for retroreflective backplates due to the high incidence of collisions at these locations. From January 2017 to December 2021, there were 375 collisions at signalized locations, resulting in 3 fatalities and 5 life-changing severe injuries. At this location there were 34 pedestrian and bicycle collisions. Implementation of Leading Pedestrian Interval (LPI) signal timing and high visibility crosswalks is recommended at all signalized intersections in the City. Leading Pedestrian Interval (LPI) timing and high visibility crosswalks have been shown to increase safety for pedestrians and bicyclists.

2. Prior Attempts to Address the Safety Issues
List all other projects/countermeasures that have been (or are being) deployed at the location(s) within the last 5 years. Applicants must identify all federal and/or state funds that have been used or approved within the proposed project limits within the last 5 years. Normally HSIP funding cannot be used to construct safety countermeasures at the same locations within 5 years. (Limited to 5,000 characters)
The City has been working on a traffic calming program to reduce speeds on City streets. The City is currently implementing a grant to improve the Atlantic Avenue Corridor to create a more multimodal / pedestrian friendly environment.

3. Other Comments
Explain here if this project has any special circumstances or if you have other comments. Enter “NA” if none. (Limited to 5,000 characters)
NA

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

APPLICATION FORM FOR LOCAL

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 04/2022)
Local Assistance Programs Guidelines
Application ID 07-Cudahy-1

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

APPLICATION FORM FOR LOCAL

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 04/2022)
Local Assistance Programs Guidelines
Application ID 07-Cudahy-1

Application Attachments (See Application Form Instructions) Please attach all files as needed. Note: files may not be attachable if file is open. Close before attach.

1. Local Roadway Safety Plan (LRSP) Certification (Required for all projects)

2. Engineer's Checklist
EngrCheckList-BCR2022_Signed.pdf
(Required for all projects)

3. Vicinity map/Location map
3_CudahyCitywide_Vicinity Map.pdf
(Required for all projects)

4. Project maps/plans showing existing and proposed conditions 4_CudahyHSIP_Project Improvements - Existing and Proposed.pdf (Required for all projects)

5. Pictures of Existing Condition
5_Pictures_Existing_Conditions.pdf
(Required for all projects)

6. HSIP Analyzer
6_CudahyCitywide_HSIPAnalyzer2022BCRsr.pdf
(Required for all projects)

7. Collision diagram(s)
7_CudahyHSIP_Collisions Map.pdf
(Required for a BCR application)

8. Collision List(s)
8_CudahyHSIP_Collision List.xlsx
(Required for a BCR application)
Warrant Studies
Check if the project includes new installation of certain traffic control devices (e.g., traffic signals, pedestrian signals, etc.). If yes, Traffic Signal Warrant 4, 5 and/or 7 must be met (CA MUTCD Chapter 4C).

9. Warrant Studies (Not required for this project)
Work on the State Highway System
Does the project include improvements on the State Highway System? Yes, and the project will be jointly-funded with Caltrans (Must be jointly-funded if the project is for intersection safety improvement involving SHS).

A formal Letter of Support from Caltrans District Traffic is required. The letter should include estimates of cost sharing.

Yes, but the project will not be jointly-funded with Caltrans.

A written correspondence from Caltrans District Traffic is required. The correspondence should indicate that Caltrans does not see issues that would prevent the proposed project from receiving an encroachment permit.

No.

10. Letter/email of Support from Caltrans (No SHS involved - not required for this project)

11. Additional narration, documentation, letters of support, etc. (Optional) □
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May 2022 HSIP Cycle 11 Application, Engineer's Checklist (for BCR Applications) HSIP Cycle 11 Application - Engineer's Checklist
(For BCR Applications)
This application checklist is to be used by the engineer In "responsible charge" of the preparation of this HSIP application, based on the final application and application attachments as submitted to Caltrans. The engineer's initials and stamp should not be placed until the application has been finalized.

The purpose of this checklist is to ensure all of the primary elements of the application are included and the application is free of errors, allowing the application to be accurately ranked in the statewide selection process. Applications with errors in the supporting data will not be considered in the project selection process.

Special Considerations for Engineers before signing and stamping this document attesting to the accuracy of the application:

Chapter 7; Article 3; Section 6735 of the Professional Engineer's Act of the State of California requires engineering calculations or reports be either prepared by or under the responsible charge of a licensed civil engineer. Since the corresponding HSIP application defines the scope of work of a future civil construction project and requires complex engineering principles and calculations which are based on the best data available at the time of the application, the application must be signed and stamped by a licensed civil engineer.

By signing and stamping this document the engineer is attesting to this application's technical information and engineering data upon which local agency's recommendat;ons1 conclusions1 and decisions,are made. This action is governed by the Professional Engineer's Act and the corresponding Code of Professional Conduct, under Sections 6775 and 6735.

1. Vicinity map /Location map
a. The project limits must be clearly depicted in relation to the overall agency boundary

2. Project layout-plan showing existing and proposed conditions must:
,<.

Engineer's Initials: IJ/11
,,..-
Engineer's Initials: VA
a. Be to a scale which allows the visual verification of the overall project limits and the construction limits of each safety countermeasure (CM) included in the application's benefit calculation b. Show the full scope of the proposed project, including any non-safety construction items c. Show the "Influence Area" for each safety CM included in the application's benefit calculation d. Show all changes to existing lanes and shoulder widths. Label the proposed widths e. Show limits of all roadway excavation/demolition
f. Show agency's right of way (ROW) lines. (Also show ROW of the State, Railroad, and all other government agencies if applicable)

3. Project cross-section showing existing and proposed conditions. ~ (Only required for projects with roadway excavation, cut/fill slopes, ond changes to lane widths) L!::.J Check if not applicable (no initials required when not applicable) Engineer's Initials: __ _
a. Show dimension, changes, ROW lines, safety CMs, etc. llPage

May 2022 HSIP Cycle 11 Application, Engineer's Checklist (for BCR Applications)

4. Countermeasure Selection: ~ Engineer's Initials: / ·t a. The CMs used are appropriate and reasonable based on the application instructions and the Local Roadway Safety Manual.

5. Crash Data used in the Benefit Cost Ratio (BCR) calculations:

Engineer's Initials:
a. Must be from a reliable and well documented source
b. Must be within influence area of CMs and must be applied to CMs using generally accepted traffic engineering principles
/Example: If the CM only addresses the northbound Jones of a divided roadway, then southbound crashes should be excluded.) c. Must be accurately shown in collision diagrams and collision lists attached to this application d. Must be presented in terms of the number of crashes (not the number of injuries and fatalities) e. Should be based on the most recent data available and must have a minimum 3 years and maximum 5 years of data (Note: COVID pandemic may have impacted traffic volumes and crash patterns at the project sites. Applicants are allowed to use crash data prior to COVID pandemic if desired)

6. Collision Diagrams (Shown separately by CM or combined) Engineer's Initials: ~ a. Should be to scale with crash locations accurately plotted b. Reveal collision patterns necessary to justify CMs
c. The influence area for each CM is shown separately on the diagrams (unless the areas are identical) d. All crashes included in the BCR Calculation must be clearly shown within the influence area of that CM e. Totals for each Location and/or CM are shown with crashes segregated based on Crash Severity f. The totals shown match the data in the Collision Lists and the crash data tables in the HSIP Analyzer

7. Collision Lists (Shown separately by CM or combined) / Engineer's Initials: U fiJ
a. Totals for each Location and/or CM are shown with crashes segregated based on Crash Severity b. If the Lists includes crashes that were not appropriate to include in the BCR calculations, these crashes must be crossed through or removed and not included in the totals c. The totals shown match the data in the Collision Diagrams and the crash data tables in the HSIP Analyzer d. Each crash is only counted as one, even if there were multiple victims and/or vehicles involved

8. Detailed Engineer's Estimate and Project Cost Estimate (HSIP Analyzer - Sections IV & V) ,,..- Engineer's Initials: \..J/1-1
a. All likely construction costs associated with the project are identified and included in Section IV (Construction Cost Estimate and Cost Breakdown)
b. Each of the main project elements are broken out into separate construction items. The costs for the construction items are based on calculated quantities and appropriate corresponding unit costs c. For each non-general construction item, the ucountermeasure(s)", "Other Safety" and 11Non-safety'1 components must be properly identified and accounted for
d. The Total Construction Cost in Section IV must match the "Construction Items - Total Cost" in Section V (Project Cost Estimate) (automatic in the HSIP Analyzer)
e. The project costs of all phases must be properly accounted for in Section V 21Page

