Pico Rivera City Council
May 9, 2023

Enclosure: 1) Agreement No. 12-1318-3 (Original Agreement with Amendments 1-3) 13a

A Regular Meeting of the Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of March 28, 2023.

Authority President Lutz called the meeting to order at 6:04 p.m.

PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
PUBLIC COMMENTS: None
PUBLIC HEARING: None
CONSENT CALENDAR:

Water Authority:

11. Minutes:
• Approved Water Authority meeting of January 24, 2023

12. Approve Purchase of Large Water Meters from Ferguson Waterworks. (700)

1. Authorized the Executive Director to approve the purchase of large water meters from Ferguson Waterworks, Inc. (dba Ferguson Enterprises, Inc.) for the conversion to Automated Meter Infrastructure (AMI) project.

Motion by Commissioner Dr. Sanchez, seconded by Vice Chair Lara to approve Consent Calendar Item Nos. 11 and 12. Motion carries by the following roll call vote:

AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:

President Lutz adjourned the Water Authority meeting at 8:04 p.m. in memory the victims of the Nashville, Tennessee school shooting. There being no objection it was so ordered.

AYES: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
Tuesday, March 28, 2023
14 3-28-23 Water Minutes

________________________________
Erik Lutz, President
ATTEST:
________________________________
Cynthia Ayala, Interim Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated March 28, 2023, and received and filed by the Water Authority on May 9, 2023.
_______________________________
Cynthia Ayala, Interim Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: May 9, 2023
Subject: WATER MAIN REPLACEMENT PROJECTS (CIP NO.
50078) – AWARD PROFESSIONAL SERVICES

AGREEMENT FOR DESIGN AND CONSTRUCTION

SUPPORT SERVICES
Recommendation:

1. Award a Professional Services Agreement to Tetra Tech, Inc. to provide design and construction support services for the Water Main Replacement Projects (CIP No. 50078) for an amount not-to-exceed $180,000; and

2. Authorize the Executive Director to execute an agreement in a form approved by the General Counsel.

Fiscal Impact:

The current fiscal year (FY) 2022-23 budget includes $8,200,000 in Water Authority Funds (Fund 550) under Account No. 550.70.7340-54500-CIP.50078. No additional funding is required at this time.

Discussion:

In December 2019, the City of Pico Rivera contracted IMEG Corporation to update the City’s Water Master Plan (WMP). The Water Master Plan update was completed in September 2021, and evaluated the performance and condition of the existing distribution system, identified any system deficiencies, recommended projects necessary to meet future water demands and regulations, and provided a blueprint for the future operation of the system.

The Water Master Plan further identified improvements necessary to meet current and future demands using a state-of-the-art hydraulic model. The WMP then developed a Capital Improvement Plan (CIP) priority list for proposed improvements to the City’s 15 WATER AUTHORITY AGENDA REPORT – MEETING OF MAY 9, 2023 WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078) – AWARD

PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND CONSTRUCTION

SUPPORT SERVICES

potable water system to be implemented for the next 15 years considering budget restrictions. The Water Main Replacement Projects (CIP No. 50078) consists of W41; upsizing approximately 2,000 linear feet of existing 4-inch diameter Watermain to 8-inch diameter, W98; replacing approximately 4,600 liner feet of existing 10-inch diameter Watermain, and W110; upsizing 3,500 linear feet of existing 17-inch diameter Watermain to 18-inch diameter, and all projects are identified as part of the 15-Year Capital Improvement Plan.

On January 19, 2023, a Request for Proposals (RFP) was published on PlanetBids via the City’s website. Services requested consisted of providing engineering services, including preliminary engineering, surveying, utility notifications, right-of entries, and preparation of plans, specifications and estimates for the City’s Water Main Replacement Projects (CIP No. 50078).

On February 13, 2023, seven (7) proposals were received. Three (3) of the proposers provided Fee Rates in lieu of Fee Proposal and were deemed non-responsive. A technical panel consisting of Public Works staff ranked the four (4) responsive proposals.

The technical panel used qualifications-based selection criteria outlined in the RFP to rank consultants. The selection criteria weighed a number of factors such as quality of proposal, team qualifications, experience on similar projects, understanding of technical issues and implementation, and pricing.

A summary of the rankings is provided below:

No. Company Name Total Score
1 Tetra Tech Inc. 89.3
2 SA Associates 88.3
3 West & Associates
Engineering Inc. 86.7
4 CWE 83
Staff negotiated with the top-ranked consultant, Tetra Tech Inc., and came to a consensus on a fair and reasonable price for professional design services, including construction support services for the water main replacement projects. Tetra Tech Inc. is knowledgeable and has performed similar design and construction support services for the Cities of Downey, Long Beach, Lakewood, Santa Ana, and Anaheim. [This space left intentionally blank]
WATER AUTHORITY AGENDA REPORT – MEETING OF MAY 9, 2023
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078) – AWARD

PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND CONSTRUCTION

SUPPORT SERVICES

Conclusion:

Staff recommends Tetra Tech, Inc. to provide design and construction support services for the Water Main Replacement Projects (CIP No. 50078) for an amount not-to-exceed $180,000.

Steve Carmona
SC:NN:KG:AR:np
Enclosure: 1) Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
TETRA TECH, INC.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Tetra Tech Inc., a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide design and construction support services including preliminary engineering, surveying, utility notifications, right-of entries, and preparation of plans, specifications, and estimates for the Water Main Replacement Projects (CIP No. 50078).

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the January 19, 2023 Request for Proposal and subsequent Consultant’s negotiated Scope of Services attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s negotiated Fee Schedule dated April 20, 2023 attached hereto as Exhibit “B.”

3.3 “Commencement Date”: May 10, 2023

3.4 “Expiration Date”: May 10, 2024

4. TERM
Enclosure 1
15a
Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services.

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated in a written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of One Hundred Eighty Thousand Dollars ($180,000) unless specifically approved in advance, in writing, by City.

5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.

7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS
Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict-of-interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Tom Epperson, as Project Director shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.

13. 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 Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any 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 fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant'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 Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant'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 Consultant.

15.3 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 Section 15 or 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.

Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

15.4 The obligations of Consultant under this Section 15 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, its officers, agents, employees and volunteers.

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant 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, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants 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 and expert witness fees and consultant fees.

15.6 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.

15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.1.4 Professional Liability Insurance against errors and omissions in the Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

performance of the work under this Agreement with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence of claim/ Four Million Dollars ($4,000,000) in the aggregate.

16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Consultant:

Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Tom Epperson, PE
Tetra Tech, Inc.
17885 Von Karman Ave, Suite 500
Irvine, CA 92614
With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph

17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.

Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Professional Services Agreement
WATER MAIN REPLACEMENT PROJECTS (CIP NO. 50078)

Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA Tetra Tech, Inc.
______________________________ ___________________________________ Steve Carmona, City Manager Tom Epperson, Vice President Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF WORK
TETRA TECH Page | i

TABLE OF CONTENTS
Section 1 – Firm Qualifications ............................................................................................................................................ 1 Section 2 – Project Team .................................................................................................................................................... 2 Section 3 – Statement of Qualifications .............................................................................................................................. 5 Section 4 – Project Understanding and Project Approach................................................................................................... 7 Section 5 – Scope Of Work ................................................................................................................................................. 9 Project Schedule ............................................................................................................................................................... 12 Fee Proposal ..................................................................................................................................................................... 12 Assumptions ...................................................................................................................................................................... 12 Appendices
Schedule
Fee Proposal
Resumes
Addendums
Required Forms
Exhibit A_Page 001
TETRA TECH Page | 1
SECTION 1 – FIRM QUALIFICATIONS
Tetra Tech is a Delaware Corporation (publicly traded) and has been in business for over 50 years. Founded in 1966, Tetra Tech is a nationally recognized engineering and resource management firm of more than 22,000 engineers, scientists, construction specialists, and technical support personnel in 470 offices worldwide. Listed on the NASDAQ Exchange (TTEK), Tetra Tech’s annual revenues for 2022 exceeded $3.5 billion. Thus, we are in an excellent financial position to provide the necessary resources to rapidly deploy and meet aggressive project schedules.

