Form SS 00 08 04 05
BUSINESS LIABILITY COVERT GE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining, period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period mill be
deemed part of the last preceding period forpurposes
of determining the limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the "occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or suit is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or "suit" and the date received;
and
2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1) immediately send . us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2) Authorize us to obtain records and
other information;
Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4) Assist us, upon our request, in the
enforcement. of any- right againstany
person or organization that may be
liable to the insured because of injury
or damage towhich this insurance
may also apply.
d. Obligations At The Insured' s
Own Cost
No insured will, except at that insured' s own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for firstaid, without our consent.
e. Additional Insured' sOther Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured; such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract; written agreement or
permit that this insurance is primary and
non- cntributory with the additional
insured' s own insurance.
f. Knowledge Of An Occur" rence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to -:you or to
any additional insured only when such
occurrence", offense, claim or " surf' is
known to: -
1) You or any additional insured that is
an individual;
2) Any partner, if you or an - additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a. limited' liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust or
6) Any elected or appointed_ official, if you
or an additional insured is . a political
subdivision or public entity.
3)
Form SS 00 08 04 05 Page 1. 5 of 24
BUSINESS LIABILITY COVERAGE FORM,
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policyis certified as proof of
financial -responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by, the policy for" bodily injury"
liability and property damage liability will
comply with the provisions of the law to
the extent of thecoverage and limits of
insurance required by that law.
b. With respect to " mobile . equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists; no- fault or other
coverage required by any motor vehicle
law. We will provide the required liniits for
those coverages.
4. Legal Actiom. Against Us
No person or organization has a right under
this Coverage Eorm:
a. To join us asa party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all! of its terms ' have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
againstan insured., but we will not be -'liable for
damages that are not payable under the terms of
this =insurances or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured° and the
claimant or the claimant' slegal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or" suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements . in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to ;the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible, insurance is
available for a Toss we cover under this
Coverage Part, our obligations are limitedas
follows:
a. Primary Insurance
This insurance isprimary except when b.
below applies: .If other insurance is also
primary, we will share with all ,that other
insurance by the method described in c.
below:
b. Excess Insurance
Thisinsurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder' s Risk,_, Installation Risk or
similar- coverage for "your
2) ' Premises Rented To You
That is fire, lightning. or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of. the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises, rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto OrWatercraft
If the loss arisesoutof the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
Property, Damage To Borrowed
Equipment Or Use. Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevatorsto the extent not
subject to -Exclusion k. of Section A. —
Coverages.
5)
Form SS 00 08 04 05
7)
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When. You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required' By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method " described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and ( b) do not apply to
other insurance to which the additional
insured has been added as an,
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any " suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake .to do
so, but we will be entitled to the insured' s
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will, pay only .our share of
the amount of the toss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would .pay for the loss in the
absence of this insurance; and
2) The : total of -.all deductible and self -
insured amounts under all that other
insurance.
We Will share the remaining: loss, ifany; -with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to `apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If " all the other ' insurance permits
contribution by ;equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss' remains,
whichever comes first.
If any of the other insurance does not permit
contribution- by equal ,' shares, we- will
contribute by limes. Under this method; each
insurer' sshare is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rightsto recover all or
part of any payment, including
Supplementary Payments, .we have .made
under this Coverage, Part, those rights are
transferred to us The insured must do
nothing after toss to impair them. At our
request, the insured will bring ""suit" or
transfer : those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights . Of Recovery ( Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage; Prt, we
also waive that right, provided the insured
waived their rights of recoveryagainst
such person or organization in a contract,
agreement or perrnit that was executed
prior to the injury or damage.
Form SS 00.8 04 05 Page 1, 7 of 24-
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in .the Declarations,
one or more of the following Optional Additional
Insured Coveragesalso apply: When any of these
Optional Additional Insured Coverages. apply,
Paragraph 6. (Additional Insureds When Required.
by Written Contract, Witten Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the persons) or orgenization( s) shown In the
Declarations, but only with respect to liability
for " bodily injury", " property damage" or
personal and advertising injury" caused, in
whole orin part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In'. connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. Is
amended to include as an additional insured
the persons) or organization( s) shown in the
Declarations as an Additional Insured
Designated Person Or. Organization; -but only
with respect to liabf' ity arising out of the
ownership, maintenance or use of that part of
the premises teased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1) Any " occurrence" which takes place
after you cease to be a tenant in that
premises; or
2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of franchise
WHO IS AN. INSURED under Section C. is
amended to include as an additional insured
the person( s) or organization( s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise; but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment,
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person( s) or organization( s)
shown in the Declarations as an Additional
Insured Lessor of Leased Equipment,
but only with respect to liability for "bodily.
injury", " property damage" or " personal
and: advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased- to you by such
person( s) or organization( s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place .after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased'
a: INHO IS AN INSURED under Section C. Is
amended to include as an additional
insured the person( s) or organization( s).
shown in the Declarations as an Additional
Insured - Owners Or Other interests. From
Whom Land Has Been Leased, but only
with respect to liability arising, out of the
ownership, maintenance -or use of that part
of the land leased to you and shown in the
Declarations.
b. ' With respect to theinsurance afforded to
these additional insureds, the; following
additional exclusions apply:
This insurance does not apply to:
1) Any " occurrence" that takes - place
after you cease to tease that land; or
2) Structural alterations, new
construction or demolition operations
performed by or On behalf of such
person or organization.
6. Additional Insured - State Or. Political
Subdivision - Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Form SS 00`8 04 05
Insured — State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1) "Bodily injury", "property damage" or
personal and advertising injury"
arising out of operations performed for
the state or municipality; or
2) "Bodily injury" or " property damage"
included in the " product -completed
operations" hazard.
7. Additional Insured — Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person( s) or organization( s)
referred to below as vendor) shown in the
Dedarations as an Additional Insured -
Vendor, but only with respect to " bodily
injury" or "property damage" arising out of
your products" which are distributed or
sold in the regular course of the vendor' s
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" Included within the
products -completed operations hazard".
b. The insurance afforded to the vendor Is
subject to the following additional exclusions:
1) This insurance does not apply to:
a) "Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
BUSINESS LIABILITY COVERAGE FORM
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in • connection with the
distribution or sale of the products;
1) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor, or
h) "Bodily injury" or " property
damage" arising . out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
1) The exceptions contained In
Subparagraphs ( d) or (f); or
ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business; in connection with
the distribution or sale of the
products.
2) This insurance does not .apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.