May 2022 HSIP Cycle 11 Application, Engineer's Checklist (for BCR Applications)

9. Benefit Calculation (HSIP Analyzer-Sections Ill) _,..-;; Engineer's Initials: l7&1
a. The CMs applied are selected properly based on the proposed work for safety improvements; b. The crash data time period should be a minimum of 3 years and a maximum of 5 years and the most recent available crash data should be used (Note: COVID pandemic may have impacted traffic volumes and crash patterns at the project sites. Applicants are allowed to use crash data prior to COVID pandemic if desired). c. The data in the crash data tables for each location must include only the crashes for the specified crash types and must match those in the Collision Diagrams and the Collison Lists. d. The totals for each Location match the totals shown in the Collision Diagrams and Collision Lists e. The data transferred to the application form must match the data in the HSIP Analyzer

10. jiijnt studies/guidance (Check if not applicable)
Check if not applicable (no initials required when not applicable) Engineer's Initials: __ _
a. For new signals, Warrant 4, 5 or 7 must be documented as having been met based on the CA MUTCD. For pedestrian signals (including Pedestrian Hybrid Beacon (HAWK)), the justification may be Warrant 4, 5 and/or 7, or passing the test in Figure 4F-1/4F-2 in Chapter 4F of CA MUTCD.

11. Additional narration, documentation, letters of support:

Engineer's Initials: V Jh
a. The answers to the "Narrative Questions" in the application form and the HSIP Analyzer are consistent with and support the engineering logic and the calculations in the development of the application's BCR b. When needed, clarify non-standard application of countermeasures, crashes and/or costs; appropriate documentation is attached to the application to document the engineering decisions and calculations. 3IPage

May 2022 HSIP Cycle 11 Application, Engineer's Checklist (for BCR Applications) Signature and Stamp Page
Licensed Engineer:

Name: IJ(/Soi-, Ne(c..~ OY
Title: /:;:'17/~11._v'
Engineer license Number: C lo~2. I ~
Signature: ( /---._ /J?L..---,, ...... '
Date: __ q-'----'---, _,,'g,_._2-_1:>_~_'2... ___ _
Email: \Ll't3oo. HeJe..l,-:it"@k,,,.,./~, k-91'1'1 ,c
Phone: -'~l~'i~-~7---'--o..c...=S,_.~'~3~~'-'-I __ _
Engineer's Stamp:
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~ No,
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To ensure the application 1s quality and the agency's commitment to deliver the safety project in an expedited manner, the application must be signed by the Agency's Transportation/Traffic Engineering Manager.

By signing this application, the manager is attesting to:

1. All data in the application is accurate and represents the total scope of the planned project;

2. The agency understands the Project Delivery Requirements for the HSIP Program and is prepared to deliver the project per these requirements; and

3. The agency understands if Caltrans staff determine that any of the above requirements are not met, or data is inaccurate, or the application fails to meet the program guidelines and application instructions, the application will be rejected and will not be eligible to receive HSIP funding. Due to time constraints in the evaluation process, applicants will not be notified until after the selection process is complete. Refer to the Application Instructions for more information.

Transportation Manager:

Name: _________ _
Title:

Signature: _______ _
Date: _________ _
41Page

Santa Ana St
Crafton Way
Flora Ave Clarkson Ave Bear Ave
Patata St
Live Oak Ln
Santa
Ana
Alamo Ave
Pines
Otis Ave
Florence Ave
Atlantic Ave
Elizabeth St
Wilcox Ave
Walker
Ave
Walnut St
Ardine St
Olive St
Clara St
Cudahy Dr
Salt Lake Ave
Live Oak St
Cecilia St
River Rd
Cecelia St
Flower St
Fostoria St
Hartle Ave
Legend
Intersection Control
Type
Citywide Intersection
Improvement Locations
Cudahy Boundary ±
-------- I
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• - - - - - - - - - - - -1- - - - ' - ; I ; ,
Y---~ r 7-------~ -----Lr----c/ !
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--------J
------
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Atlantic Ave & Live Oak St
(example intersection)
1 1
1 1
2 1
2 Install retroreflective backplates on all signal heads (S02) Implement Leading Pedestrian Interval (S21PB) All improvements will be implemented in City right-of-way 1 1
1 3 Install high visibility pedestrian crosswalks (S18PB) 3 3

Wilcox Ave & Live Oak St
(example intersection)
1 1
1 2
1 2 Install retroreflective backplates on all signal heads (S02) Implement Leading Pedestrian Interval (S21PB) All improvements will be implemented in City right-of-way 1 3 Install high visibility pedestrian crosswalks (S18PB) 3 3
2

Clara St & Otis Ave
(example intersection)
1 1
1 2
1 2 Install retroreflective backplates on all signal heads (S02) Implement Leading Pedestrian Interval (S21PB) All improvements will be implemented in City right-of-way 1 1
3 Restripe high visibility pedestrian crosswalks (S18PB) 3 3
DI I

Existing Conditions: Atlantic Ave at Live Oak St (example intersection) Source: Google Maps

Existing Conditions: Wilcox Ave at Live Oak St (example intersection) Source: Google Maps

Existing Conditions: Otis Ave at Clara St (example intersection) Source: Google Maps

Version Date: April 2022 HSIP Analyzer
HSIP ANALYZER (for BCR Applications)
Benefit Cost Ratio (BCR) Calculation
for Highway Safety Improvement Program (HSIP) Application Important: Review and follow the step-by-step instructions in the HSIP Analyzer Manual. Completing the HSIP Analyzer without referencing to the manual may result in an application with fatal flaws that will be disqualified from the ranking and selection process.

This is a dynamic form (i.e. later steps vary depending on the data entered in earlier steps). If any error messages appear, please fix the errors prior to proceeding to the next steps.

Save this file using "HA" + Application ID as the file name ( e.g. "HA03-Sacramento-01.pdf"). Attach the completed HSIP Analyzer to the last page of the HSIP Application Form.

Section I: General Information
Application ID, Project Location and Project Description ( copy from the HSIP Application Form):

Application ID: l!:::1 1 =====0=7=-C=u=d=a=h=y=-1=====::!lll Project Location: Various signalized intersections throughout the City. (limited to 250 characters)
Project Description: Install retro-reflective backplates, other signal improvements, and implement Leading Pedestrian Interval (limited to 250 characters) (LPI) timing at all signals Citywide. Re-stripe crosswalks to implement high-visibility crosswalks at all signalized intersections.

Number of Signalized Intersections:

I
13 I Number of Non-signalized Intersections: I 0 I
*Do not include the length of the intersections that have been Miles of Roadways*: I
0 I accounted for in the number of intersections above.

Page I ofll Application ID: 07-Cudahy-l

Version Date: April 2022
Functional Classification (FC): l~o_t_h_er_P_r_in_c_ip_a_l _A_rt_e_ri_al ________ ~ Urban/ Rural Area: l~u_r_b_an ___ ~
For California Road System (CRS)
maps to check the FC, click here.

What is the approximate total cost percentage that is HR3 eligible? l~o_% _____ ~ Annual Average Daily Traffic (see instructions):

HSIP Analyzer
AADT (Major Road) 136,874
~-----~
AADT (Minor Road) ! 11,584
~----~
Year of AADT 12015
~------~
Posted Speed Limit (mph): 135
~-----~
Which of the California's Strategic Highway Safety Plan (SHSP) Challenge Areas does the project address primarily? Multiple Challenge Areas may be checked. For example, if this project is for pedestrian safety at intersections, both "Intersections" and "Pedestrians" should be checked. For more information on the SHSP and its Challenge Areas, click here. ~ Intersections
D Emergency Response
D Lane Departures
D Emerging Technologies
~ Pedestrians
D WorkZones
How were the safety needs and potential countermeasures for this project first identified? !Jurisdiction-wide safety analysis
~ Bicyclists
Speed Management/
D Aggressive Driving
California established Systemic Safety Analysis Report Program (SSARP) in 2016 and Local Roadway Safety Plan (LRSP) Program in 2019. Was this project identified through the SSARP or LRSP? Is the project focused primarily on "spot location(s)" or "systemic" improvements? '~S_ys_t_e_m_ic _____ ~ If it is systemic, the primary type of the "systemic" improvements is:

I upgrade Traffic Control Device
What is the primary mode of travel intended to be benefited by this project)? !Motorized users
Approximate percentage of project cost going to improvements related to motorized travel 1~6_0_% __ ~

Version Date: April 2022 HSIP Analyzer
Section II: Project Schedule
The local agency is expected to deliver the project per the HSIP Program Delivery requirements. Assuming the HSIP Cycle 11 projects selected for funding will be programmed by January 1, 2023, please enter your best estimated dates for the following implementation milestones. Leave blank if not applicable.