Tetra Tech consistently ranks among the top engineering firms annually according to the Engineering News-Record. In 2022, Tetra Tech was ranked 4th among the top 500 design firms nationwide and was ranked #1 in the water service industry for the 19th year in a row!
Tetra Tech is a leading provider of specialized management consulting and technical services. We help our clients conceptualize and execute innovative solutions to their most difficult problems. Our management consulting services are complemented by our technical services, including research and development, applied science, engineering and architectural design, construction management, and operations and maintenance. Our clients include a diverse base of public and private sector organizations located in the U.S. and internationally.

Our goal is to provide the necessary expertise and resources to deliver the project on time, within budget, and in compliance with the design and construction standards set by the City of Pico Rivera (City) and approval agencies. Leveraging our national presence, multi-disciplinary team, and client focused service, we apply lessons learned from our vast experience to each and every challenge. Clients benefit from this approach – they receive consistently high-quality service, innovative designs, and functional solutions that are responsive to their needs and often exceed their expectations. We understand that our success is measured by our ability to listen to and collaborate with our clients. A cornerstone of our success is our client-focused service, staff qualifications, firm commitment, and desire to successfully complete each assignment to the satisfaction of all clients.

The specialized expertise of our department includes facilities master planning, design, and construction management services for diverse municipal capital improvement facilities. The following information summarizes our company facts and contact information:

Company Legal Name: Tetra Tech, Inc.

Legal Form of Company: Corporation
Publicly Traded NASDAQ-TTEK
Project Office Address: 17885 Von Karman Avenue
Suite 500
Irvine, CA 92614-5227
Contact Person: Tom Epperson, PE, Vice President
Telephone: 949/809-5156
E-mail: [email protected]
Tetra Tech’s reputation as a
leader in consulting
engineering is validated by
Top 10 ratings annually by
Engineering-News Record.

Exhibit A_Page 002
TETRA TECH Page | 2

WHY TETRA TECH
Our Project Team has more than seven decades of experience working in the public sector. This history of successfully completed projects has demonstrated our ability to integrate our team with various clients due to our knowledge of the public sector process. Our approach to this project will include a “teamwork and partnering” approach with the City. Our intention is to use this project as a step in building a solid, long-term working relationship with the City. We will do this by exceeding your expectations through hard work, attention to detail, high level of communication, and close schedule and budget control.

Our experience with similar projects will ensure that the City will receive a high level of service delivered by qualified, knowledgeable engineering professionals. Highly meticulous and coherent plans and specifications benefit all project stakeholders, with the largest benefit realized by the Owner. Quality contract documents clearly lead to a larger number of bidders, lower competitive bid prices (due to increased competition, the contractor has less to assume and take the risk for, and a greater overall comfort level in our design based on a long history of successful projects), and lowest overall cost while achieving a very high-quality end product (quality contract documents mitigates the potential, and impact of change orders, and sets forth a standard of quality the contract must achieve).

No two projects are the same, although many are similar. The key is to utilize elements of work that have been successful and can be appropriately applied to this project, continue to improve construction efficiencies without lowering quality based on contractor feedback, and maximize the overall operational flexibility.

Tetra Tech has a large talent pool to draw from and can provide the necessary resources to rapidly deploy and meet aggressive project schedules. In addition, Tetra Tech is especially proud of its high level of repeat customers, which we attribute to our dedication and commitment to quality engineering and client satisfaction.

Thus, we invite you to contact our references regarding our past record of performance, client relations, and project satisfaction.

Tetra Tech fully understands the importance of your project. We are offering an outstanding team, which combines the experience, depth, and understanding needed for the successful delivery of this project. Our core principles establish how we plan to work together with the City to successfully complete this project:

Service: Tetra Tech puts its clients first. We listen to and better understand our clients’ needs and deliver smart, cost-effective solutions that meet those needs. Our philosophy is to “Do it Right.” 
Value: Tetra Tech takes on our clients’ problems as if they were our own. We develop and implement real-world solutions that are cost-effective, efficient, and practical. 
Excellence: Tetra Tech brings superior technical capability, disciplined project management, and excellence in safety and quality to all of our work.

Opportunity: Our people are our number one asset. Our workforce is diverse and includes leading experts in our fields. Our entrepreneurial nature and commitment to success provides challenges and opportunities.

SECTION 2 – PROJECT TEAM
Tetra Tech has assembled a project team that possesses the knowledge, experience, and enthusiasm necessary to successfully complete this project. We are devoted to completing your project within schedule and under budget, and not only meet, but exceed your expectations. Resumes for key members of our Project Team can be found in the Appendix - Resumes section of this proposal. The following page summarizes the qualifications of key staff personnel that will be assigned to this project:

Exhibit A_Page 003
TETRA TECH Page | 3
Tom Epperson, PE | Project Director
 As Project Director, Tom will be responsible for achieving the City’s stated goals and ensuring compliance with the project’s intent, completeness of final deliverables, and satisfaction of the City.
 More than 42 years of professional experience devoted entirely to water/wastewater and recycled water facility projects, Tom is one of Tetra Tech’s most experienced Project Directors.
 Responsible for completing the design of over 300 miles of water, recycled water, and sewer mains; 40 water/recycled water pump stations; 18 wellhead facilities; and 25 water/reclaimed water storage reservoirs throughout Southern California.

Neha Gajjar, PE | Project Manager
 Neha will be the focal point for communications between the City and members of the project team to ensure that the project needs are clearly spelled out and understood.
 More than 30 years of professional experience devoted entirely to water/wastewater and recycled water facility projects.
 Responsible for completing the design of over 200 miles of water, recycled water, and sewer mains throughout Southern California.

Erica Jenkins | Project Coordinator
 Erica will lead all technical aspects of the project for the first team and serve as our first team’s Lead Design Engineer.
 More than 30 years of professional experience in water, wastewater, and recycled water engineering; and has been responsible for the completion of over 200 miles of potable water, recycled water, and sewer mains.  Erica has completed various water main projects for Mesa Water District, City of Lakewood, Golden State Water Company, and City of Paramount, which are similar in nature to this project.

Jaden Miller, PE | Design Engineer
 Jaden will assist Ms. Jenkins in the technical design of the water system.  More than five years of project experience in water, wastewater, and recycled water engineering.
 Jaden has completed various water main projects for Mesa Water District, City of Lakewood, Golden State Water Company, and the City of Santa Ana, which are similar in nature to this project.

Exhibit A_Page 004
TETRA TECH Page | 4
Design Engineers
Ashley Pham, EIT, and Justin Clark, EIT, will assist Mr. Miller with the preparation of the design plans, including base files and utility plotting. Ashley has completed various water main projects for Golden State Water Company and the City of Downey that are similar in nature to this project.

Subconsultants
In order to accommodate all services required for this project, Tetra Tech has added Metz Surveying and BESS Testlab, for Surveying and Potholing services. Tetra Tech has worked closely with our subconsultants on various projects and is confident in their ability to provide the services needed.