8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include - as an additional insured
the person( s) or organization( s) shown in the
Declarations as an Additional Insured —
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organisation
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured
shown in
the
the
person( s)
Declarations
or
as
organization( i)
an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for " bodily
injury", "property damage" or " personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1) In the performance of your ongoing
operations for the additional
insured( s); or
2) In connection with " your work"
performed for that additional insured
andinduded within the " products -
completed operations hazard"; but
only if this Coverage Part provides
coverage for " bodily injury" or.
property damage" included within the
products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to " bodily injury", "property
damage" or " personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surreys,
field orders, change orders, designs or
drawings and specifications; or
2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person( s) or Organization( s) shown in the
Declarations as an Additional Insured — Co-,
Owner Of Insured Premises, but only with
respect to their liability as co- owner of the
premises shown in the Declarations.
The limits of insurance that ; apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described In
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of ,information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
2) Television;
3) Billboard;
4) Magazine;
5) Newspaper;
b. The Internet, but only, that part of a web
site that is about goods, products or
services for the purposes of Inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, " advertisement" does not include:
a. The design, printed material; information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising Idea" means any idea for an
advertisement". •
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means . a land motor vehicle, trailer or
seml- trailer designed for travel on public
roads, including any attached machinery or
equipment. But " auto"' does not include
mobile equipment".
5. " Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
B. " Coverage territory" means:.
Form SS 00 08 04 05
BUSINESS LIABILITY. COVERAGE FORM
a. The United States of America ( including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of
1) Goods or products made or sold by you
in the territory described in a. above;
2) The activities of a person whose home
is in the territory described in a.
above, but. is. away for a short time on
your business; or
3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured' s responsibility to pay
damages is determined in the United States of
America ( including its territories and
possessions), Puerto Rico or Canada, in a
suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD- ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a " leased worker".
Employee" does not include a " temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by- laws or any other
similar goveming document.
10. "Hostile fire means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than " your product" or " your work", that
cannot be used or is less useful because:
a. It incorporates " your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair,, replacement, adjustment or
removal of" your product" or " your 'work";
or
b. Your fulfilling the terms of the contract or
agreement.
12. "Insured contract" means: -
a. A contract for a lease of premises.
However, that portion -of the contract for a
lease of premises . that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented -to you or temporarily *occupied by
you withpermission of the owner is
subject to the Damage To Premises.
Rented To You limit described in Section
D. — ', lability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. My easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality In connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for " bodily injury" or "property
damage" to a third person or organization,
provided the " bodily injury" or " property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a
liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for " bodily injury" or " property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement
Form SS 00 08 04 05 Page 21 of 24
BUSINESS UABILITYCOVERAGE :FORM
1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured' s
rendering or failure to tender
professional services, including those
listed in ( 1) above and supervisory,
inspection, architectural or
engineering activities.
13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related: to the conduct of
your business. " Leased worker" does not
include a " temporary worker".
14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or " auto";
b. While it is in or on an aircraft, watercraft or
auto"; or
c. While it is being moved froman aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but " loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self- propelled or not, on
which are permanently mounted:
1) Power cranes, shovels, loaders,
diggers or drills; or
2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers; _
e. Vehicles not described in a., b., c., or• d.
above -that are not self- propelled and are
maintained primarily to provide mobility to
permanently attached equipment- of the
following types:
1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning;,
geophysical exploration, lighting and
weil, arvicing equipment; or
2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self- propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered" autos":
1) Equipment, of at least 1, 000 pounds
gross vehicle ' weight, designed
primarily for:
a) Snow removal;
b) Road maintenance, but not
construction orresurfacing; or
c) Street cleaning;
2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
Air compressors, pumps and
generators, including spraying,
welding, building leaning,
geophysical exploration, lighting and
well servicing equipment.
16. "Occurrence" means an . accident, including.
continuous or repeated exposure to substantially
the same: general harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential " bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
3)
Form SS 00 08 04 05
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or. lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person' s
or
organization' sgoods, products or services;
e. Oral, written or electronic publication of
material that violates a person' sright of
privacy;
f. Copying, In your " advertisement", . a
person' s or organization' s "advertising
idea" or style of`" advertisement";
Infringement of copyright, slogan, or title of
any literary or artistic work, in your
advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. ' Waste includes materials to be recycled,
reconditioned or reclaimed.
19. "Products - completed operations hazard";
a. Includes all " bodily injury" and '' property
damage occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
1) Products that are still in your physical
possession; or
2) Work that has not yet been completed
or abandoned. However,." your work"
will be deemed to be completed at the
earliest of the following times:
a) When ail of the work called for in
your contract has been completed.
b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
g.
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
The " bodily injury" or •"property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, . handling or distribution of your
product" for consumption on premises you
own or rent.
b. Does not include " bodily injury" or
property damage" arising out of:.
1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the loading or
unloading" of that vehicle by any
insured; or
2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical ' injury to tangible property,
including alt resulting ,loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the.
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
occurrence" that caused it.
Asused in this definition, "electronic data° is
not tangible property.
21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or " personal and advertising injury"
to Which this insurance applies are alleged.
Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22. "Temporary worker" means a person who is
fumished to you to substitute for a permanent
employee" on leave or to meet seasonal or
short- tem workload conditions.
23. 'Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of. 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product":
a. Means:
1) Any goods or products, other than real
property, manufactured, sold, handled,
distrit uted or disposed of by:
a) You;
b) Others trading under your name;
or
c) A person or organization whose
business or assets you have
acquired; and
2) Containers ( other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
2) The providing of or failure to provide
warnings or instructions.
c. Does not include , vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a. Means:
1) Work or operations performed by you
or on your behalf; and
2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
1) Warranties or representations made at
any time wish respect to the fitness,
quality, durability, performance or use
of "your work"; and
2) The providing of or failure to provide
warnings or instructions.
Form SS 00 08 04 05
Samantha Mendez
From: Gloria V. Ramirez < GRamirez@agclawfirm. com>
Sent: Thursday, September 5, 2024 2: 45 PM
To: Angelina G. Graves -.
Cc: Melinda Arredondo; Cynthia Ayala; Kandace Hawkins- Adepoju :.
Subject: RE: Amendment to Agreement -
Attachments: 9- 10- 24 -Agenda - GIS Amendment to Infinity _ gr edits 09.5. 2024. doc; Amend # 1 to 21-026 _ gr edits 09.5. 2024. doc
CAUTION: This email originated externally from the City of Pico Rivera email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe.
Hi Angelina,
Doing well, thank you. Hope you are all survivingthe heat as best as possible at City Hall.
Attached, please find my proposed revisions to the Agenda Report and Amendment No. 1.