Will this project use HSIP funds for Preliminary Engineering {PE) Phase? l~v_e_s ---~I Will an external consultant be hired to do the PE work? I Ives 11 Delivery Milestones to be met: PE Authorization by 9/30/2023; CON Authorization by 6/30/2026.

PE Authorization Date: 109/30/2023
Environmental Clearance Date: 109/30/2024
Right of Way Clearance Date: 109/30/2024
Final PS&E Date: 109/30/2024
CON Authorization Date: 106/30/2026
Construction Contract Award Date: 109/30/2026
Construction Completion Date: 13/31/2027
Project Close-Out Date: 106/30/2027

Version Date: April 2022 HSIP Analyzer
Section III. Safety Countermeasures, Crash Data and Project Benefit Calculation The benefit of an HSIP safety project is achieved by reducing potential future crashes due to the application of the safety countermeasures (CMs). In this section, you will need to provide information regarding the historical crash data at the project sites.

Different CMs will reduce crashes of different types during the life of the safety improvements. Depending on the selected CMs for the application, you will be required to fill in one or more crash data tables, for any combination of the five crash types (datasets): "All' , "Night" , Ped&: Bike", "Emergency Vehicle", and "Animal" (Each of the later four datasets is a sub-dataset of the "All" dataset.) Note: If a Roundabout CM (516 or NS04 or NS05) is selected, additional information (such as roundabout configuration and ADI) is required.

For more information regarding crash data, please refer to the Manual for HSIP Analyzer and the Local Roadway Safety Manual.

1. Please indicate the sources of the crash data. Typical sources include Statewide Integrated Traffic Records System (SWITRS), UC Berkeley Safe TREC TIMS, your locally preferred mapping software ( such as Crossroads) or any other data sources.

I Crossroads, SWITRS

2. Please explain how "incremental approach" has been pursued if CM Rl5, Rl6, Rl7 or Rl8 is proposed. Please skip this question if none of these CMs are being proposed.

Countermeasure Rl5 (Widen shoulder), Rl6 ( Curve shoulder widening ( outside only)), Rl7 (Improve horizontal alignment (flatten curves)) and Rl8 (Flatten crest vertical curve) are not eligible unless they are done as the last step of an "incremental approach".

Applicants need to document they have already installed lower cost and lower impact CMs but the crash rate is unacceptably high. What safety improvements have been pursued and installed at the project sites within the last ten years? n/a

Version Date: April 2022 HSIP Analyzer
Step 1: Select safety countermeasures
Does this application include Signalized Intersections (SI)? Ives I Does this application include Non-signalized Intersections (NS)? INo I Does this application include Roadway Segments (R)? INo I * Normally a BCR application only includes locations of one of the above 3 categories (SI, NS or RJ. Multiple categories may be selected if the application proposes corridor safety improvements or uses a systemic approach, or the applicant chooses to bundle multiple locations in the same vicinity together.

Signalized Intersections (SI):

Click the check box in the 1st column to select up to 3 countermeasures.

I Hide unselected countermeasures 1 1
View all countermeasures I
Select No. Countermeasure Name
1 501: Add intersection lighting (5.1.) (CRF=0.4 for Night crashes; Life=20 yrs; FE=90%) ✓ 2 502: Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number (CRF=0.15 for All crashes; Life= 1 O yrs; FE=90%)
3 503: Improve signal timing (coordination, phases, red, yellow, or operation) (CRF=0.15 for All crashes; Life=l O yrs; FE=50%) 4 SOS: Install emergency vehicle pre-emption systems (CRF=0.7 for Emergency vehicle crashes; Life=lO yrs; FE=90%) 5 506: Install left-turn lane and add turn phase (signal has no left-turn lane or phase before) (CRF=0.55 for All crashes; Life=20 yrs; FE=90%) 6 507: Provide protected left turn phase (left turn lane already exists) (CRF=0.3 for All crashes; Life=20 yrs; FE=90%) 7 508: Convert signal to mast arm (from pedestal-mounted) (CRF=0.3 for All crashes; Life=20 yrs; FE=90%) 8 509: Install raised pavement markers and striping (through intersection) (CRF=0.1 for All crashes; Life=l O yrs; FE=90%) 9 510: Install flashing beacons as advance warning (5.1.) (CRF=0.3 for All crashes; Life=lO yrs; FE=90%) 10 511: Improve pavement friction (High Friction Surface Treatments) (CRF=0.55 for All crashes; Life=lO yrs; FE=90%) 11 512: Install raised median on approaches (5.1.) (CRF=0.25 for All crashes; Life=20 yrs; FE=90%) 12 S 13PB: Install pedestrian median fencing on approaches (CRF=0.35 for Ped & Bike crashes; Life=20 yrs; FE=90%) 13 514: Create directional median openings to allow (and restrict) left-turns and u-turns (5.1.) (CRF=0.5 for All crashes; Life=20 yrs; FE=90%) 14 S 1 S: Reduced Left-Turn Conflict Intersections (5.1.) (CRF=0.5 for All crashes; Life=20 yrs; FE=90%) 15 516: Convert intersection to roundabout (from signal) (CRF varies for All crashes; Life=20 yrs; FE=90%) 16 S 17PB: Install pedestrian countdown signal heads (CRF=0.2S for Ped & Bike crashes; Life=20 yrs; FE=90%) ✓ 17 S 18PB: Install pedestrian crossing (5.1.) (CRF=0.25 for Ped & Bike crashes; Life=20 yrs; FE=90%) 18 S 19PB: Pedestrian Scramble (CRF=0.4 for Ped & Bike crashes; Life=20 yrs; FE=90%) 19 520PB: Install advance stop bar before crosswalk (Bicycle Box) (CRF=0.15 for Ped & Bike crashes; Life=l O yrs; FE=90%) ✓ 20 521 PB: Modify signal phasing to implement a Leading Pedestrian Interval (LPI) (CRF=0.6 for Ped & Bike crashes; Life= 10 yrs; FE=90%)

Version Date: April 2022 HSIP Analyzer
Step 2: Click to generate table for project locations, enter the project locations and select countermeasures for each location. If any of the selections have been changed, you must re-click the below button to refresh.

I Click to Generate Table for Project Locations Entry
CMs have been selected. Ok to proceed.
+/- Line Location Location Description Click to select
No. (Intersection Name or Road Limit or General Description) Countermeasures (Signalized Intersections)
1 S02 SlSPB S21PB
~ SI_l 13 Intersection • • •

Error Messages
(must resolve)

Version Date: April 2022 HSIP Analyzer
Step 3: Click to generate tables for crash data and provide crash data. If any changes have been made in the previous two steps, you must re-click to refresh.

I Click to Generate Tables for Crash Data Entry I
No crash tables have been created since there are unresolved error messages in the last column of the location table. Please correct first.

Crash Data Period: must be between 3 and 5 years.
from (MM/DD/YYYY): I
01/01/2017 I
To (MM/DD/YYYY): I 12/31/2021 I Crash Data Period (years) = 5 Fill out the crash data table( s) for the crash type( s) as required by the selected countermeasure( s) in Step 2.