Team Member Availability
The following table shows our Project Teams’ availability, areas of responsibility, and percentage of time key personnel will contribute to the project:

Name Role Areas of Responsibility Availability
Tom Epperson, PE Project Director Project Oversight, Technical Input, Quality Control, Constructability Review 5%
Neha Gajjar, PE Project Manager Main Point of Contact, Project Management, Technical Issues 25%
Erica Jenkins Project Coordinator Civil Engineering Design 50% Jaden Miller, PE Design Engineer Civil Engineering Design 75% Ashley Pham, EIT
Justin Clark, EIT Design Engineer Civil Engineering Design 75% Exhibit A_Page 005
TETRA TECH Page | 5
SECTION 3 – STATEMENT OF QUALIFICATIONS
The following is a summary of similar projects on which our project team is working or has completed:

Project Name Client Type of
Project Scope
Design
Complete
Date
Const
Complete
Date
Design
Staff
4 th Street Water
System
Improvements
City of Downey PW
Lorena Powel, PE
Project Manager
562/904/7110
Design
Bid/Build
Design
1,500 LF of
6” DIP
On-going TBD
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Jaden Miller, PE (DE)
Firestone Blvd at
Lakewood Blvd Water
System
Improvements
City of Downey PW
Lorena Powel, PE
Project Manager
562/904/7110
Design
Bid/Build
Design
3,500 LF of
8” DIP
On-going TBD
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Ashley Pham, (DE)
WQ4 Area Main
Replacement
Golden State Water
Company
Justin Doronio, PE
Project Manager
310/436-6950
Design Build
Design
12,700 LF of
8”/12” PVC
November
2022 TBD
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Jaden Miller, PE (DE)
Spinnaker Bay Drive
Water Main
Replacement
Phase 2
Long Beach Water
Dept
Wendy Chen,PE
562/570-2340
Design
Bid/Build
Design 4,000 LF
of 6/8/12-inch
PVC Pipe
February
2023 TBD
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Ashley Pham, (DE)
Spinnaker Bay Dr
Water Main
Replacement
Phase 1
Long Beach Water
Dept
Wendy Chen, PE
562/570-2340
Design
Bid/Build
Design 3,500 LF
of 6/8/12-inch
PVC Pipe
February
2022 2023
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Jaden Miller, PE (DE
La Palma Ave. and
Tustin Ave. Water
Main Replacements
at OCTA Railway
Crossing
City of Anaheim
Jacob Hester, PE
714/765-4421
Design
Bid/Build
Cross under RR
(Bore and Jack
Operation)
Design 150 LF
of 12-inch DIP
and 150 LF of
36-inch Steel
Pipe
August 2021 TBD
Tom Epperson, PE, (PD)
Neha Gajjar, PE, (PM)
Erica Jenkins, (DL)
Jaden Miller, PE (DE)
Katella Water Main
Replacements
(Phase 1 and Phase 2)
City of Anaheim
Jacob Hester, PE
714/765-4421
Design
Bid/Build
Design 3,000 LF
12-inch DIP and
2,700 16-inch
Steel Pipe
March 2017 2019 Tom Epperson, PE, (PD)
Erica Jenkins, (DL)
(PD) Project Director, (PM) Project Manager, (DL) Design Lead, (DE) Design Engineer Exhibit A_Page 006
TETRA TECH Page | 6
Additional Pipeline Replacement Experience
Key members of our proposed project team have been involved in the designs and/or construction support services of more than 300 miles of water, recycled water, and sewer mains within fully developed areas having extensive traffic control and utility conflicts. Tetra Tech considers these types of projects to be exactly the type and complexity that we excel at executing efficiently and successfully. The following table summarizes pipeline projects designed by our project team that have met challenges similar to your project:

Client Contact Person Project Description Project Team
Mesa Water
District
1965 Placentia
Ave.

Costa Mesa, CA
92677
Andrew Wiesner, PE
Program Manager
949/207-5458
1951 Cohort Pipeline Replacement
Mesa Water District desired to replace
22,000 linear feet of 4-inch through 12-inch steel
pipe constructed in 1951 which has experienced
multiple failures. The proposed replacement
pipelines are proposed parallel to the existing
water main allowing to minimize water service
interruption. The project includes the
replacement of 400 residential/commercial water
services and coordination with the City of Costa
Mesa’s Street resurfacing program. Tetra Tech
provided final design and construction phase
services
This project is on-going.

Tom Epperson, PE
Project Director
Neha Gajjar, PE
Project Manager
Erica Jenkins
Project Coordinator
Jaden Miller, PE
Design Engineer
City of
Lakewood
5050 Clark
Avenue
Lakewood, CA
90712
Michael Santillan
Water Distribution
Supervisor
562/866-9771
Ext. 2704
Water Main Replacement Projects
Tetra Tech was retained by the City for the last 17
years to provide design services to replace over
150,000 linear feet of 6/8 inch aging water mains
throughout the City. Tetra Tech has provided the
City with plans, specifications, and engineer’s
construction cost estimates for several phases of
water main replacement projects.

These projects have been completed.

Tom Epperson, PE
Project Director
Neha Gajjar, PE
Project Manager
Erica Jenkins
Project Coordinator
Jaden Miller, PE
Design Engineer
Golden State
Water Company
19750 S.

Vermont
Avenue, Ste. 115
Torrance, CA
90502
Justin Doronio, PE
Project Engineer II
310/436-6950
Ex. 111
175th and 185th Area Main Replacement Design
Build Project
Design of 8,000 LF of 8-inch water main.

Tetra Tech provided plans and construction
assistance for the water main project in the City
of Artesia.

This project was completed in 2021.

Tom Epperson, PE
Project Director
Neha Gajjar, PE
Project Manager
Erica Jenkins
Project Coordinator
Jaden Miller, PE
Design Engineer
City of Santa
Ana
Water
Resources
Division
Administration
& Engineering
220 S. Daisy
Avenue 2nd Floor
Santa Ana, CA
92703
Rudy Rosas, PE
Project Manager
714/647-3379
Centennial Park Neighborhood Water Main
Improvements
Central City Water Main Improvements
Pico-Lowell Neighborhood Water Main
Improvements
Mid-City Neighborhood Water Main
Replacement Project
Bristol Street Widening Water Main
Replacement Project
Design of 49,800 LF of 8/12-inch PVC pipe within
various locations in the City of Santa Ana.

These projects have been completed.

Tom Epperson, PE
Project Manager
Erica Jenkins
Design Engineer
Exhibit A_Page 007
TETRA TECH Page | 7
SECTION 4 – PROJECT UNDERSTANDING AND PROJECT APPROACH
Project Understanding
The City of Pico Rivera plans to replace undersized and aging water pipelines throughout the City. The City will replace approximately 10,000 linear feet of pipe. The existing and proposed pipe sizes and materials are summarized below:

Water Main
Replacement
Project
Project Locations Length
(LF)
Existing
Water
Main
Diameter
Proposed Water
Main Diameter
W41
Eglise Avenue
Cord Avenue
Hasty Avenue
Sideview Drive
Songfest Drive
Bennington Avenue
Farmland Avenue
1,975 4-inch 8-inch
W98
Sandoval Avenue
Woodford Street
Amistad Avenue
4,580 10-inch 10-inch
W98 Washington Boulevard 3,500 17-inch 18-inch
Project Management
Over the years, Tetra Tech has established well defined, rigorous procedures for project management. These techniques have been developed and refined and have contributed to our success and reputation. The keys to our project management system are communication, project planning, monitoring, and quality assurance. The Tetra Tech team’s goal is to keep City staff “in the loop” from day one of the project. Communication tools include formal progress reports afforded through our project management system and an informal give-and-take approach starting with Tom Epperson, PE, our Project Director, and extending to every member of the Tetra Tech team.

At the project’s onset, the chain of command and appropriate communication methods will be agreed upon and can be as formal or informal as the City desires. We will use the entire communication spectrum, including formal meetings with agenda and typewritten notes; informal meetings with notes to file; documentation of telephone communications, with notes to file or letters of understanding as appropriate follow-up; email to keep the City aware of the status of the project; and conference calls with the City to discuss the project status and any critical decisions that need to be made by the City when necessary.

In addition, each month we will prepare a project status report containing the following:
 Summary of completion of tasks
 Project status summary report showing budget status
Communications
The key to any successful project is effective communication. As our project partner, we propose to involve the City staff in open, honest communications from the very start of the project. Our communications will include monthly reports, invoices and schedule updates, meetings with the City staff, and project documentation available upon request. All information can be provided electronically via email.