Best,
Gloria V. Ramirez, Senior Associate
GRamirez c( r7. agclawfirm. com
Southern California Office:
Alvarez- Glasman & Colvin
13181 Crossroads Pkwy. North
Suite 400 - West Tower
City of Industry, CA 91746
tel 562. 699. 5500 1 fax 562. 692. 2244
Northern California Office Mailing Address:
Alvarez- Glasman & Colvin
PO Box 4016
Yountville, CA 94599
tel 707. 944. 0540 1 fax 707. 944. 0580
Alvarez- Glasman & Colvin represents Cities, Counties, Special Districts — Airport, College, School, Transit, Water and other Public Agencies, Private Corporations and Business Entities www. agclawfirm. com
A: ALVAREZ! GLASNIAN .& COLVIN.
ATTORNEYS AT LAW
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act ( 18 USC §§ 2510- 2521), (b) may contain confidential and/ or legally privileged information, and ( c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the 1 AGREEMENT NO. 21-026
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
INFINITY TECHNOLOGIES, 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 Infinity Technologies, 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 GIS coordination services.
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 Consultant' sAugust 5, 2021 proposal to City 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' sAugust 5, 2021 proposal to City attached hereto as Exhibit " B."
3. "Commencement Date": September 14, 2021
3. 4 " Expiration Date": September 13, 2024
4. TERM
The term of this Agreement is for three years with two one- year options exercised at the sole discretion of the City Council. The 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.
Enclosure 4
9d
Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
5.CONSULTANT' SSERVICES
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 by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Three Hundred Sixty Thousand ($ 360, 00.) 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' sstandard 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
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-f- state corporation or LLC, it Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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
services under
the assignment
this Agreement,
of its
but
own
City
employees
reserves the
to the performance of Consultant' s
right, for good cause, to require
Consultant to exclude any employee from performing services on City' s premises.
Mohammad
project administrator
Ahmed, President
and shall
and
have
Ambassador
direct
of
responsibility
IT Services
for
shall
management
be Consultant' s
of
Consultant' s performance under this Agreement. No change shall be made in Consultant' sproject 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 requires mandatory copyright protection for Consultant' swork product, City shall comply with such laws to the extent feasible.
12. INDEPENDENT CONSULTANT
12. Consultant is, and shall at all times remain as to City, a wholly independent consultant. 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 Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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. 2The 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
employees
a charge
or
or
subconsultants.
withholding on
City
the
shall
compensation
have no responsibility
paid to Consultant,
to provide
Consultant' s
Consultant,
its employees or subconsultants with workers' compensation insurance or any other insurance.
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 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. 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
commitment to indemnify and protect City as set forth
in the
herein.
absence
Notwithstanding
of Consultant' s
the
foregoing, to the extent Consultant' sservices 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.
Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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' sServices 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' sfailure to pay City promptly any indemnification arising under this Section 15 or related to Consultant' sfailure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
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' ssubconsultants 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' schoice 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 Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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 an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ oremployee contributions for PERS benefits.
16. INSURANCE
16. 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
performance of this Agreement.
that may
Such
arise
insurance
from or
shall
in connection
be of the
with
types
Consultant' s
and in the
amounts as set forth below:
16..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.. Premises, operations, and mobile equipment
16..2 Products and completed operations
16..3 Broad form property damage ( including completed
operations)
16..4Explosion, collapse, and underground hazards
16..5 Personal Injury
16..6 Contractual liability
in the amount of One Million Dollars ($ 1, 000,0) per occurrence Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
combined single limit; Two Million Dollars ($ 2, 000,0) aggregate for products/ completed operation; Two Million Dollars ($ 2, 000,00) general aggregate ( General aggregate must apply separately to Consultant' swork under this Agreement.); and Five Million Dollars 5, 000,0) umbrella or excess liability.
16..2Automobile Liability Insurance for owned, hired and non -owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($ 1, 000,0) per accident for bodily injury and property damage.
16..3Worker' sCompensation 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, 000,0) per accident for bodily injury or disease.
16..4Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($ 1, 000,0) per occurrence of claim/ Two Million Dollars ($ 2, 000,00) 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' sInsurance 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 Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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' sinsurance 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.
16.0 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.
16.1 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' sliability or as full performance of Consultant' sduties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.2 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/ orthe 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. 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' sservices under this Agreement.
17. 2 In the event any claim or action is brought against City relating to Consultant' sperformance 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.
Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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 courier service during Consultant' sand 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).
21. If to City:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660- 1016
Facsimile: (562) 801- 4765
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
SURVIVING COVENANTS
If to Consultant:
Mohammad Ahmed, President and
Ambassador of IT Services
Infinity Technologies
316 Tejon Place
Palos Verdes States, California,
90274- 104
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' sobligation to pay Consultant shall be limited to payment only for those services satisfactorily Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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.
22. 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. 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' sfailure to perform under this Agreement.
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25. 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 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. 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. 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.
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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 Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Professional Services Agreement
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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 INSERT CONSULTANT' S COMPANY NAME
S e Carmona, City Manager Mohammad " Ahmed, President and Ambassador of IT Services
Dated:
ATTEST:
Anna M. Jerome, ity Clerk
Dated: 2 I•
APPROVED AS TO FORM:
Arnold M. Avarez- Glasman, City Attorney
Professional Services Agreement
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EXHIBIT A
SCOPE OF SERVICES
STATEMENT OF QUALIFICATIONS
FOR PROFESSIONAL GIS COORDINATION
SERVICES IN RESPONSE TO REQUEST FOR
QUALIFICATIONS PR- RFQ- 003
INFINITY TECHNOLOGIES
316 Tejon PI, Palos Verdes Estates, CA 90274
www. inftechnologies. com I sales/ support: 916. 224.736 I support@inftechnologies. com
INFINITY TECHNOLOGIES
PART A: COMPETENCE AND QUALIFICATIONS
1. Cover Letter
August 5, 2021
City ofPico Rivera
Luis H. Osuna, Assistant City Engineer
Public Works Department
6615 Passons Boulevard
Pico Rivera, CA 90660
09 RE: Statement of Qualifications to Provide Professional GIS Coordination Services in response to PR- RFQ003
Dear Mr. Osuna,
Infinity Technologies is pleased to present our Statement of Qualifications ( SOQ) to extend our Professional GIS Coordination Services to the City of Pico Rivera. Our GIS team is available to continue to provide the services needed to assist the City with implementation ofits GIS Strategic Plan.
Our proposed staff is uniquely qualified to perform the requested services, as we have established an understanding of the City' s needs and have a proven track record of
successfully serving the GIS needs for municipalities throughout Los Angeles County and across the state of California. The staff proposed in this SOQ have provided GIS services to the City since 2020.
Staffwho comprise Infinity Technologies provided IT and GIS services as a part of Interwest Consulting Group ( Interwest) from 2012 through 2021. Interwest was acquired by SAFEbuilt, LLC in 2019, and in 2021, Infinity Technologies branched off, retaining our public agency clients, as well as our solution -oriented, highly experienced professional staff.