Based on the countermeasures selected in Step 2 , the crash data types to be provided are:

Crash Data Table for Crash Type: ALL
Location No : Description Fatal Severe Other Visible Complaint PDO No. of Pain Total ID (from Step 2) (ALL) Injury (ALL) Injury (ALL) (ALL) (ALL) 1 SI_l: 13 Intersection 3 5 17 61 289 375
Total 3 5 17 61 289 375
Crash Data Table for Crash Type: Pedestrians and Bic:}'.clists Involved (P&:B) Location No : Description Fatal Severe Injury Other Visible Complaint PDO No. of Pain Total ID (from Step 2) (P&:B) (P&:B) Injury (P&:B) (P&:B) (P&:B) 1 SI_l: 13 Intersection 2 2 12 48 8 72
Total 2 2 12 48 8 72

Version Date: April 2022 HSIP Analyzer
Step 4: Click to Calculate the project benefit. If any changes have been made in the previous two steps, you must re-click to refresh.

I
Click to Perform Benefit Calculation
Benefit Summarv:

Benefit by Locations
Location No: Description [CMI] Benefit [CM2] Benefit
SI 1: 13 Intersection $8,059,591 $11,516,820

Sum $8,059,591 $11,516,820
Benefit by Countermeasures
No. Countermeasure
502: Improve signal hardware: lenses, back-plates with
retroreflective borders, mounting, size, and number
2 518PB: Install pedestrian crossing (5.1.)
3 521 PB: Modify signal phasing to implement a Leading Pedestrian Interval (LPI)
4 NA
5 NA
6 NA
7 NA
8 NA
9 NA
TOTAL
I
[CM3] Benefit Total Benefit
$11,381,328 $30,957,739
$11,381,328 $30,957,739
Benefit
$8,059,591
$11,516,820
$11,381,328
$0
$0
$0
$0
$0
$0
$30,957,739
Application ID: 07-Cudahy-l

Version Date: April 2022 HSIP Analyzer
Section IV. Construction Cost Estimate and Cost Breakdown The purpose of this section is to:
o Provide a detailed engineer's estimate for construction items. The costs for other phases i.e. Preliminary Engineering (PE), Right of Way (ROW), and Construction Engineering (CE) will be accounted for in the next section. o Determine the project's maximum Funding Reimbursement Ratio (FRR).

IV.I Detailed Engineer's Estimate for Construction Items:

Cost breakdown:

For each item, enter cost percentages for this project's safety countermeasures ( CMs) and "Other Safety (OS) " respectively ( e.g. enter 10 for 10% ). The percentage for "Non-safety (NS)" is then calculated. If an item is a general one (such as traffic control, mobilization, etc.), check the 'General item" box and the cost breakdown is not needed. A general item will NOT be used in determining the project's overall percentages of countermeasures, other safety and non-safety costs.

No. Item Description Unit Quantity Unit Cost Total
~ 1 Retro-reflective Backplate PER 208 $600.00 124,800 - ~2 Leading Pedestrian Interval (LPI) PER 13 $3000.00 39,000 - ~3 High Visibility Crosswalks PER 13 $16000.00 208,000 - ~4 Pedestrian Push Button Upgrade PER 99 $1608.00 159,192 - ~5 Controller Upgrade PER 13 $7500.00 97,500 -
~6 Cabinet Upgrade PER 13 $12000.00 156,000
~7 Install Battery Backup PER 6 $15000.00 90,000
~8 Traffic Control LS 1 $27000.00 27,000
~9 Mobilization LS 1 $43725.00 43,725
+
- IO -
Weighted Average(%)
Total($) $945,217
Contingencies, as% of the above "Total" of the construction items: ~ I $lS9, 043
(e.g. enterl0forl0%) L....::.'.J~. ---~
Total Construction Cost (Con Items&: Contingencies):
(Rounded up to the nearest hundreds)
IV.2 Funding Reimbursement Ratio
Project's Maximum Funding Reimbursement Ratio ~ 90.0%
$1,134,300
General Item? % %for %for (Click center forCMs OS NS to check) 100 % % 0 %
100 % % 0 %
100 % % 0 %
% 100 % 0 %
100 % % 0 %
% 100 % 0 %
% 100 % 0 %
X 0 % 0 % 0 %
X 0 % 0 % 0 %
% % 100 %
54% 46%
The project's Maximum Funding Reimbursement Ratio is calculated from the least of the FEs of the project's countermeasures and reduced if the non-safety cost percentageis in excess of 10%. See the HSIP Analyzer Manual for details. This is the maximum value allowed to be entered in 'HSIPIT otal(o/o) • column in Section 11 (Project Cost Estimate).

Version Date: April 2022 HSIP Analyzer
Section V. Project Cost Estimate
All project costs, for all phases and by all funding sources, must be accounted for on this form. i. "Total Cost": Round all costs up to the nearest hundred dollars. ii. "HSIP/Total (%)": The maximum allowed is the project's Funding Reimbursement Ratio (FRR) as determined in Section I. Click the button to assign the maximum to all, OR enter if not the maximum. iii. "HSIP Funds" and "Local/Other Funds" are calculated.

Pay attention to the interactive warning/error messages below the table. The messages, if any, must be fixed, or exceptions should be justified in narrative question No. 3 in the HSIP Application Form.

Project's maximum Funding Reimbursement Ratio (FRR)
(from Section I, rounded up to integer)
To set all "HSIP/Total (%)" in the below table
to the above maximum FRR, click "Set":

Description Total Cost HISP/Total
(%)
Preliminary Engineering (PE) Phase
Environmental $0 90 °lo
PS&:E $109,400 90 °lo
Subtotal - PE $109,400 90 °lo
Right of Way (ROW) Phase
Right of Way Engineering $0 90 °lo
Appraisals, Acquisitions &: $0 90 °lo Utilities
Subtotal - Right of Way (ROW) $0 °lo
Construction (CON) Phase
Construction Engineering ( CE) $109,400 90 °lo
Construction Items $1,134,300
(Read only , from Section I)
90 °lo
Subtotal - Construction $1.243.700 90 °lo
PROJECT TOTAL $1,353,100 90 °lo
HSIPFunds Local/Other Funds
$0 $0
$98,460 $10,940
$98,460 $10,940
$0 $0
$0 $0
$0 $0
$98,460 $10,940
$1,020,870 $113,430
$1,119,330 $124,370
$1,217,790 $135,310
D Agency does NOT request HSIP funds for PE Phase (automatically checked if PE , HSIP funds is $0).

Interactive Warning/Error Messages:

If there are any messages in the below box, please fix OR explain justification for exceptions in narrative question No 3 in the HSIP application form.

Version Date: April 2022 HSIP Analyzer
_Section VI. Summary
Transfer the "Total Project Cost", "HSIP Funds Requested" and the BCR to Page 2 of the HSIP Application Form.

Cost, FRR, Benefit and BCR:

Total Project Cost HSIP Funds Requested Max.FRR
11 $1,353,100 1111 $1,217,790 1111
90%
11 Total Expected Benefit Benefit Cost Ratio (BCR)
11 30,957,739 1111

22.88 11
Page llofll Application ID: 07-Cudahy-l

Santa Ana St
Crafton Way
Flora Ave Clarkson Ave Bear Ave
Patata St
Live Oak Ln
Santa
Ana
Alamo Ave
Pines
Otis Ave
Florence Ave
Atlantic Ave
Elizabeth St
Wilcox Ave
Walker
Ave
Walnut St
Ardine St
Olive St
Clara St
Cudahy Dr
Salt Lake Ave
Live Oak St
Cecilia St
River Rd
Cecelia St
Flower St
Fostoria St
Hartle Ave
Legend
Implement S02, S18PB,
and S21PB
Countermeasures
Collisions (2017-2021)
Cudahy Boundary ±
-------- I
0 • - - ., I _J
~------------, - -- - - J
I
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I ------., ,I ______ ,
--------J
------
I
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EXHIBIT B

CONSUL TANT PROPOSAL
21

SCOPE OF WORK
Our scope of services has the following key tasks:
⬙ Project Management
⬙ Utility Coordination
⬙ Preliminary Engineering
⬙ PS&E
⬙ Bidding and Construction Support
⬙ Prepare Record Drawings (As-Builts)
⬙ Prepare Traffic Signal Timing Charts
Task 1: Project Management
Kimley-Horn will attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introduction, discuss scope of work, information needed from various City departments, overall schedule, and the implementation process. After the kick-off meeting, biweekly progress meetings will be scheduled as well as meetings to review the preliminary design, 60%, 90%, and 100% submittals with City staff.