Exhibit A_Page 008
TETRA TECH Page | 8
Quality Control
Tetra Tech has a well-established Quality Practices Manual (QPM), which will be in effect during the entire duration of the project. The QPM describes Tetra Tech’s quality program policy and requirements for all engineering services. The purpose of the QPM is to define basic quality assurance and quality control (QA/QC) requirements that will guide, as applicable, all Tetra Tech projects during the planning, implementation, work product preparation, and field activities. The QPM describes Tetra Tech’s quality program organization, basic quality management system requirements and basic QA and QC requirements during all phases of the project.

We modeled our quality program after the quality management principles outlined in the International Organization for Standardization 9000. One of the first steps is to identify the project’s goals, objectives, key issues, and constraints as initially developed by the RFP and further expanded within this proposal. These will again be further developed as an agenda item for the kick-off meeting, at which time brainstorming of other items may arise. Once set, the goals and objectives become an underlying theme of the contract and execution of the work. These goals are communicated to all project stakeholders and design staff and are reviewed periodically throughout the duration of the project. If desired and agreed upon by the stakeholders, the goals and objectives can be modified as the project evolves. At the end of the project, the quality is judged on how the goals and objectives of the project are met. We desire to not only meet but to exceed the goals and expectations of the City on this project.

Project Approach
We believe there are four (4) key items to address early in the design for a successful pipeline alignment plan.

Based on our years of experience with similar pipeline and water system improvement projects, our familiarity with the City’s concerns, and our design capabilities – Tetra Tech has a comprehensive understanding of these issues. The following is our approach to addressing the key items:

1. Alignment Selection: We will evaluate the proposed pipeline alignment relative to clearance from existing utilities; constructability; traffic impacts; and community impacts. The alignment must also meet Division of Drinking Water and City design guidelines. The intent of the alignment selection is to achieve a cost-effective location, which provides the contractor with adequate room for safety, efficient operation, and the least possible disruption to the public.

2. Maintaining Service: It is vital to maintain water quality and reliability of the City’s water system during the installation of the new main. Service disruptions should be minimal, taking time only to make the final new main connections to the existing system. During the design process, we will take into consideration ways to minimize duration of the shutdowns by reviewing the valve shut-down sequence with the City, while also minimizing the construction costs.

3. Valve Closures: In a system that has aged water mains, the existing valves that need to be shut down when making connections may not be drip tight. Our team will work closely with the City’s operations staff to determine which valves are operable and can be shut down to make the connections to the existing system.

4. Coordination with City: Immediately upon Notice-to-Proceed, Tetra Tech will meet with the City to coordinate and define the project requirements. These requirements may include establishing the contractor’s working hours; identifying lane closures; noting locations for storage of equipment; defining the trench backfill material; and establishing limits of pavement removal and replacement. We have learned that early coordination on these items minimizes the number of change orders during construction.

Exhibit A_Page 009
TETRA TECH Page | 9
SECTION 5 – REVISED SCOPE OF WORK
The City has prepared a scope of work in the RFP which has been thoroughly reviewed by our project team members. We acknowledge the scope of work in the RFP and have provided the following modifications/clarifications to specific items as appropriate:

Task 1: Meetings, Project Management and Quality Assurance Subtask 1.1 Project Meetings
We have assumed the project management and administration will include a total of three (3) meetings with the City for the following items:

Meeting No. Description
1 Kick-Off Meeting
2 65% Design Submittal Review
3 90% Design Submittal Review
Each meeting is estimated to be approximately one (1) hour, virtually at this time.

Subtask 1.2 Project Management
Tetra Tech will complete project management duties for this project, including day-to-day communications, budget/schedule tracking, invoicing, and coordinating with the City. This task is for a 5-month duration.

Subtask 1.3 Quality Assurance
Tetra Tech will perform independent quality reviews prior to all submittals. All individuals completing quality reviews will be completely independent from this project; that is that they have not completed any portion of the calculations, design or drafting on the project.

Deliverables: Agendas and minutes for three (3) meetings; schedule updates at each milestone.

Task 2: Preliminary Design Phase
Subtask 2.1 Utility Research and Investigation
Tetra Tech will coordinate with the City to obtain record drawings of existing water facilities, substructure maps, standard title sheet and title blocks, and standard plans and specifications necessary to support the preparation of the project documents. Tetra Tech will also obtain a list of the utility owners from USA Dig Alert. Each utility owner will be contacted to obtain available record drawings, as-built plans, atlas maps and any other pertinent data within the project area.

Subtask 2.2 Horizontal Control and Ground Survey
Metz Surveying will perform a topographic survey of the Water Main Replacement Projects CIP No. 50078. Cross sections at 100-foot intervals will be collected as well as all topographic site features and surface utilities within the existing right-of-way using a combination of Trimble R8-4 GPS and Trimble S6 Robotic Total Station equipment.

A right-of-way survey will be prepared based upon observed field monumentation and record Information. The survey will be tied horizontally to the California State Plane Coordinate System NAD83 (2017.50 Epoch) and based on existing centerline monumentation. Vertically, the survey will be tied to NAVD 88 (2012 Adjustment) based on observed Los Angeles County public works benchmarks.

The topographic/right-of-way survey will be delivered in AutoCAD 2019 Civil3D format with contours generated at half-foot intervals unless otherwise requested by the client.

All survey work performed by Metz Surveying will be under the direct supervision of a Professional Land Surveyor licensed in the state of California.

Exhibit A_Page 010
TETRA TECH Page | 10
Survey monuments will not be re-established during this task.

Subtask 2.3 Basemap Preparation
Tetra Tech will utilize the topography file from Metz Survey to construct the base map for the project site. The base map will include the street centerlines, right-of-way limits, and all utilities within the project area.

Subtask 2.4 Field Visit
Tetra Tech will complete a field walk to confirm the location of all visible surface features of utilities and public/private improvements within the proposed project site. We will then reconcile what was found in the field with the plotted basemap to create an updated reflection of the project area.

Subtask 2.5 Preliminary (35%) Design
Tetra Tech will prepare a 35% preliminary design identifying existing utilities within the project limits, a recommended alignment for the new water main, water service connections and all fire connections, fire hydrants and their connections, flush out and/or air and vacuum release valves as needed, tie-in details, City standard main trench detail, addresses and property boundaries with water services, and all standard and special notes required by the City. Per the RFP, this submittal will only include the plan view of the proposed alignment. Upon receiving the City’s approval, Tetra Tech will proceed with the final design task.

Task 3: 65% Design Submittal
Tetra Tech will prepare a 65% design submittal and cost estimate (including list of quantities and estimated cost per unit) to the City for review and comment. We envision providing the City with the following project sheets:

Project Plan Sheets
 Title Sheet, Location Map, Vicinity Map (1 Sheet)
 Sheet Index (1 Sheet)
 General Notes, Standard Symbols, Abbreviations, Legends, Utility Agency Index, Referenced Standards and Specifications (1 Sheet)
 Plan and Profile Sheets (12 Sheets) (Horiz. 1” = 40’) (Vert. 1” = 4’)  Connection Details (4 Sheets)
 Miscellaneous Piping Details – Standard City Details (2 Sheets)  Abandonment Details (1 Sheet)
Task 4: 90% Design Submittal
Subtask 4.1 90% Plans
Tech will prepare a 90% progress submittal to the City for review and comment. City comments from the 65% submittal will be incorporated during this submittal.

Subtask 4.2 Project Specifications and Special Provisions Tech will prepare specifications for the 90% progress submittal. Tetra Tech will edit the Special Provisions, as necessary. We will also prepare the relevant technical specifications that will be formatted in accordance with CSI.

Subtask 4.3 Cost Estimates
Tech will update the cost estimate from the 65% submittal and will incorporate during this submittal.

Exhibit A_Page 011
TETRA TECH Page | 11
Task 5: Final Design Submittal
Subtask 5.1 Final Plans
Tech will prepare a Final Design Plans submittal to the City for review and comment. City comments from the 90% submittal will be incorporated during this submittal. We will address any City’s minor final design comments and submit Final Design for bidding.

Subtask 5.2 Project Specifications and Special Provisions Tech will update the specifications from the 90% submittal and will incorporate during this submittal. After the City’s review of final submittal, we will submit Final version of the documents.