Infinity Technologies is now a private, independent company, while maintaining a strategic partnership with Interwest/ SAFEbuilt that allows us to provide additional services to our clients from a trusted and proven resource.
Our GIS staff is currently in the process of transitioning from Interwest to Infinity Technologies, with an anticipated start date of Monday, August 16, 2021, well prior to the start of a new contract term with the City of Pico Rivera. There will be no interruption of services currently provided to the City, as existing contracts are being assigned from Interwest to Infinity Technologies, and all staffresponsibilities will remain unchanged.
Headquarters: Southern California:
PO Box 582404 316 Tejon Place
Elk Grove, CA 95758 Palos Verdes Estates, CA 90274
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Mark Dumford, GIS Program Manager, will serve as Project Manager, providing services as GIS Coordinator and overseeing our GIS team members. Mohammad Ahmed, President of Infinity Technologies, will serve as Principal -in -Charge, working closely with Mark to ensure that our staff provides the necessary services to successfully implement the City' s GIS
Strategic Plan.
In addition to providing GIS services to the City since July 2020, Infinity Technologies' staff has provided IT services to the City ofPico Rivera for the past four (4) years, having provided these services as Interwest Consulting Group from 2018 to March 2021.
In this SOQ, we have provided the information requested by the City. The terms of our SOQ are valid for at least 90 days from the date of submittal. Should you have any questions regarding our submission, please contact us directly.
We thank the City for reviewing our qualifications to provide these important services.
Respectfully submitted,
Mohammad Ahmed
President & Ambassador ofIT Services
Infinity Technologies
Phone: 916. 479. 5560
Email: mahmedainftechnologies. com
Mark
a
Dumford
044
GIS Program Manager
Infinity Technologies
Phone: 916. 548. 6721
Email: mdumfordOinftechnologies. com
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2. Firm Name, Address, and Phone Number
Infinity Technologies' Southern California office is located at 316 Tejon Place, Palos Verdes Estates, CA 90274. The primary phone number is 916- 224-736.
3. Type of Organization
Infinity Technologies is registered as a California Corporation (# C4706006), in good standing within the State of California.
4. Firm Principals
President Mohammad Ahmed will serve as Infinity Technologies' Contract Manager for the City ofPico Rivera. GIS Program Manager Mark Dumford will serve as the Project Manager and Management Contact.
Contract Manager
Infinity Technologies' President, MOHAMMAD AHMED has 18 years of IT industry experience, serving both as a City employee and a consultant. He has provided IT consulting services to municipal government clients since 2003, joining Interwest Consulting Group in 2007. In 2012, Interwest started the IT Consulting business line.
Mohammad soon rose to the role ofIT Director, managing a staff of up to 15 professional IT consultants.
Mohammad has served as the IT Manager on projects for the Tahoe Transportation District, the City ofBell, the San Joaquin Regional Rail Commission ( SJRRC), the City ofWildomar, and Solano County Transit ( SolTrans). On these projects, Mohammad has been responsible for overseeing day- to- day IT operations and managing IT projects. He has also served as the Accela Project Manager for the City of Eastvale, where he is responsible for coordinating migration from ELMS to Accela permit and asset management software to ensure a seamless move between platforms, customizing Accela to meet the City' s needs, integrating with GIS, and coordinating ongoing support efforts to troubleshoot issues and apply software updates.
Mohammad holds an M. B. A. from California State University, Sacramento, and a B. A. in Strategic Management, also from California State University, Sacramento. He is certified as a Cisco Certified Network Associate ( CCNA); a Citrix Certified Administrator (CCA); a Microsoft Certified Professional +; and a Microsoft Certified System Engineer ( MCSE). 3-
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Project Manager & Management Contact
Infinity Technologies' GIS Program Manager, MARK DUMFORD has 32 years of GIS experience providing GIS implementation, strategic planning, system integration, data creation, map creation, emergency management and training. Mark specializes in broader GIS strategic planning and project management within local government agencies.
Since 2020, Mark has provided GIS implementation services to the City of Pico Rivera as the GIS Manager at Interwest Consulting Group. Mark has also served the GIS Services Manager for the City of Rancho Cordova ( 2008 -current), the County of Sacramento ( 2006- 2007) and the City of Sacramento ( 1994- 2004). In addition to his management role, Mark has provided GIS services in the form of custom maps and analysis, maintenance of data layers, integration of GIS with EnerGov, field collection, and enhancement of GIS tools to staff and the general public. As the project manager for large technical projects, Mark delivered External Web Applications and Regional GIS Data Integration systems. In addition, Mark coordinated with the Regional GIS Cooperative to ensure that the client' sGIS business needs were met.
Mark holds a B. S. in Geography from California State University, Sacramento. He has completed multiple Esri software and IT Project Management courses.
5. Staff Proposed to Provide Services
Infinity Technologies proposes a
strong team to provide professional GIS coordination
services to the City of Pico Rivera.
MARK DUMFORD, GIS PROGRAM MANAGER / GIS COORDINATOR - Mark has been working as a GIS professional for 32 years and currently oversees the team providing GIS implementation services to the City of Pico Rivera. He specializes in understanding and developing GIS technology with an enterprise focus. Mark has created GIS Strategic Plans for the Cities of Elk Grove and Rancho Cordova, and currently works as a contract GIS Manager for the City of Rancho Cordova. Mark was also instrumental in implementing the early stages of a successful GIS at the City of Sacramento.
JARED SCHUCKERT, SENIOR GIS ANALYST - Jared has 10 years ofprofessional GIS experience providing GIS solutions and products for both public and private agencies, including data collection, editing, customization, displaying and creating project deliverables such as maps and data tables. Jared is also skilled in ArcGIS Online web application development and mobile data solutions. Jared previously worked on 4 INFINITY
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GIS projects for the Department of Water Resources Urban/ Non- Urban Levee Evaluation Program and California High Speed Rail.
DIEGO GONZALEZ, GIS ANALYST - Diego has provided GIS services for 4 years.
He started with an internship with the County of Sacramento where he supported various projects, including researching and developing historic data for flood -prone locations. Through his education and on the job experience, Diego has become skilled with ArcGIS Desktop, ArcGIS Pro and ArcGIS Online. Diego has an excellent eye for detail, which leads to high -quality products. Diego holds a B. A. in Geography, with a concentration in Geographic Information Systems and Analysis from California State University, Sacramento.
RYAN GONZALEZ, GIS TECHNICIAN - Ryan is a GIS Technician with 3 years of experience using ArcGIS, ArcGIS Pro, and many other applications including Microsoft products and different high- level general- purpose programming language applications. Ryan' s recent projects include Public Works data development, maintenance, and water utility data updates. He has also developed ArcGIS Online map applications and has worked with FEMA' s HAZUS software for disaster modeling and reporting. Ryan holds a B. A. in Geography from California State University, Sacramento, and an A. S. in Computer Science, with a Computer Support Technician Certificate, from Columbia College in Sonora, California.