This task will consist of project coordination with the team, administration, and set up and attendance at project meetings. Kimley-Horn’s administration efforts will be: initial development and maintenance of project schedule, work plan, budget, and filing system and process monthly invoices/progress reports. We will create and maintain a detailed schedule, updating it as needed to manage the project, and as requested by the City. Kimley-Horn will maintain continuous awareness of the status of each task and any difficulties that may impede progress will be communicated, resolved, and expedited to maintain project deadlines Task 1 Deliverables:
⬙ Attendance at up to six (6) project meetings
⬙ Electronic copy of meeting agendas and meeting minutes ⬙ Schedule updates at each submittal milestone (60%, 90%, 100%) Task 2: Preliminary Engineering
Kimley-Horn will prepare the Categorical Exception documents and coordinate with the City to receive approval. As this project is state funded as part of HSIP Cycle 11, local HSIPs must meet the requirements of the CEQA.

Environmental: Based upon our preparation of environmental documentation for similar projects and a review of the Project as presented in the RFP, Kimley-Horn anticipates that the Project will be categorically exempt under CEQA Guidelines Section 15301 – Existing Facilities. The Notice of Exemption (NOE) is a brief Project description and analysis/explanation as to why this exemption under CEQA Guidelines Section 15301 is appropriate and confirm that no exceptions or unusual circumstances exist. Kimley-Horn will file the NOE with the County Clerk.

Right-of-Way: Kimley-Horn understands the project will be completed within the public right-of-way. The project will not require any utility relocation or right-of-way acquisition or easements. Kimley-Horn will perform research and compile all available right-of-way maps, assessor parcel maps, and easement information within the Project limits. The right-of-way information will be shown on the plans. Any Temporary Construction Easements (TCEs) will be obtained by the City from adjacent property owners, and the consultant shall show them on the plans.

There is one intersection in the Project that will require extra coordination. Florence Ave and Atlantic Ave is sharing jurisdiction with the City of Bell. Kimley-Horn has worked with the City of Bell on previous projects and will go coordinate with the jurisdictions involved to fulfill signal improvement and timing requirements at these intersections.

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
i City of Cudahy • TRCALAD001848.2024
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Kimley >>> Horn

Kimley-Horn will coordinate with City maintenance staff to open the traffic signal cabinets to document existing controllers and timing sheets. We will review base data documents, including as-built improvement plans, utility information, field survey information, and other available record data. Kimley-Horn will conduct field investigations at each of the intersections to document existing street and traffic signal equipment and assess existing conditions to identify any necessary upgrades as well as prepare preliminary engineering plans for each intersection that show tentative traffic signal improvements. Plans will be completed in AutoCAD Version 2024 and will be presented with one intersection per plan sheet at scale 1”=20’.

The following intersections will be included in the plan set:

1. Otis Avenue and Live Oak Street

2. Otis Avenue and Clara Street

3. Atlantic Avenue and Florence Avenue

4. Atlantic Avenue and Live Oak Street

5. Atlantic Avenue and Clara Street

6. Atlantic Avenue and Elizabeth Street

7. Atlantic Avenue and Santa Ana Street

8. Atlantic Avenue and Cecelia Street West

9. Atlantic Avenue and Cecelia Street East

10. Atlantic Avenue and Patata Street

11. Wilcox Avenue and Live Oak Street

12. Wilcox Avenue and Clara Street

13. Clara Street and River Road
The traffic signal improvement plans for the intersections above will include signing and striping and other traffic signal upgrades necessary for the upgraded traffic signal operations, such as new traffic signal cabinets, controllers, battery back-up systems, poles, mast arms, luminaire arms, audible pedestrian push buttons, pedestrian heads, signal heads, continental crosswalks and limit lines.

A preliminary engineer’s Opinion of Probable Construction Cost (OPCC) will be developed on Microsoft Excel based on the preliminary plans.

A project contingency will be included in the engineer’s opinion of probable costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage.

Task 2 Deliverables:
⬙ Preparation of CEQA Categorical Exemption
⬙ Preliminary Engineering Plans (13 sheets) in PDF electronic format ⬙ Preliminary OPCC in PDF electronic format
Task 3: Plans, Specifications, & Estimate (PS&E)
Task 3.1: 60% PS&E Package
Based on one set of non-conflicting comments on the Preliminary Plans, Kimley-Horn will advance the construction documents to a 60% level of design. Kimley-Horn will adjust the design plans based on City comments. KimleyHorn will prepare a comment response matrix to be submitted with the 60% submittal. The comment response matrix will have the original comments, Kimley-Horn’s responses to the comments, and final resolution. Additional annotation will be added to the traffic signal plans based on the comments received by the City. The engineer’s OPCC will be updated based on the City’s comments.

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
ii City of Cudahy • TRCALAD001848.2024
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Kimley >>> Horn

We anticipate the following plan sheet counts for the Project:
⬙ Cover Sheet: one sheet
⬙ Notes, Legends, and Construction Details: one sheet
⬙ Traffic Signal Improvement Plans: 13 sheets
⬙ Estimated Total sheets: 15 sheets
We do not anticipate the following sheets to be part of the design at any stage of the Project:
⬙ Signing and Striping Plans
⬙ Civil Improvements
⬙ Communication Plans
⬙ Street Lighting Plans
Task 3.1 Deliverables:
⬙ One set of 60% plans in PDF electronic format
⬙ 60% OPCC in PDF electronic format
Task 3.2: 90% PS&E Package
Based on one set of non-conflicting comments on the 60% plans, Kimley-Horn will advance the construction documents to a 90% level of design. Kimley-Horn will adjust the design plans based on City comments. KimleyHorn will prepare a comment response matrix to be submitted with the 90% submittal. The comment response matrix will have the original comments, Kimley-Horn’s responses to the comments, and final resolution. Additional annotation will be added to the traffic signal plans based on the comments received by the City.

The engineer’s OPCC will be updated based on the City’s comments.

Task 3.2 Deliverables:
⬙ One set of 90% plans in PDF electronic format
⬙ Technical specifications in PDF electronic format
⬙ 90% OPCC in PDF electronic format
Task 3.3: 100% PS&E Package
Based on one set of non-conflicting comments from the 90% PS&E comments, Kimley-Horn will advance the PS&E to the 100% level of design. It is expected that the comments will not result in a major change in design. KimleyHorn will adjust the plans and technical specifications based on the City comments accordingly. Kimley-Horn will prepare a comment response matrix to be submitted with the Final submittal. The comment response matrix will have the original comments, Kimley-Horn responses to the comments, and final resolution. A licensed professional engineer will conduct a peer review and QC/QA of the design plans, OPCC, and technical specifications. A licensed professional engineer will stamp and sign all plan sheets for this submittal.

Task 3.3 Deliverables:
⬙ One set of 24”x36” hardcopy 100% plans with wet signed mylars and in .dwg format ⬙ One set of hardcopy technical specifications, electronic PDF, and electronic MS Word format ⬙ 100% OPCC in electronic PDF and Excel format

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
Kimley >>> Horn iii City of Cudahy • TRCALAD001848.2024

Task 3.4: Caltrans LAPM Forms for PSE Certification and E-76 Construction Authorization As this is a HSIP Cycle 11 state-funded project, Caltrans LAPM forms for PSE Certification and E-76 Construction Authorization is not required. Kimley-Horn will prepare and submit right-of-way self-certification forms as well as prepare and submit construction allocation request and other documents for Caltrans.

Task 3.4 Deliverables:
⬙ Right-of-Way self-certification package
⬙ Construction allocation package
Task 4: Bidding and Construction Support
This task consists of coordination and support during the bidding phase of the project. Kimley-Horn will attend the pre-bid meeting and assist City staff and/or potential contractors in answering pre-bid questions, and interpretations of the plans and specifications. Kimley-Horn will log those questions and provide responses to requests for information (RFI) during the bidding phase and prepare project addenda.

Kimley-Horn will also assist with coordination and support during the construction stages of the project. KimleyHorn will attend the preconstruction meeting and address items for the construction management team to be aware of. Kimley-Horn will be involved during construction stages by responding to RFIs, reviewing and responding to all submittals, and reviewing any proposed changes by the contractor during construction. We will attend up to 5 construction progress meeting or field meeting.