Subtask 5.3 Cost Estimate
Tech will update the cost estimate from the 90% submittal and prepare the Final cost estimate.

Tetra Tech will provide AutoCAD “DWG” Release 2018 or newer format of the project plans. (We will submit one base file that will contain centerline, right-of-way, existing utilities, topography, and the proposed water main to be incorporated into the City’s GIS system.)
Task 6: Permitting
Not included in this scope of work.

Task 7: Traffic Control
Not included in this scope of work.

Task 8: Potholes (OPTIONAL ITEM OF WORK)
Tetra Tech will have a subconsultant, Bess, perform potholing investigation services. We have budgeted for 15 potholes. Tetra Tech will prepare a pothole plan for the City’s review and approval prior to the work effort.

Pothole subconsultant will provide the following: Dig Alert Coordination & Delineation, Encroachment Permit (No Fee) processing, Vacuum Excavation to top of utility, encasement or stop depth, Standard Traffic Control per WATCH Manual, Permanent Cold Patch, Sand Backfill, Removal of Debris, and a Pothole Report.

Task 9: Record Drawings (OPTIONAL ITEM OF WORK)
Tetra Tech will prepare record drawings from Contractor provided redlined drawings created during and at the completion of construction efforts. Record drawings will be in adobe.pdf and AutoCAD 2018 drawing format.

Task 10: Construction Support Services (OPTIONAL ITEM OF WORK) Construction Support Services depend greatly on the Contractor’s construction schedule, the adequacy of his submittals, and the quantity of issues/conflicts that arise during the construction of the project. Tetra Tech does not control the quantity of submittals and resubmittals, RFIs or the issues that arise during the construction process. In addition, Tetra Tech does not control the adequacy of the submittals prepared by the Contractor or the level of additional information requested by the Contractor. Tetra Tech will perform the engineering construction support services on a time and material basis while not exceeding the approved budget for the construction support services. The following is a summary of the anticipated level of service which the not-toexceed budget was based on:
 Bidding Support: Tetra Tech will respond to questions during the bidding process. For this proposal, we have assumed the need to prepare a maximum of two (2) addenda. The City will be responsible to transmit the addendums to the bidders.
 Respond to RFI’s/RFC’s: For this proposal, Tetra Tech will respond to a maximum of 10 RFI’s/RFC’s submitted by the Contractor which will include providing clarifications to the plans and specifications.

Tetra Tech will maintain a log and track all RFI’s and RFC’s.

Exhibit A_Page 012
TETRA TECH Page | 12
 Shop Drawing Review: Tetra Tech will review shop drawings and samples for compliance with the plans and specifications. Tetra Tech will log, monitor and track all shop drawings. For this proposal, we have assumed a maximum of 25 shop drawings will require our review and have included a budget for a second review of 10 of these submittals.

Exclusions:
 Geotechnical Investigation
 Environmental Exhibits Processing
 Traffic Control Plans
 Permitting Procurement

PROJECT SCHEDULE
Tetra Tech has evaluated the expected duration of tasks and required milestones and timelines. We have assumed that the Notice-to-Proceed will begin May 9, 2023. We have prepared a summary of key milestone dates which is shown below. An overall schedule is provided in the Appendix.

Please note, currently, the utility agencies are providing us plans as late as 10 weeks from the day of request.

For Tetra Tech to adhere to a reasonable schedule, we must have all related City construction plans on the day of the kick-off meeting.

Milestone Key Milestone Dates
Kick-off Meeting Week of May 9, 2023
Preliminary Engineering
(Utility Research, Potholing)
May 9, 2023 to
June 20, 2023
65% Design August 1, 2023
City Review Completed August 8, 2023
90% Design August 15, 2023
City Review Completed August 29, 2023
Submit Final Signed Plans September 15, 2023
If the utility research information is not provided within the period noted in the table above by the utility companies, we will use field markups and visible surface features to incorporate into the base map until the plans are provided to ensure there will be no delay in the project schedule.

FEE PROPOSAL
Per the RFP a complete breakdown of man-hours and fee is provided in this proposal. Our hourly rate schedule is included as Exhibit A.

ASSUMPTIONS

1. Bypassing and highline plans if necessary are not included.

2. The City will provide standard template for previous waterline replacements or default to template used for preliminary drawings.

3. The City will provide the front-end boilerplate documents for editing.

4. It is assumed Traffic Control Plans will be the responsibility of the Contractor.

Exhibit A_Page 013

EXHIBIT B

APPROVED FEE SCHEDULE
Price Summary / Totals
Task Pricing Totals 180,000
Specify Add'l Fees on Setup 0
Technology Use Fee
Proj Area > Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech Civil/Mech 180,000 Submitted to: City of Pico Rivera
Contract Type: T&M
Project Phases / Tasks From Thru Months 932 12 52 121 122 329 296 0.00% 131,290 48,101 138 - 471 180,000 2 3 4 5 6 7
Task 1 - Project Management and Quality Assurance 23 6 13 4 - - - 6,705 - - - 25 6,730

1.1 Project Meetings (3 mtgs) 04/10/23 08/23/23 4.4 10 87 6 3 3 1,440 1,440

1.2 Project Management (5 months) 04/10/23 08/23/23 4.4 10 87 10 10 3,050 3,050

1.3 Quality Assurance 04/10/23 08/23/23 4.4 10 87 7 6 1 2,215 25 2,240 Task 2 - Preliminary Design Phase 122 - 2 6 6 42 66 14,980 22,701 138 - 331 38,150

2.1 Utility Research and Investigation 04/18/23 05/29/23 1.3 3 27 12 12 1,380 331 1,711

2.2 Horizontal Survey and Ground Control 04/18/23 05/29/23 1.3 3 27 2 2 230 22,701 22,931

2.3 Basemap Preparation 04/18/23 05/29/23 1.3 3 27 38 8 30 4,370 4,370

2.4 Field Visit 04/18/23 05/29/23 1.3 3 27 16 8 8 1,840 138 1,978

2.5 Preliminary (35%) Design 04/18/23 05/29/23 1.3 3 27 54 2 6 6 24 16 7,160 7,160 Task 3 - 65% Design Submittal 467 - 7 17 42 219 182 57,525 - - - - 57,525

3.1 65% Plan Submittal 461 - 6 16 42 215 182 56,585 - - - - 56,585 Title Sheet (1 sheet) 05/30/23 08/23/23 2.7 7 54 9 1 6 2 1,095 1,095 Sheet Index (1 sheet) 05/30/23 08/23/23 2.7 7 54 9 1 6 2 1,095 1,095 General Notes Sheet (1 sheet) 05/30/23 08/23/23 2.7 7 54 10 1 1 6 2 1,400 1,400 Plan and Profile Sheets (12 sheets) 05/30/23 08/23/23 2.7 7 54 309 2 6 22 137 142 37,045 37,045 Connection Details (4) 05/30/23 08/23/23 2.7 7 54 81 1 4 16 36 24 10,305 10,305 Miscellaneous Piping Details (2 sheets) 05/30/23 08/23/23 2.7 7 54 25 1 2 16 6 3,185 3,185 Abandonment Details (1 sheet) 05/30/23 08/23/23 2.7 7 54 18 1 1 4 8 4 2,460 2,460

3.2 Engineer's Estimate 05/30/23 08/23/23 2.7 7 54 6 1 1 4 940 940 Task 4 - 90% Design Submittal 106 - 3 29 12 38 24 14,920 - - - - 14,920

4.1 90% Plan Submittal 05/30/23 08/23/23 2.7 7 54 64 4 4 32 24 7,740 7,740

4.2 Specifications 05/30/23 08/23/23 2.7 7 54 34 2 24 8 6,010 6,010

4.3 Engineer's Estimate 05/30/23 08/23/23 2.7 7 54 8 1 1 6 1,170 1,170 Task 5 - Final Design Submittal 59 - 3 15 12 20 9 8,675 - - - - 8,675