Detailed resumes for each of our proposed staff have been provided as an Appendix to our SOQ.
6. Firm Qualifications
Proposed Work Plan
GIS Support can be divided into two primary categories. The first category includes the broader support tasks centered around the next phases of the GIS implementation. The second category includes support tasks that are focused more on GIS maintenance.
With all GIS support tasks, Infinity Technologies' GIS Coordinator will make efforts to assign the most appropriate GIS staff to handle the variety GIS support needs of the City of Pico Rivera. Factors that impact these decisions include skill set and knowledge, costs, project timing, and staffavailability.
Infinity Technologies' GIS Coordinator will meet with Pico Rivera key staff on a bi- monthly basis to review primary GIS support tasks.
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GIS support tasks will primary be delivered through off -site work and collaboration with City staff. However, as needed and requested by Pico Rivera, GIS staff will be onsite for key meeting or GIS initiatives.
Infinity Technologies proposes to use a Task Order process for any support requests that would generally require more than 6 hours. A Task Order would help to ensure we fully document and understand the technical and timing requirements expected. The Task Order would contain the following sections:
Project Summary
Technical Requirements
Timing Requirements
Deliverables
Estimated Costs
Infinity Technologies Staff Assigned
A draft Task Order would be created by Infinity Technologies and approved by the City of Pico Rivera prior to beginning work that falls into this level of support category.
Listed below are anticipated GIS support tasks organized into two categories, GIS Implementation Tasks and Ongoing GIS Maintenance/ Support:
1. GIS Implementation Tasks
A. Public Access Web GIS Mapping Applications
Capital Improvement Project Story Map
Zoning and General Plan lookup, CIP - Projects Around Town, Parks Finder GIS Staffing: Sr. GIS Analyst, GIS Analyst
B. GIS Integration with infraMAP Field (Utility Assets and Work Orders) Technical setup of workflows and integration solutions that will pull/ush data from GIS, New World, and infraMAP Field products
GIS Staffing: GIS Coordinator, Sr. GIS Analyst
C. Standard Operating Procedures
Develop and update detailed documents ofthe GIS platform, workflows, and solutions. These documents help to ensure continuity and training opportunities with Pico Rivera staff.
GIS Staffing: Sr. GIS Analyst, GIS Analyst, GIS Technician 6-
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D. GIS Integration with 3Di 311 solution
Work with other vendors to establish technical workflow and integration API between 3Di, GIS, and other 3rd party business systems.
GIS Staffing: GIS Coordinator, Sr. GIS Analyst
E. GIS Support of SCAG/ Esri Regional Open Data Portal - Planning General Plan Land Use
Work with Pico Rivera staff and SCAG/ Esri staff to begin production utilization of the data and tools offered through the SCAG/ Esri Regional Data Portal.
GIS Staffing: GIS Coordinator, Sr. GIS Analyst
F. Document Integration with GIS
Work with Pico Rivera staff and the document management vendor to integration GIS features/ functionality for retrieval ofdocuments engineering plans, permits, ordinances, building plans, etc...) GIS Staffing: Sr. GIS Analyst, GIS Technician
G. GIS Data Design and Centralization
Continue work on broader data design considerations for the storage and retrieval of a centralize GIS geodatabase platform.
GIS Staffing: Sr. GIS Analyst
H. CIP Dashboard
Continue work on maturing the content and functionality of the CIP Planner WebGIS applications.
GIS Staffing: Sr. GIS Analyst
I. Data Maintenance Automation
The foundations of a successful GIS are dependent on high -quality GIS data.
This critical GIS support task will focus on automated techniques to keep all Pico Rivera GIS layers updated on a consistent basis.
GIS Staffing: Sr. GIS Analyst
2. Ongoing GIS Maintenance/ Support
A. General GIS support
Requests that come from working units such as Public Works, Utilities, Planning, and Parks. Work includes:
Creating new data layers
Making maps
Analysis and reports
New WebGIS solutions
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B. GIS Coordination and Planning
Weekly/ Bi- Weekly Meetings
Steering Committee
General Coordination and Project Management
Quality Control
GIS Staffing - GIS Coordinator, Sr. GISAnalyst
C. GIS Data and Application Maintenance
General Data Maintenance
Workflow Design
Application Enhancements
GIS Staffing - GIS Analyst, GIS Technician
D. Ongoing GIS Training for Pico Rivera staff
Infinity Technologies' GIS staff will provide regular training to Pico Rivera staff on the use of GIS technology. Training workshops will vary in content and focus depending on the GIS solution and Pico Rivera staff. Some training will be designed for general GIS use. Other training will be more focused on specific solutions or workflow.
GIS Staffing - GIS Analyst
Samples of Representative Projects
Below, we provide descriptions ofrelated services our staff currently provides or has recently provided to clients similar to the City of Pico Rivera.
City of Rancho Palos Verdes
Our staff provides on -call GIS Services to
support the City of Rancho Palos Verdes' GIS
Coordinator. The range of services include:
Data creation: roads, sidewalks, and medians
Setup of a test environment include ArcGIS
Server, ArcSDE, and Geocortex
Customizing the City' sinternal GIS viewer
in Geocortex.
Creating Geocortex Reports for the City' s
internal viewer ( parcel report) and the public crime viewer application ( crime by year and type)
Automated the annual parcel update from the county and the monthly update of parcel owner data.
Created SQL Views
Setup the City' spublic facing server for external web applications 8 00 INFINITY
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Highlighted Projects
Public Crime Viewer
Created the City' sexternal crime viewer application in Geocortex that breaks apart the types of crimes citizens are most concerned about into multiple categories allowing them to see trends by more specific crime types
Developed a workflow to automate the nightly update of the City' scrime viewer by scheduling the download of crime data from the County, importing into ArcSDE, geocoding the addresses allowing the crime viewer to update each night Created workflow to customize Geocortex to provide a table of crime data for citizens to download if desired
Created a
report to display all crime since 2005 broken down by category that automatically updates nightly when new crimes are imported into the SQL Database 3D Spatial Analysis
Used 3D Spatial Analysis to determine the feasibility of building towers to provide direct wireless internet access from City Hall to a park where City Council Meetings take place Used contours and building heights to model the locations between sites Used Spatial Analysis to determine the location and height required for each tower Quickly determined the fiber was a more cost- effective solution City of Napa
Our staff provide comprehensive GIS Services to the City of Napa, including geodatabase administration, training/
mentoring, ArcGIS Enterprise implementation, and 3rd party GIS integration.