Task 4 Deliverables:
⬙ Prepare up to one project addenda
⬙ Response to pre-bid questions
⬙ Response to RFI and questions during bidding phase
⬙ Response to RFI’s and Submittal Reviews
⬙ Attendance of up to 5 meetings
Task 5: Prepare Record Drawings (As-Builts)
Kimley-Horn will prepare record drawing as-builts within 20 days after construction has been completed. Any comments and changes during construction as red-lined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and PDF electronic files shall be sent to the City.

Task 5 Deliverables:
⬙ Record drawings in PDF electronic format
Task 6: Prepare Traffic Signal Timing Charts
Kimley-Horn will prepare updated traffic signal timing sheets for the following intersections:

1. Otis Avenue and Live Oak Street

2. Otis Avenue and Clara Street

3. Atlantic Avenue and Florence Avenue

4. Atlantic Avenue and Live Oak Street

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
iv City of Cudahy • TRCALAD001848.2024
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Kimley >>> Horn

5. Atlantic Avenue and Clara Street

6. Atlantic Avenue and Elizabeth Street

7. Atlantic Avenue and Santa Ana Street

8. Atlantic Avenue and Cecelia Street West

9. Atlantic Avenue and Cecelia Street East

10. Atlantic Avenue and Patata Street

11. Wilcox Avenue and Live Oak Street

12. Wilcox Avenue and Clara Street

13. Clara Street and River Road
It is assumed that each intersection will have an existing timing sheet for Kimley-Horn’s reference. Per Caltrans guidelines, the implementation of LPI is not suggested at intersections that have protected-permissive left turn movements. Kimley-Horn will evaluate existing conditions and assist the City with making a decision for intersections with protected-permissive left turn movements.

The updated timing sheets will have: proposed signal timing parameters such as minimum bicycle greens, allred times, walk times, flashing don’t walk times, and yellow times. For each intersection, recommended phase timing parameters will be calculated by referencing the latest version of the CA MUTCD and recent aerial imagery measurements. For the intersections with new protected left turn phases, the phase diagrams on the updated traffic signal timing sheets will be updated to reflect the new phasing. The format of the updated timing sheets will be consistent with the proposed traffic signal controller software type.

Task 6 Deliverable:
⬙ Up to 13 updated traffic signal timing sheets in electronic Excel and PDF electronic format Task O: Optional Tasks
Task O.1: Utility Coordination
This task includes collecting data and information from the City, coordination with utility companies at up to 13 intersections.

Kimley-Horn will coordinate with the City to collect existing available data for the design. Sample data that will be requested includes but is not limited to the following:
⬙ Utility contacts
⬙ Existing as-builts pertinent to the project within the project vicinity including, but not limited to, existing traffic signal, roadway, and communication as-builts
⬙ Available electronic signal plans
Kimley-Horn will send out one utility notice letter to utility companies provided by the City. We will incorporate utility data received from utility companies to create a utility basemap that will be included in the plan.

Task O.1 Deliverables:
⬙ Utility basemapping in plan
⬙ Updated utility tracker file that includes a list of utility companies contacted, documents received, and a communication log with the utility companies

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
v City of Cudahy • TRCALAD001848.2024
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Kimley >>> Horn

Task O.2: Conduit Field Work
Kimley-Horn will open the pull boxes at up to 13 intersections within the corners of each intersection. We will take inventory of conduits that enter each pull box and take notes explaining the health of the conduits upon visual observation. Our team will verify if existing conduits have adequate space for potential rewiring of the intersection due to new controller and/or installation of APS cable.

It is assumed that pull boxes only labeled “Traffic Signal” will be opened. Pull boxes labeled “Electrical” or “Danger – Electrical” will not be opened. Pull boxes with damaged lids, screwed shut, not accessible on concrete sidewalk or median, or unable to open with reasonable force will not be opened. Pull boxes that are too full with wires and cables will be noted and not touched as to not damage existing wiring and cabling.

Task O.2 Deliverables:
⬙ Conduit tracing and conduit health field notes
Task O.3 Conduit Basemapping
After field review of conduit conditions, conduits in poor health will be considered for upgrades if new cable needs to be installed per the Project’s improvements. Conductor schedules and conduits will be shown for intersections where conduits will be installed.

Task O.3 Deliverables:
⬙ CAD basemap including existing conduits

PROPOSAL FOR
Design Services for HSIPL-5369(016) Cudahy Citywide Signal Improvements Project, HSIP Cycle 11 Project
Kimley >>> Horn vi City of Cudahy • TRCALAD001848.2024

EXHIBIT C

COMPENSATION RATE
22

196.54% Overhead%
195.57% Overhead% w/o FCCM
Category/Title
10% Fee% Direct Rate $110.05 $87.37 $74.09 $60.43 $45.44 $54.05 $42.30 Billing Rate $358.87 $284.91 $241.61 $197.06 $148.18 $176.26 $137.94 Task 1 11 11 6 28 $ 7,172.76
Task 2 8 16 40 64 $ 11,951.06
Task 3 17 5 90 70 182 $ 35,633.27

3.1 5 40 40 85 $ 15,603.90

3.2 5 20 20 45 $ 8,699.13

3.3 5 10 10 25 $ 5,246.74

3.4 2 5 20 27 $ 6,083.50
Task 4 10 10 10 10 40 $ 8,420.48
Task 5 5 10 10 25 $ 5,246.74
Task 6 20 20 40 80 $ 14,700.45
51 5 20 157 170 6 10 419
$18,302.36 $1,424.55 $4,832.11 $30,938.49 $25,190.34 $1,057.53 $1,379.39 $ 83,124.77 $ 4,078.12
$ 2,078.12
$ 2,000.00
$ 87,202.89
Task O 8 20 95 123 $ 20,889.12
O.1 5 10 40 55 $ 9,692.09
O.2 1 5 25 31 $ 5,048.63
O.3 2 5 30 37 $ 6,148.40
Optional Tasks
Utility Coordination
Conduit Field Work
Optional Tasks
Preliminary Engineering
Plans, Specifications & Estimate
60% PS&E Package
90% PS&E Package
TOTAL COST:

City of Cudahy
Design of Citywide Signal Improvements Project
Kimley-Horn and Associates, Inc.

TOTAL HOURS TOTAL COST
Sr. Project
Support Project Support
Project Management
Professional I Analyst Sr.

Professional II
Sr.

Professional I Professional II
100% PS&E Package
Caltrans LAPM Forms for PSE Certification and E-76
Construction Authorization
Bidding and Construction Support
Prepare Record Drawings (As-Builts)
Prepare Traffic Signal Timing Charts

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation
Expenses
Conduit Basemapping I I

1 2026

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Citywide Signal Improvement Project)
(Parties: Kimley-Horn and Associates, Inc. and City of Cudahy) THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated December 3, 2024 (hereinafter, the “Master Agreement”), is hereby made and entered into this 17th day of March 2026 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, “CONSULTANT”. For purposes of this FIRST Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONSULTANT. The capitalized term “Party” may refer to either CITY or CONSULTANT, interchangeably as appropriate.

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

WHEREAS, on December 3, 2024, the Parties executed and entered into the Master Agreement for CONSULTANT to provide engineering services for the preparation of PS&E (Plan, Specification and Estimate) for Citywide Signal Improvement Project – HSIP Cycle 11 – City Project No. TRE-009; and
WHEREAS, the Term of the Master Agreement was from December 3, 2024 to December 3, 2025.

WHEREAS, the Master Agreement allowed the Term to be extended for an additional one-year period at the option of the CITY.

WHEREAS, prior to the expiration of the Master Agreement, it was the CITY and CONSULTANT’S intent to extend the life of the Master Agreement to December 3, 2026.

WHEREAS, the CITY and CONSULTANT are in agreement that the term of the Master Agreement be extended nunc pro tunc, notwithstanding its December 3, 2025 expiration, and that CITY and CONSULTANT intend to be bound by the terms and conditions of the Master Agreement as extended by this FIRST AMENDMENT, as if this FIRST AMENDMENT had been executed upon the initial December 3, 2025 expiration date.

WHEREAS, between the December 3, 2025 expiration date of the Master Agreement and the execution date of FIRST AMENDMENT, the CITY and CONSULTANT have performed in compliance with the terms of the Master Agreement and have intended all rights, responsibilities, and procedures set forth under the Master Agreement to have been in full force and effect during this interim period.