5.1 Final Design Submittal 05/30/23 08/23/23 2.7 7 54 24 1 1 2 12 8 3,080 3,080

5.2 Final Specifications 05/30/23 08/23/23 2.7 7 54 17 1 12 4 3,005 3,005

5.3 Final Engineer's Estimate 05/30/23 08/23/23 2.7 7 54 18 1 2 6 8 1 2,590 2,590 Task 6 - Permitting - - - - - - - - - - - - -

6.1 City of Pico Rivera 05/30/23 08/23/23 2.7 7 54 - -

6.2 DDW 05/30/23 08/23/23 2.7 7 54 - -
Task 7 - Traffic Control - - - - - - - - - - - - -
Contractor will Prepare 05/30/23 08/23/23 2.7 7 54 - -
Task 8 - Potholing (OPTIONAL TASK) 05/30/23 08/23/23 2.7 7 54 4 - - - 4 - - 600 25,400 - - - 26,000 Potholing Services (15) 05/30/23 08/23/23 2.7 7 54 4 4 600 25,400 26,000 Task 9 - Record Drawings (OPTIONAL TASK) 05/30/23 08/23/23 2.7 7 54 23 - - 2 - 6 15 2,765 - - - 35 2,800 Prepare Record Drawings 05/30/23 08/23/23 2.7 7 54 23 2 6 15 2,765 35 2,800 Task 10 - Construction Support Services (OPTIONAL TASK) 128 6 24 48 46 4 - 25,120 - - - 80 25,200 Bidding Support (2 addendums) 24 4 8 8 4 5,800 5,800
Respond to RFIs/RFCs (10) 28 2 10 10 6 6,380 20 6,400
Shop Drawing Review (25/10) 76 6 30 36 4 12,940 60 13,000 Totals 04/10/23 08/23/23 4.4 932 12 52 121 122 329 296 0.00% 131,290 48,101 138 - 471 180,000 6 Resource
Water Main Replacement Projects - Negotiated
Price Proposal Revision Date:

Jan 20, 2023
Labor Plan
Engineer 2 (Justin Clark)
Pipeline Replacement Project - Negotiated Scope and Budget Total Price Pricing by Resource
Civil/MechProgram Manager (Tom Epperson)
Task Pricing
Schedule Totals Work Days Off Work Days
Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Senior Project Manager
Rate Esc. Labor
(Neha Gajjar)Sr Engineer 1 (Erica Jenkins)Project Engineer 1 (Jaden Miller)Engineer 2 (Ashley Pham) Tetra Tech - Confidential and Proprietary Printed 4/4/2023 Page 1 of 1 Exhibit B_Page 001
Exhibit B_Page 001

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works.

The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions.

Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

To: Mayor and City Council
From: City Manager
Meeting Date: May 9, 2023
Subject: FIRST READING – INTRODUCE AN ORDINANCE

PROHIBITING SPECTATORS AND PARTICIPANTS AT

ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR
EXHIBITIONS OF SPEED KNOWN AS “STREET
TAKEOVERS”
Recommendation:

1. Introduce and waive first reading of an ordinance to add Chapter 10.84 to the Pico Rivera Municipal Code to prohibit spectators and participants at illegal motor vehicle speed contests or exhibitions of speed and to establish the forfeiture of nuisance vehicles engaged therein; and

2. Authorize the City Manager (or authorized designee) to accept and execute all documents necessary to implement and enforce the proposed ordinance.

Fiscal Impact:

There is no fiscal impact as a result of the recommended action at this time, as the costs may have been incorporated into the operating budget of various departments.

Background:

The Pico Rivera City Council (City Council) recognizes the importance of public safety and the need to keep roadways and public rights of way safe for all residents, businesses, and stakeholders. The increase in illegal vehicle spectacle events known as “street takeovers”, where individuals perform dangerous vehicle maneuvers on public intersections for large crowds requires immediate attention. Street takeovers are dangerous events that not only pose risks to drivers and spectators but also cause damage to City streets and private property.

At the February 14, 2023 meeting, the City Council directed staff to bring an ordinance before the City Council, exploring options for enforcement, such as citations, vehicle impounding, and law enforcement, for drivers and spectators involved in illegal street takeovers. The City Council recognizes the urgent need to address this issue and is 16a
CITY COUNCIL AGENDA REPORT – MEETING OF MAY 9, 2023
FIRST READING – INTRODUCE AN ORDINANCE PROHIBITING SPECTATORS AND

PARTICIPANTS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIONS OF SPEED KNOWN AS “STREET TAKEOVERS”
PAGE 2 OF 4
committed to taking proactive measures to prevent and deter street takeovers from occurring in the community.

Illegal street takeovers have detrimental effects on the community, including damaging city streets and private property, posing risks to public safety, and disrupting the quality of life for residents. The City of Pico Rivera (City) aims to protect its residents, businesses, and visitors from the negative impacts of illegal street takeovers by implementing effective measures to prevent and respond to these incidents.

The proposed ordinance and enforcement options will provide the City with additional tools to address the issue of illegal street takeovers, deter such activities, and ensure that the roadways in Pico Rivera remain safe for everyone. By taking action, the City Council aims to send a strong message that illegal street takeovers will not be tolerated in Pico Rivera and that the safety and well-being of its residents and visitors are of paramount importance.

Discussion:

Streets, highways, and street intersections within the City have been the site of continuing and escalating illegal street racing and exhibitions of speed, commonly referred to as “street takeovers.” Participants in these street takeovers accelerate to extremely high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. These street takeovers create an environment where persons engage in automobile performance demonstrations for the entertainment of participants and spectators, described as dangerous driving behavior and reckless driving when fleeing upon the arrival of law enforcement.

The mere presence of spectators at street takeovers serves to exacerbate the occurrence of these illegal vehicle speed contests and exhibitions of speed, creating an environment for these illegal activities that place the safety and welfare of the public and spectators themselves at risk.

Street takeovers are planned and coordinated by participants and spectators through the use of the internet, cell phones, social media, police scanners, and other electronic devices that allow them to move from one location to another to avoid detection and prosecution by local law enforcement. Illegal motor vehicle speed contests and exhibitions of speed damage the streets, highways, and intersections in the City, making the expenditure of public funds necessary to repair such damages.

Spectator Violations and Penalties
Under the proposed ordinance, any individual who is knowingly present as a spectator at an illegal motor vehicle speed contest or exhibition of speed (street takeovers) or where mere preparations are being made for a street takeover is guilty of a CITY COUNCIL AGENDA REPORT – MEETING OF MAY 9, 2023
FIRST READING – INTRODUCE AN ORDINANCE PROHIBITING SPECTATORS AND

PARTICIPANTS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIONS OF SPEED KNOWN AS “STREET TAKEOVERS”
PAGE 3 OF 4
misdemeanor. An individual is present at street takeover if they are within 500 feet of the location of the event or within 500 feet of the location where preparations are being made for the event. The City Attorney or the District Attorney has the authority to prosecute a violation of this ordinance. Local law enforcement will have the authority under this ordinance to cite spectators with an administrative citation that will result in a fine of $2,000. The penalties in this ordinance are not exclusive, they will supplement any other regulatory codes, statutes, and ordinances enacted by the City, the State, or any other legal entity having jurisdiction.

Participants and Seizure/Forfeiture of Nuisance Vehicles Law enforcement has the authority to investigate, penalize, and arrest participants in these illegal street takeovers as provided under state law. The penalties in this ordinance are not exclusive, they will supplement any other regulatory codes, statutes, and ordinances enacted by the City, the State, or any other legal entity having jurisdiction.

A motor vehicle involved in these street takeovers will be considered a nuisance and will be seized and subject to forfeiture if (a) it is used in a street takeover in violation of California Vehicle Code Section 23109 and (b) it is driven by the owner, a member of the owner’s family, if the owner or member of their family are in the passenger seat, or if the driver lives at the same address as the owner, or if the driver or passenger has a prior contact in the vehicle according to law enforcement records. A law enforcement officer may seize a vehicle with a court order or without a court order if the seizure is incident to an arrest or search under a search warrant and there is probable cause to believe that the vehicle was used in violation of the ordinance. Upon seizure, the City Manager or their Public Safety designee must investigate any potential claimants to the vehicle and send a notice of seizure to the legal owner within 10 days of seizure. This notice will give the legal owner the opportunity to request a post-seizure hearing with a third-party administrator to determine the validity of the seizure.