Highlighted Projects
Enterprise ArcGIS Implementation / Upgrades - Our
staff worked closely with Napa staff to make recommendations and accomplish technical tasks, including the implementation ofArcGIS Enterprise in the Azure Cloud.
Replacement of older WebGIS mapping applications with new WebGIS applications using the ArcGIS Portal platform and Web AppBuilder Developer Edition.
Implementation of single sign -on access to ArcGIS Portal using Active Directory.
Implementation of Enterprise Sites as part of the ArcGIS Portal platform for tailored data access.
Replacement of City' s MyGov Citizen Reporting website - We worked closely with Napa staff to make recommendations and accomplish technical tasks to implement a new ArcGIS based solution to capture citizen reported issues, such as potholes, graffiti, sign issues, etc.
Worked closely with the Napa Water Department to integrate and tune Lucity Asset Management with GIS.
Provide training and mentorship opportunities for staff through regular meetings, documentation, and onsite workshops.
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City of Rancho Cordova
Since 2007, our staff have provided a full suite of GIS services to all departments within the City of Rancho
Cordova. This includes development and maintenance
of over 100 map layers, custom map creation, GIS
analysis, and design/ delivery of GIS functionality to
City staff computers. We have full- time and part- time staff located onsite while performing the services
described above. Notable GIS projects include:
Integration of GIS technology and data with the
City' senterprise business system ( EnerGov).
GIS Strategic Planning for an enterprise GIS
implementation and advancement
Design and implementation of a relational GIS database repository, (ArcGIS Server/ AcSDE).
Enterprise -wide web -based GIS mapping tools available to all staff at their desktop for easy - to -use mapping/ reporting, parcel/ address lookup, data overlays, and more ( ArcGIS Server - Map Services).
Highlighted Projects
The Growing Strong Neighborhoods initiative is a cooperative effort among various departments and agencies to improve the appearance ofproperties, overall safety, and quality of life in Rancho Cordova.
The City focused specific services on hot spots within the community and took action to encourage the community to take an active role in the future of their neighborhoods.
Using a " Focus on 50" approach to target the SO properties identified by GIS with the most issues, the City saw a dramatic decrease in crime reports and arrests for the three months following the targeted period compared with the three months prior.
Created a map -based interactive Dashboard to allow city team members to review crime, code enforcement, rental homes, property sales, and City program activity all summarized by Neighborhoods. The Dashboard also conveys trend -based data analysis.
City of Burlingame
Our staff currently provide GIS consulting services to
maintain, improve, extend and host GIS Web Viewer
Technology for the City of Burlingame. Various GIS
map layers that have already been developed are
currently being published through Web Apps to staff
through an easy -to -use ArcGIS Online web mapping
environment. The environment is an integrated
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solution of data hosted within a remote ArcGIS Server pushing out map services to the Esri ArcGIS Online environment. Users login to the ArcGIS Online account to view existing map layers and search for up- to- dateproperty -related information.
Users currently enjoy an organized, stable, well -performing environment with Web Apps designed to provide quick access to map layers and the associated tabular information.
Functionality also exists to integrate web maps into other portions of the City' s web site as
well as support field data collection and updates. In addition to previous application development, current services provided to the City of Burlingame include:
Extending ArcGIS Online dynamic maps to the City of Burlingame public web site Evaluating, developing, making recommendations and implementing Internal WebGIS Enhancements
Mentoring/ cross- trainingkey City ofBurlingame staff to take on a portion of the administrative responsibilities within the ArcGIS Online environment including review of new GIS technologies
City of Burlingame on -site GIS outreach
Development of additional Web Maps or Web Apps
GIS data creation or conversion
GIS integration with other business systems
GIS analysis and map creation
Developing and implementing field collection methodologies and data updates using Collector for ArcGIS
Master Address Database ( MAD)
Our staff provide the following ongoing maintenance tasks:
Maintenance of existing base GIS data layers ( does not include the completion of incomplete or new GIS data layers). Base GIS data layers included in maintenance are streets, parcels ( quarterly), city boundary, parks, and schools.
Map services are automatically updated and available through the ArcGIS Online environment
Storage and hosting ofBurlingame GIS data layers within the hosted ArcGIS Server environment
Add
changing
ArcGIS
requirements
Online new users and modify groups according to the City ofBurlingame' s Add newly created GIS data layers to Web Maps or Web Apps when available and requested Continued technical support for field collection and data update processes
7. Firm Organization Chart
Below, we provide two (2) charts that display the structure of Infinity Technologies, and the organization ofour proposed project team.
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Company Structure
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IT SERVICES
Mohammad Ahmed
President & IT Ambassador
IT Staff ( 14)
Project Organizational Chart
GIS SERVICES
Mark Dumford
GIS Program Manager
GIS Staff ( 6)
et
R
Public Works Department
Mohammad Ahmed
President / Principal - in -Charge
Mark Dumford
GIS Program Manager
GIS Coordinator
Jared Schuckert
Senior GIS Analyst
Diego Gonzalez
GIS Analyst
Ryan Gonzalez
GIS Technician
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8. Staff Availability
The Infinity Technologies' staffproposed are currently available to provide professional GIS services to the City of Pico Rivera and are expected to remain available throughout the proposed contract term. While each has current client commitments, none of these engagements are expected to affect their availability to serve the City ofPico Rivera.
9. Project Experience for Proposed Staff
Below, we provide synopses of recent representative projects for which our proposed staff have provided services relevant to the provision of GIS coordination services to the City of Pico Rivera.
Mark Dumford, GIS Manager
a) Name ofProject
City ofPico Rivera GISImplementation and Maintenance
b) Project Location
Pico Rivera, CA
c) Project Task Description
Mark provides GIS leadership and technical support to implement GIS technology to the City ofPico Rivera. This includes platform design and software installs, data acquisition/ development, database design/ centralization, WebGIS Application development, and overall project coordination.
d) Project Owner
City ofPico Rivera
e) Project Contact
Luis Osuna, Assistant City Engineer, 562- 445- 1026
f) Specific Involvement
Full enterprise GIS Support
g) Project Status
Support started inJuly 2020 and is ongoing.
Tared Schuckert, Senior GIS Analyst
a) Name ofProject
Burlingame Enterprise GIS Support
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b) Project Location
Burlingame, CA
c) Project Task Description
Jared provides full GIS support services to the City ofBurlingame. This includes GIS project management, GIS data maintenance, WebGIS application development, GIS database design, and address management.
d) Project Owner
City ofBurlingame
e) Project Contact
Kevin Dawdy, Senior Management Analyst, 650- 558- 7686
f) Specific Involvement
Full GIS support to City departments staff
g) Project Status
Support started inJuly 2015 and is ongoing.