WHEREAS, the Master Agreement, reflecting the changes made to this first amendment, is attached and incorporated hereto as Exhibit “A”; and Attachment C Page 219 of 237
2 WHEREAS, the Parties now agree to amend the scope of work to update the existing plans, specifications, and estimates (PS&E) to add the scope of services for additional improvements as set forth in Exhibit “B”; and WHEREAS, the Parties now agree to increase the compensation amount by $85,741.91 for a new total not to exceed amount of $193,833.92 as set forth in Exhibit “B”; and
WHEREAS, the execution of this First Amendment was approved by the Cudahy City Council at its Regular Meeting of ______________, 2026 under Agenda Item No. _______.

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

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

SECTION 2. All defined terms herein, as shown by initial capitalization, shall have the meaning ascribed to them in the Master Agreement, unless otherwise indicated.

SECTION 2. Section 1.1 “Term” of the Master Agreement is hereby amended, extending the term to December 3, 2026.

SECTION 3. Section 1.2 Scope of Services of the Master Agreement is hereby amended to update the existing plans, specifications, and estimates (PS&E) as set forth in Exhibit B.

SECTION 4. Section 1.4 Compensation of the Master Agreement is hereby amended to increase the not to exceed amount by $85,741.91 for a new total not to exceed amount of $193,833.92.

SECTION 5. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. The First Amendment and Master Agreement including exhibits shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall govern and control to the extent of the conflict or inconsistency and no further.
(SIGNATURES ON NEXT PAGE)

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

CITY OF CUDAHY:

By:

Christopher R. Lopez
City Manager

Date:_______________________
APPROVED AS TO FORM:

By:

Shelley Preisler
City Attorney

Date:_______________________

KIMLEY-HORN AND ASSOCIATES,
INC.:

By:

Name:

Title:

Date:_______________________

4 EXHIBIT “A”

MASTER AGREEMENT

5 EXHIBIT “B”
KIMLEY-HORN AND ASSOCIATES, INC. FIRST AMENDMENT PROPOSAL

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040 December 15, 2025
Mr. Raul Diaz
City of Cudahy
5220 Santa Ana St
Cudahy, CA 90201
RE: Cudahy HSIP Cycle 11 – Amendment #1
Dear Mr. Diaz,
The City of Cudahy is amending the improvements listed in the original HSIP application which requires updates to the existing PS&E package.

The improvements are as follows:

Crosswalk improvements at:

1. Live Oak Street and Bear Avenue

2. Live Oak Street and Flora Avenue

3. Live Oak Street and Clarkson Avenue

4. Live Oak Street and Ellen Ochoa Learning Center

5. Live Oak Street and Crafton Avenue

6. Hartle Avenue and Otis Avenue

7. Hartle Avenue and Atlantic Avenue

8. Flower Avenue and Otis Avenue

9. Clara Street and Teresa Hughes Elementary School

10. Clara Street and Clara Park Village Apartments

11. Clara Street and Clara Park

12. Elizabeth Street and Otis Avenue

13. Elizabeth Street and Elizabeth Learning Center

14. Elizabeth Street and Park Avenue

15. Elizabeth Street and River Road
Curb Extension Bulb Outs at:

1. Santa Ana Street Midblock (West of Atlantic Boulevard)

2. Santa Ana Street Midblock (East of Salt Lake Avenue) We anticipate the following plan sheet counts for the Project:
 Crosswalk Improvement Plans: 8 sheets
 Curb Extension Plans: 2 sheets
 Estimated Total additional sheets: 10 sheets
We do not anticipate the following sheets to be part of the design at any stage of the project:
 Communication Plans
 Street Lighting Plans
Attachment D Page 224 of 237
Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040

SCOPE OF SERVICES
Our scope of services includes the following key tasks:
 Project management
 PS&E
 Caltrans Coordination
Task 1: Project Management
This task will consist of project coordination with the team, administration, and set up and attendance at project meetings. Kimley-Horn’s administration efforts include maintenance of project schedule, work plan, budget, filing system and processing of monthly invoices/progress reports.

Kimley-Horn will attend up to 5 meetings with City staff to update the team on project progress.

TASK 1 DELIVERABLES:
 Attendance at up to (5) project meetings
 Electronic copy of meeting agendas and meeting notes
Task 2: Preliminary Engineering
Task 2.1 Field Work
Kimley-Horn will go to the field for the curb extension bulb out locations along Santa Ana Street. Field measurements and photos will be taken up to 100’ beyond the proposed crosswalk locations.

Task 2.2 Topographic Survey
Topographic Survey will be collected within 100’ of each proposed bulb out location.

Kimley-Horn’s qualified surveying subconsultant, Calvada, will provide a design level topographic survey within the project limits to establish horizontal and vertical controls at 50-foot intervals. The survey will extend 50 feet outside of the City right-of-way within adjacent private parcels and 100 feet into cross streets. The survey control, survey features, and utility items to be shown are as follows:

Survey Control

1. The vertical control will be based on the North American Vertical Datum of 1988 (NAVD 88).

A local municipal or Los Angeles County Benchmark will be used.

2. The horizontal control will be based on the California State Plane Coordinate System of 1983 (NAD 83).

3. The survey will establish existing and proposed controls including centerline, street geometrics, and right-of-way throughout project limits.

Survey Features

1. The survey will be prepared using aerial photography. Supplemental observations will be taken at 50-foot street cross sections of the adjacent roads and compiled with the photogrammetric data to create the final deliverable. Spot elevations will be at back of walk/sidewalks, top of curbs, flow lines, gutter edges, driveway aprons, local depressions,

Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040 and ADA ramps. The survey will be prepared to provide 1-foot contour intervals.

2. Spot elevations to determine the water flow of adjacent streets and catch basins that terminate or commence offsite and flow within the project limits.

3. Location of signing and striping within the project limits.

4. Location of trees over 6 feet in height, regardless of caliper, within the project limits.

Utilities

1. Location, elevation, size, and type of visible above ground utilities within the site.

2. Flow line invert elevations and sizes of drain inlets, sanitary sewer, and storm drain manholes adjacent to the site unless bolted down.

Calvada will prepare the topographic survey on full-size, 24”x36” sheets at 1”=40’ scale using AutoCAD, plotting the survey notes and electronic mapping files.

Task 2.2 Deliverables:
 Draft and Final Topographic Survey in CAD and PDF format Task 3 Plans, Specifications, and Estimate
Task 3.1 Crosswalk Improvement Plans
Kimley-Horn will develop crosswalk improvement plans for the 15 intersections using Nearmap Aerial as a basemap.

The design will be prepared in accordance with the latest edition of the Standard Plans for Public Works Construction (SPPWC), the latest Caltrans Standard Plans, the 2014 California Manual on Uniform Traffic Control Devices (Revision 8), and other applicable design standards. This task assumes the designs can be implemented within existing City right-of-way and will not need third party coordination for design review. The plans will be reviewed and stamped by a licensed California Civil Engineer.

The plans will be prepared at 20-scale (1”=20’) with two intersections shown per plan.

This scope includes up to two submittals to the City and anticipates up to one round of consolidated comments from the draft submittal.

Task 3.1 Deliverables:
 One (1) set of Draft Crosswalk Improvement Plans in PDF electronic format  One (1) set of Final Crosswalk Improvement Plans in PDF electronic format Task 3.2 Curb Extension Bulb Out Plans
Kimley-Horn will prepare curb extension bulb out plans for up to 2 project locations along Santa Ana Street.

Base mapping on each sheet will include curb, property lines, gutter, and existing signing and striping up to 50’ beyond the crossing locations. The topographic survey collected will be shown on the plan.

Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040 This task assumes being able to maintain existing drainage patterns and catch basins. This task assumes hydrology and hydraulic analysis will not be required. This task assumes separate drainage plans, sidewalk improvement plans, and pavement rehabilitation plans will not be required. This task assumes that typical or specific cross sections along the corridor will not be required.

This task assumes Construction Details for design elements other than existing SPPWC standard details, such as ADA curb ramps and driveways, will not be required.