The City Manager or its Public Safety designee, may order the forfeiture of vehicles seized if the factual circumstances warrant forfeiture under this ordinance and must serve a notice of intended forfeiture within 30 days of seizure of the vehicle. A person claiming a legal interest in the vehicle must within 10 days from the notice date filed with the Superior Court of the relevant county a claim opposing forfeiture. If no claims are filed or served within 15 days of the notice, the City Attorney may prepare a declaration of forfeiture that will be deemed good and sufficient title to the forfeited vehicle to the City. The City shall then sell the vehicle at a public auction set by the City Manager unless the vehicle is of such low value that it cannot be sold. In that event, the vehicle will be donated or destroyed. If the subject vehicle is stolen, it may be claimed by the registered owner after impoundment or sold if no legal claimant is found.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 9, 2023
FIRST READING – INTRODUCE AN ORDINANCE PROHIBITING SPECTATORS AND

PARTICIPANTS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIONS OF SPEED KNOWN AS “STREET TAKEOVERS”
PAGE 4 OF 4
Summary
Although California Vehicle Code Section 23109 makes street takeovers illegal, the proposed ordinance will implement more aggressive prohibitions and penalties to deter both the racing and the attendance of spectators. Before the City Council is a comprehensive regulatory ordinance (Enclosure 1) which both declares a vehicle used in violation of Vehicle Code Section 23109 as a nuisance and establishes a legal procedure of forfeiture of such vehicle engaged in street takeovers. This ordinance also gives proper notice to citizens as to what activities are lawful and what activities are unlawful. Violation of the proposed provisions will result in misdemeanor charges and/or citations.

Conclusion:

Based on the foregoing, it is recommended that the City Council introduce and waive the first reading on an ordinance to add Chapter 10.84 to the Pico Rivera Municipal Code to prohibit spectators and participants at illegal motor vehicle speed contests or exhibitions of speed and to establish the forfeiture of nuisance vehicles engaged therein and place it on the next regular agenda for adoption.

Steve Carmona
SC:PM:jgg
Enclosure: 1) Ordinance
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING CHAPTER 10.84 OF TITLE 10 OF THE

PICO RIVERA MUNICIPAL CODE TO PROHIBIT SPECTATORS AND

PARTICIPANTS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR

EXHIBITIONS OF SPEED AND TO ESTABLISH THE FORFEITURE OF

NUISANCE VEHICLES ENGAGED THEREIN
WHEREAS, the City Council of the City of Pico Rivera finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal; and WHEREAS, streets, highways and intersections within the City of Pico Rivera have been the site of continuing and escalating illegal street racing and exhibitions of speed over the past several years and are commonly referred to as “street racing/intersection takeovers; and
WHEREAS, such street racing and exhibitions of speed threaten the health and safety of the public, interfere with pedestrian and vehicular traffic and create a public nuisance; and
WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engaged in automobile performance demonstrations and other activities that include dangerous driving behavior for the entertainment of participants and spectators as well as reckless driving when fleeing law enforcement; and
WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed attract hundreds of juveniles and adults from all areas of southern California on a regular basis to participate or to be a spectator at these events; and WHEREAS, vehicles used in violation of California Vehicle Code Sections 23109(a) and (c) are a nuisance and will be forfeited to the City of Pico Rivera to prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests and exhibitions of speed; and
WHEREAS, the City Council of the City of Pico Rivera finds it is necessary and appropriate to take steps to protect public health and safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal motor vehicle speed contests and exhibitions of speed.

NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Pico Rivera as follows:

SECTION 1. Incorporation of Recitals. The City Council for the City of Pico Rivera finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.

ENCLOSURE 1
ORDINANCE NO. ____
PAGE 2 OF 13
SECTION 2. Chapter 10.84 “Illegal Speed Contests and Exhibitions of Speed,” of Title 10, “Vehicles and Traffic,” is hereby added to the Pico Rivera Municipal Code as follows:

Title 10 VEHICLES AND TRAFFIC
Chapter 10.84 ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED Section 10.84.010 Findings and purpose.
(a) The streets within the City of Pico Rivera (“City”) have been the site of continuing and escalating illegal street races over the past several years despite asserted efforts of local law enforcement agencies to prevent and otherwise abate this illegal activity through the enforcement of existing traffic laws. Illegal motor vehicle speed contests and exhibitions of speed are fueled by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish. Therefore, the intent and purpose of this Article is to discourage the presence of spectators at illegal vehicle speed contests and exhibitions of speed in the City. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. (b) This Chapter is adopted as a means to reduce illegal street racing and exhibitions of speed in the City by declaring the vehicles that are used in street racing activities and exhibitions of speed as nuisances and authorizing their seizure and forfeiture.
(c) This Chapter is not intended to preempt state law governing the regulation of speed contests or exhibitions of speed but rather compliment such laws by prohibiting spectators at illegal motor vehicle speed contests and exhibitions of speed events.

Section 10.84.020 Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “City” means the City of Pico Rivera.
(b) “Days” means workdays not including weekends and holidays. (c) “Driver” means any person who drives a motor vehicle. (d) “Illegal motor vehicle speed contest(s) or illegal exhibition of speed(s)” means any speed contest or exhibition of speed referred to in Vehicle Code Sections 23109(a) and 21309(c).

ORDINANCE NO. ____
PAGE 3 OF 13
(e) “Immediate family” means father, mother, sister, or brother. (f) “Legal owner” means a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.
(g) “Motor vehicle” means a vehicle as defined in Vehicle Code Section 670. (h) “Preparations” means those preparations for the illegal motor vehicle speed contest or exhibition of speed, including, but not limited to, situations in which:
(1) A group of vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; (2) A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events;
(3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; (4) One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;
(5) Two (2) or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;
(6) One (1) or more drivers is revving his/her engine or spinning his/her tires in preparation for the event; or
(7) An individual is stationed at or near one (1) or more motor vehicles serving as a race starter.
(i) “Registered owner” means a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505.
(j) “Spectator” means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term "spectator" includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

ORDINANCE NO. ____
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Section 10.84.030 Violation; spectator at illegal motor speed contests or exhibitions of speed.
(1) (a) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor. (b) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor.
(c) The City Attorney or District Attorney shall have the authority to prosecute any violation of this Section as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint. (d) An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within five hundred (500) feet of the location of the event, or within five hundred (500) feet of the location where preparations are being made for the event.
(e) Nothing in this Section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.
(2) (a) Notwithstanding any other provision of law, to prove a violation of this Section, admissible evidence may include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the scene;
(3) The number of people at the scene;
(4) The location of the individual charged in relation to any individual or group present at the scene;
(5) The number and description of motor vehicles at the scene; (6) That the individual charged drove or was transported to the scene; (7) That the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed;
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(8) That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed;
(9) That the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; or
(10) That the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal vehicle speed contest was in progress. (b) For purposes of this Chapter, "Scene" refers to the location of the Street Race or Exhibition of Speed or the location of the Preparations for the Street Race or Exhibition of Speed.

Section 10.84.040 Nonexclusive remedy.

This Chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest or exhibitions of speed. It supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction.

Local law enforcement agencies have the authority to cite spectators with an administrative citation. Such administrative citations will result in a fine of two thousand dollars ($2,000).

Section 10.84.050 Seizure and Forfeiture of Nuisance Vehicles.