Diego Gonzalez. GIS Analyst
a) Name ofProject
Vacaville Open GIS Data Portal
b) Project Location
City of Vacaville, CA
c) Project Task Description
Diego provided GIS support in the development ofan Open GIS Data Portalfor the public and City staff. Work included working the client to identify project requirements, technical setup ofthe data portal, and deployment. Site allows users to quickly navigate to WebGIS application, data downloads, and available GIS resources in the surrounding geography.
d) Project Owner
City of Vacaville
e) Project Contact
Curt Corbett, GISAdministrator, 707- 449- 5478
0 Specific Involvement
Full enterprise GIS Support
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g) Project Status
Support started in December 2020 and is near completion.
Ryan Gonzalez, GIS Technician
a) Name of Project
Rancho Cordova Public Works GIS Support
b) Project Location
Rancho Cordova, CA
c) Project Task Description
Ryan assists in providing comprehensive GIS support to Public Works GIS requirements.
This includes asset data development/ maintenance, address management, Story Map updates, and general mapping.
d) Project Owner
City ofRancho Cordova
e) Project Contact
Quoc Nham, Associate CivilEngineer, 916- 851-863
f) Specific Involvement
GIS Support ofPublic Works GIS needs
g) Project Status
Support started in 2019 and is ongoing.
10. Additional Client References
In addition to the client references listed above, below, we list the names and phone numbers of additional client references who can attest to the ability of our proposed staff to provide quality GIS coordination services. ( Please note that services through July 2021 were provided by proposed staff as employees of Interwest Consulting Group, under Mark Dumford' sdirection.)
Client Name Phone Number
Katy Wallis, GIS Coordinator
City of Napa
707. 257. 9637
Kim Juran, Administrative Service Director
City of Rancho Cordova
916. 851.731
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Client Name Phone Number
Edgar Trenado, IT Manager
City ofBeaumont
951. 572. 3209
Gabino Luna, Public Works Manager
City of Bell
323. 773. 1596
11. Commitment to Proposed Agreement
Infinity Technologies has reviewed the sample agreement associated with this RFQ and, if selected, can enter into an agreement of that form.
Appendix: Required Forms and Detailed Resumes
Following this section, we have included the following items:
REQUIRED FORMS
Appendix B: Non -Collusion Affidavit
Appendix C: Consultant' s
Acknowledgement of Compliance with Insurance
Requirements for Agreement for Professional/ Consultant Services Appendix D: Certification ofProposal
RESUMES
Mark Dumford, GIS Program Manager
Jared Schuckert, Senior GIS Analyst
Diego Gonzalez, GIS Analyst
Ryan Gonzalez, GIS Technician
16 -
APPENDIX B
NON -COLLUSION AFFIDAVIT
The undersigned declares states and certifies that:
1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation. This Proposal is genuine and not collusive or sham.
2. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFQ.
3. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Pico Rivera or of anyone interested in the proposed contract.
4. All statements contained in the Proposal and related documents are true.
5. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFQ depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
6. I have not entered into any arrangement or agreement with any City of Pico Rivera public officer in connection with this proposal.
7. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of A horized Representative
Mohammad Ahmed President
Name of Authorized Representative Title of Authorized Representative
APPENDIX C
CONSULTANT' SACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE
REQUIREMENTS FOR AGREEMENT FOR PROFESSIONAUCONSULTANT
SERVICES
Consultant agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications and accepts all conditions and requirements as contained therein.
Consultant:
By:
Date:
Mohammad Ahmed, President, Infinity Technologies
Name ( Please Print or Type)
k.
08/5/ 2021
Consultant' sSignature
This executed form must be submitted with SOQ.
APPENDIX D
CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal ( RFQ).
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/er service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFQ. 3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6) The proposal shall be valid for 90 days from the date of submittal.
Name of Proposer:
By.
Au orized Signature)
Type Name. Mohammad Ahmed
Title: President, Infinity Technologies
Date 08/5/ 2021
Mark Dumford
GIS PROGRAM MANAGER 00
Mark has more than 30 years of GIS experience spanning all levels of governments. He is skilled in providing GIS services in GIS implementation, strategic planning, system integration, data creation, map creation, emergency management, and training. Mark specializes in broader GIS strategic planning and project management within local government agencies, developing and implementing user- friendly systems for agencies and the citizens they serve.
Areas ofExpertise Education
Delivery and Management ofEnterprise GIS • BS, Geography, California State University, Solutions Sacramento ArcGIS Server • IT Project Management Courses
ArcGIS Desktop • Various ESRI Software Courses Completed ArcGIS Online
History ofRepresentative Services
Implementation ofWebGIS Solutions / 2012 -Current: Mark assisted with the development and implementation of WebGIS solutions to meet a variety of requirements. For San Ramon and Burlingame, the WebGIS development focused on providing ArcGIS Online WebMaps and WebApps to serve city staff across all departments. For Covina, the WebGIS solution was focused on the field collection of residential rental property characteristics. This solution used ArcGIS Online and ArcGIS Collector on iPads.
Clients: City ofBurlingame, City ofSan Ramon, City ofCovina Implementation 1 Update of GIS Enterprise Solutions: Mark has developed tailored 2 -year GIS strategic plans outlining the process to build new state- of- the- art GIS for these agencies. In order to complete the plans, Mark met with various city departments to gather, analyze, create, document and implement GIS requirements. Mark also implemented the initial GIS data layers and software to begin offering GIS to all agency staff.
Clients: City ofDavis ( 2015 -Current); City ofRancho Cordova ( 2008- 2010); City ofElk Grove ( 2004- 2007) GIS Services Manager: In a GIS Manager role for the City ofRancho Cordova, Mark continues to provide GIS services in the form of custom maps and analysis, maintenance of data layers, integration of GIS with Hansen 8. 4, field collection, and enhancement of GIS tools to staff and the general public. In a GIS manager role for the County of Sacramento, Mark supervised over 10 County GIS professionals while focusing on broader county -wide GIS initiatives.
Mark worked with staff to increase production quality of existing GIS web applications and established new GIS job classifications for existing and future county employees. In addition, Mark managed the GIS support of new Enterprise Systems such as permitting and asset management systems. In a GIS manager role for the City of Sacramento, Mark coordinated and provided guidance to citywide GIS staff on data, software, work plans and training. As the project manager for large technical projects, Mark delivered External Web Applications and Regional GIS Data Integration systems. In addition, Mark coordinated with the Regional GIS Cooperative to ensure that city GIS business needs were met. Mark prepared and presented to internal/ external agencies on various aspects ofthe city GIS Project.