The Plans will show 1 location per plan sheet at 1”=5’ or 1”=10’ scale on a full-size, 24”x36” sheet using AutoCAD 2024 version drafting software. The designs will be prepared in accordance with the latest version of the ADA, PROWAG, Caltrans, MUTCD, and SPPWC standards.

This task includes up to two (2) submittals to the City with one round of consolidated comments from the Draft submittal.

The Final Plans will be signed and stamped by a licensed California Civil Engineer.

Task 3.2 Deliverables:
 One (1) set of Draft Curb Extension Bulb Out Plans in PDF electronic format  One (1) set of Final Curb Extension Bulb Out Plans in PDF electronic format Task 3.3 Opinion of Probable Construction Costs (OPCC)
Kimley-Horn will prepare an OPCC based on the Draft and Final Plans. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, construction cost escalation, and an overall project cost.

The OPCC will be developed on Microsoft Excel.

Clients are specifically cautioned that unit prices for construction have been and remain unpredictable and escalating and clients should include significant contingencies and engage in independent contractor pricing exercises. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the volatility of construction costs and unit prices.

Task 3.3 Deliverables:
 One (1) set of Draft OPCC in PDF electronic format
 One (1) set of Final OPCC in PDF electronic format

Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040 Task 3.4 Technical Specifications
Kimley-Horn will prepare technical specifications for the draft and final submittal. The technical specifications will refer to the 2024 Standard Specifications for Public Works Construction (SSPWC), the latest Caltrans Standard Specifications, and be amended by the City’s Standard Provisions. It is assumed the City will provide boiler plate language for their Standard Provisions. Additional source documents may be used by Kimley-Horn to cover urban design and landscape, irrigation, and other project features not covered by the City Standard Provisions, the 2024 SSPWC, or the latest Caltrans Standard Specifications. A licensed professional engineer will stamp and sign the provisions.

Task 3.4 Deliverables:
 One (1) set of Draft technical specifications in PDF electronic format  One (1) set of Final technical specifications in PDF electronic format Task 4: Caltrans Coordination
The Kimley-Horn team will review existing documentation and coordinate with project staff and Caltrans with regards to the Scope Change Request.

The Kimley-Horn team will prepare the scope change request form which includes reviewing of the application, review the existing benefit cost ratio (BCR), approved items, revised scope, updating the BCR and finalizing the request. The request will be routed to the HSIP managers and Local Assistance at DOT for approval.

Task 4 Deliverables:
 HSIP Scope Change Form

ASSUMPTIONS
 Available record plans and documents shall be provided by the City.  Utility company’s fees, and the City’s and other Agencies’ permit fees are excluded.  Traffic control plans and construction staging plans are not included.  Separate civil improvement plans are not included.
 Conduit reconnaissance is not included.

ADDITIONAL SERVICES
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services.

Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040

SCHEDULE
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed-to schedule.

FEE AND BILLING
Kimley-Horn will perform the services in Tasks 1 – 4 on a labor fee plus expense basis with the maximum labor fee shown in the following table.

Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.

However, Kimley-Horn reserves the right to reallocate amounts among tasks.

Labor fee will be billed on an hourly basis according to our then-current rates. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with a fifteen percent (15%) markup, will be immediately issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

196.54% Overhead%
195.57% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $115.56 $91.74 $63.45 $56.75 $47.71 Billing Rate $376.81 $299.16 $206.91 $185.07 $155.59
Task 1 5 25 10 40 $ 8,907.50
Task 2 4 25 29 $ 5,454.39

2.1 2 20 22 $ 4,115.22

2.2 2 5 7 $ 1,339.17
Task 3 17 20 85 70 75 267 $ 54,600.47

3.1 5 5 20 20 25 75 $ 15,109.20

3.2 5 5 40 40 40 130 $ 25,282.65

3.3 5 5 5 10 10 35 $ 7,821.00 3.4 2 5 20 27 $ 6,387.62
Task 4 5 5 $ 1,034.55
22 20 119 105 75 341
$8,289.82 $5,983.20 $24,622.29 $19,432.35 $11,669.25 $ 69,996.91 $ 15,745.00 $ 200.00 $ 7,595.00 $ 7,950.00
TOTAL COST: $ 85,741.91
ExpensesAvant-GardeCalvada

TOTAL HOURS
Subtotal Labor:

Other Direct CostsPlans, Specifications & EstimateCrosswalk Improvement Plans (2 submittals)Curb Extension Bulb Out Plans (2 submittals)Opinion of Probable Construction CostsTechnical SpecificationsCaltrans Coordination

TOTAL HOURS TOTAL COST
Project ManagementPreliminary EngineeringField WorkTopographic Survey City of Cudahy
Design of Citywide Signal Improvements Project
Kimley-Horn and Associates, Inc.

Sr.

Professional II
Sr.

Professional I Professional I Sr. Project Support Analyst

Cudahy HSIP Cycle 11
December 15, 2025

kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040

CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, our signed, executed contract dated December 3, 2024.

To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on this project.

If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below and return it to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.

We appreciate the opportunity to provide these services to you. Please feel free to contact me at (213) 354-9396 or [email protected] if you have any questions or if you need additional information.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Jean Fares, P.E. Vivian Chong, P.E.

Sr. Vice President Project Manager
P.E. No.: TR2097 P.E. No.: 95833
Accepted by: City of Cudahy
SIGNED: _______________________
PRINTED NAME: _______________________
TITLE: _________________________________
DATE: _______________________________
Client’s Federal Tax ID: _______________________
Client’s Business License No.: __________________
Client’s Street Address: _______________________
_______________________

Attachment E

STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor File : 07-LA-0-CDHY
HSIPSL-5369(016)
Signalized Intersections
Citywide

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
February 4, 2026
Mr. Raul Diaz
Director of Public Works
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Dear Mr. Diaz:

Your letter dated January 21, 2026 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: Signalized Intersections Citywide). The State hereby makes the allocation in the amount of$81,540.00 of State funds for Preliminary Engineering phase of this project effective October 11, 2023. You may now proceed with the Preliminary Engineering phase of the project. Any work for the Preliminary Engineering phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.

All projects require a Master Agreement and Program Supplement Agreement to be in place prior to the payment of project invoices. If one has not already been executed, this office will soon send you a Program Supplement Agreement and Master Agreement for execution. Please do not submit invoices for this project until the agreements are fully executed by both you and the State.

Invoices are to be submitted at a minimum of every six (6) months in order to remain active.

If you have any questions, please contact your District Local Assistance Engineer.

Sincerely,
MISTY BRADSHAW, Chief
Office of Project Management Oversight - South
Division of Local Assistance
c: DLA AE Project Files
(07) DLAE - Steve Novotny
Local Program Accounting
HQ HSIP Manager - Richard Ke
Program Phase Request Date Request Amount Allocation
HSIPS Preliminary Engineering 01/21/2026 $81,540.00 02/04/2026 For
Attachment F Page 235 of 237
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/17/2026 Page 1 of 2

STAFF REPORT
Date: March 17, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Subject: Authorize the Use of City Logo by SELA Collaborative

RECOMMENDATION
The City Council is requested to authorize SELA Collaborative’s use of the City’s logo for its May 2, 2026, event at Newstart Housing Corporation in Huntington Park.

BACKGROUND/ ANALYSIS
The City has received a request from SELA Collaborative seeking sponsorship support for their event at Newstart Housing Corporation in Huntington Park. The requested sponsorship consists solely of authorization to use the City’s logo on promotional materials and to allow City staff to share information regarding the event. There is no monetary contribution required for the event, nor is there any allocation of staff needed for the event.

CONCLUSION
If the City Council approves the use of the logo, staff will promote the event across all City social media platforms and in promotional materials and will share information about the event with the public.

STRATEGIC PLAN CORRELATION
Goal A (Community Services, Programs and Activities for All)

4. Increase cultural programs and events to showcase the various backgrounds and cultures of the Cudahy community.

Goal B (Social Services)

1. Partner with appropriate agencies to ensure Cudahy residents receive social services.

5. Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.

Item Number
14C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/17/2026 Page 2 of 2

Goal F (Communication and Outreach)

5. Increase the City’s presence in the community by all communication channels.

6. Explore opportunities for efficiency through insourcing and outsourcing.

FINANCIAL IMPACT
Approval of this item will not result in any financial impact to the City.

ATTACHMENTS
NONE