A motor vehicle shall be declared a nuisance and shall be seized and subject to forfeiture under this Chapter if:
(a) It is used in violation of California Vehicle Code Sections 23109(a) or (c); and (b) (1) It is driven by the registered owner of the vehicle at the time of the violation, or the registered owner is a passenger in the vehicle at the time of the violation; or
(2) It is driven by a member of the registered owner’s immediate family at the time of the violation, or a member of the registered owner’s immediate family is a passenger in the vehicle at the time of the violation; or (3) The driver or a passenger lives at the same address as the registered owner at the time of the violation; or
(4) The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records.

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(c) Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code, § 38771, and as amended from time to time.

Section 10.84.060 Seizure of Vehicles Subject to Forfeiture. (a) A peace officer may seize a vehicle subject to forfeiture under this Section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(1) The seizure is incident to an arrest or search under a search warrant; (2) There is probable cause to believe the vehicle was used in violation of Section 10.84.050.
(b) A peace officer seizing a vehicle under this Section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
(c) An immediate investigation shall be made by the City Manager or its designee making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the City Manager or its designee finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, the City Manager or its designee shall, within ten (10) days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency. (d) The City Manager or its designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (c) above with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within ten (10) days of the request. A third-party administrator shall be contracted with the City and shall hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in this Section or to attend a scheduled hearing shall satisfy the post-seizure hearing requirement.

Section 10.84.070 Notice of Seizure.

The notice of seizure shall include the following:
(a) A description of the vehicle.
(b) The date and place of seizure.

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(c) The violation of law alleged with respect to forfeiture of the vehicle. (d) The instructions for filing and serving a claim with the City Clerk pursuant to Section 10.84.090 and time limits for filing a claim.
(e) A vehicle seized pursuant to this Chapter, where appropriate, may be held as evidence in any proceeding brought by the City Manager or its designee, City Attorney or District Attorney.

Section 10.84.080 Forfeiture and Notice of Intended Forfeiture of Vehicle. (a) The City Manager or its designee may, pursuant to this Section, order the forfeiture of vehicles seized under this Chapter.
(b) If the City Manager or its designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 10.84.050, the City Manager or its designee shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 days of the seizure of the vehicle subject to forfeiture. (c) The notice of intended forfeiture shall be served as follows:
(1) The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 10.84.060 (c). (2) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left.
b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
(3) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail. (4) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in ORDINANCE NO. ____
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a newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

Section 10.84.090 Claims Opposing Forfeiture.

A person claiming an interest in the vehicle seized pursuant to Section 10.84.050, must within ten (10) days from the date of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten (10) days of the filing of the claim.

Section 10.84.100 Administrative Forfeiture.

If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 10.84.080 or within five (5) days of personal service of the notice, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited vehicle.

A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Section 10.84.060. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.

Section 10.84.110 Judicial Forfeiture Proceedings.
(a) The filing of a claim within the time limit specified in Section 10.84.090 is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the City by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action.
(b) Upon proof that the vehicle was used for any of the purposes set forth in Section 10.84.050, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Section 10.84.170. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this Section.
(c) A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.

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Section 10.84.120 Community Property Interest Release.

If at the time of the violation there is a community property interest in the vehicle to be forfeited, and at the time of the violation the vehicle is the only vehicle available to the registered owner’s immediate family that may be operated with a class C driver’s license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:
(a) The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest; and
(b) The registered owner or the community property interest owner submits proof that the vehicle is properly registered pursuant to the California Vehicle Code; and (c) All towing and storage charges and any administrative charges authorized pursuant to California Vehicle Code Section 22850.5 and the Pico Rivera Municipal Code are paid; and
(d) The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 10.84.130, in consideration for the nonforfeiture of the vehicle.

Section 10.84.130 Stipulated Vehicle Release Agreement. (a) A stipulated vehicle release agreement shall provide for the consent of the signers to the automatic future forfeiture and transfer of title to the City of any vehicle registered to that person, if the vehicle is used in violation of California Vehicle Code Sections 23109(a) or (c). The agreement shall be in effect for five (5) years from the date of signing and shall be maintained by the City Manager or its designee.
(b) No vehicle shall be released pursuant to Section 10.84.120 if the City Manager or its designee has on file a prior stipulated vehicle release agreement signed by that person within the previous five (5) years.

Section 10.84.140 Vehicle Title Vesting in the City.

All right, title, and interest in the vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this Chapter.

Section 10.84.150 Sale of Forfeited Vehicle After Declaration of Forfeiture.

Any vehicle forfeited pursuant to this Chapter shall be sold once a declaration of forfeiture is issued by the City Attorney or an order of forfeiture is issued by a court, ORDINANCE NO. ____
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as the case may be, pursuant to Sections 10.84.100 and 10.84.110. The City shall offer the forfeited vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 29-

63. Section 10.84.160 Disposition of Low-Value Vehicles.

If the City Manager or its designee determines that the vehicle to be forfeited and sold pursuant to this Article is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a charitable organization. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this Section.

Section 10.84.170 Distribution of Sale Proceeds.
(a) The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
(1) To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice, the costs of sale, and the unfunded costs of judicial proceedings, if any; then,
(2) To the City for all legal expenditures, made or incurred by the City Attorney’s office in connection with the enforcement of this Chapter, including but not limited to, costs for investigation, litigation, and notices resulting from enforcement of this Article; then,
(3) To the City for local law enforcement for all expenditures other than personnel costs, made or incurred in connection with enforcement of this Chapter, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this Chapter; then,
(4) To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed; then
(5) Upon satisfactory proof to the City Manager or its designee, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then,
(6) To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is ORDINANCE NO. ____
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completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this Section; then, (7) To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then, (8) Of the remaining proceeds, 100 percent shall be transferred to the City via the Finance Director.
(b) A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this Article. (c) A forfeited vehicle shall not be sold to any person identified under Section

10.84.050 at the time the vehicle was seized.

Section 10.84.180 Accounting of Sale Proceeds.

The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.84.070 and shall provide a written accounting regarding the disposition to the City Manager or its designee and, on request, to any person entitled to a share of the proceeds to any person validly claiming a share of the proceeds, as determined by the City Manager or its designee, within fifteen (15) days after the sale is conducted.

Section 10.84.190 Stolen Vehicles.

No vehicle shall be sold pursuant to this Chapter if the City Manager or its designee determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.

Section 10.84.200 Towing and Storage Fees.
(a) The City is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Section 23109(a) or (c) and did not give rise to the nuisance.

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(b) Charges for towing, storage and administrative for any vehicle impounded pursuant to this Chapter shall be set forth by Resolution by the City Council.

Section 10.84.210 Recovery of Monetary Loss.

Nothing in this Chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person(s) who committed the act giving rise to forfeiture under this Chapter.

SECTION 3. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 4. This Ordinance shall take effect thirty (30) days after its passage pursuant to Government Code Section 36937.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law.
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APPROVED AND ADOPTED this ____ day of _____ 2023.

________________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, Jr. Deputy City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. ____ was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on _______________, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Cynthia Ayala, Jr. Deputy City Clerk

COUNCIL

MEETING
DATE

COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress
8/10/2021 Lutz/Lara Shopping Cart Ordinance Review ordinance A. Betancourt Discussion 2/22/2022 8/24/2021 Pending 6/28/2022 Lara/Camacho
Battery Storage Funds Set aside $50,000 for Battery
Storage for non-profits. S. Carmona
Pending
1/24/2023 Lara/Garcia Safe Pathways to School Discuss with ERUSD Boardmembers
Ad Hoc Committee
2/14/2023 Lutz/Lara City Identifying Markers Take to City Council N. Negrete 2/14/2023 Garcia/Sanchez Appointment of Public Safety Coordinator Take to City Council Authorized the City Manager to establish a pilot program
2/28/2023
2/14/2023 Garcia/Sanchez Ordinance Prohibiting Street Takeovers Take to City Council 2/14/2023 2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar 2/14/2023 2/28/2023 Lutz/Sanchez Feasability Study Marine Corps Property Ad Hoc Committee 2/28/2023 3/14/2023 Lutz/Garcia Monument Marker Upgrade Passons and Washington Bl N. Negrete

GOOD OF THE ORDER