Clients: City ofRancho Cordova ( 2008 -Current); County ofSacramento ( 2006- 2007); City ofSacramento ( 1994- 2004) Jared Schuckert
SENIOR GIS ANALYST 00
Jared has provided GIS support and analysis for both public and private agencies including data collection and implementation, editing and maintenance, display as well as creation of project deliverables such as maps and spreadsheets. Jared previously worked on GIS projects for the Department of Water Resources Urban/ Non- Urban Levee Evaluation Program and California High Speed Rail.
Areas ofExpertise
ArcGIS Desktop Suite
ArcGIS Online
ESRI Mobile Mapping Applications
GIS Systems Implementation and Management
GPS Project Creation
Google Earth
ERDAS Imagine
Education
BA, Geography, Concentrations in Geographic
Information Systems and Analysis and
Metropolitan Area Planning, California State
University, Sacramento
History of Representative Services
Data Collection and Online Mapping Implementation / 2013 -Present: Jared has created, setup, maintained, and trained users on several field collection implementation solutions during his time at Interwest. He has played crucial roles both in technical support and communications to ensure smooth and accurate data collection processes. He is experienced in maintaining and managing the respective clients' online mapping platforms, back -end databases, and online map production. Jared created a webmap that Burlingame staff used in Collector for ArcGIS to perform inspections by way of related tables and attached photos. He setup back -end calculations that run weekly to perform analysis based off values entered from the field work. Calculations include a number of formulas and categorization rankings) of the data.
Clients I City ofBell, City of San Ramon, City ofElk Grove, City of Covina, City of Ceres, City ofLake Forest, Town of Atherton, City ofBurlingame, City ofBeaumont GIS Maintenance / 2013 -Present: Jared has performed scheduled and on -demand data updates and maintenance routines. long- term
Clients 1 City of San Ramon, City ofBell, City of Wildomar, City of Eastvale, City ofElk Grove, City of Covina, City of Burlingame Map/ Data Creation, Updates and Analysis / 2010 -Present: Jared has provided extensive data editing and map production services, including high demand, complex datasets, with varyinglevels of data accuracy and completeness. Additionally, he has in- depth experience in map creation and production of high -quality cartographic outputs that adhere to program standards or are to be included in reports, presentations, or standalone wall maps. Jared is well versed in ESRI' ssuite oftools and spatial analysis capabilities.
Clients 1 City of San Ramon, City ofBell, City of Wildomar, City ofEastvale, City ofElk Grove, City of Covina, City of Burlingame, City oflake Forest, City of Ceres, Town ofAtherton, City of Ukiah, City of Santa Ana, City of San Juan Capistrano, City ofLincoln, City ofBeaumont, California Dept. of Water Resources, California High Speed Rail, Air Force Bases Groundwater Remediation Programs, Sacramento Area Council of Governments, California Capital Financial Development Corporation
Land Use/ Transportation / Sacramento Area Council of Governments ( SACOG) / 2013: Jared obtained and organized land use/ transportation data to be integrated and mapped into forecasting program. He additionally provided GIS support to ensure accuracy and quality of data.
Diego Gonzalez
GIS ANALYST 00
Diego has nearly 5 years of experience encompassing GIS related duties. He focuses on GIS data creation, hardcopy map creation and Story Map development tasks for local government clients. Starting with an internship at the County of Sacramento, Diego supported various projects, becoming skilled with ArcGIS Desktop, ArcGIS Pro and ArcGIS Online. In this role, he updated datasets and databases, assisted in creating and documenting GIS standards, maintained accurate records and documentation for work performed, developed custom workflows and scripts to increase productivity and accuracy, and supported partner engineers and clients in research and data analysis.
Areas ofExpertise Education
ArcGIS Desktop • BA, Geography, Concentration in Geographic ArcGIS Pro Information Systems and Analysis, California ArcGIS Online State University, Sacramento
ArcGIS Portal
I3istory of Representative Services
GIS Analyst / Infinity Technologies I
Interwest Consulting Group / 2019 -Present: As a GIS Analyst, Diego focuses on ArcGIS Online/ PortalApplication development, ArcGIS Open Data site creation, GIS data creation, analysis, and hardcopy map creation. Most ofhis experience has been supporting the GIS needs of local government departments, including planning, public works, economic development, and public safety.
GIS Intern/ County ofSacramento / 2018-019: Through an internship with the County ofSacramento, Diego gained GIS experience supporting various projects. His duties included updating datasets and databases, assisting in creating and documenting GIS standards, maintaining accurate records and documentation for work performed, developing custom workflows and scripts to increase productivity and accuracy and support partner engineers and clients in research and data analysis.
Ryan Gonzalez
GIS TECHNICIAN / HAZUS LEAD 00
Ryan has worked on a variety of projects including Public Works data development, maintenance, and water utility data updates. He has also developed ArcGIS Online map applications and has been working closely with the FEMA HAZUS software for disaster modeling and reporting. As a GIS Intern for the City of Rancho Cordova, Ryan assisted with maintenance ofthe City' sstorm water, traffic signals, streetlight assets and data layers. He reviewed improvement plan submissions and created project boundaries. He collected and/ or maintained GIS datasets, including but not limited to curb ramps, traffic volumes, speed surveys, sidewalks, and maintenance photo logs and collected and verified assets in the field using ArcGIS Collector. Ryan designed and published layers and maps in the City' s ArcGIS online account.
Areas of Expertise Education
ArcGIS Desktop • BA, Geography, California State University, ArcGIS Pro Sacramento ArcGIS Online • AS, Computer Science, Computer Support
HAZUS Technician Certificate, Columbia College,
Sonora, CA
History ofRepresentative Services
GIS Technician / Infinity Technologies 1 Interwest Consulting Group / 2020 -Present: Ryan has worked on a variety ofprojects for current clients, including Public Works data development, maintenance, and water utility data updates. He has also developed ArcGIS Online map applications and has used FEMA HAZUS software for disaster modeling and reporting.
GIS Intern / Rancho Cordova, CA / 2018-020: Ryan assisted with maintenance of the City' sstorm water, traffic signals, streetlight assets and data layers. He reviewed improvement plan submissions and created project boundaries.
He collected and/ or maintained GIS datasets, including but not limited to curb ramps, traffic volumes, speed surveys, sidewalks, and maintenance photo logs and collected and verified assets in the field usingArcGIS collector. Ryan made maps, exhibits, and reports as needed usingArcMap, ArcGIS Pro and created and assisted with various GIS procedure documents. He assisted with grant applications and the City' squarterly story map updates and fulfilled external data requests. Ryan designed and published layers and maps in the City' sArcGIS online account as needed or requested.
Recreation Area Attendant / Oakland, CA / 2016-018: Ryan inspected incoming vessels to ensure compliance for EBMUD' sIPM program for the prevention of invasive species and decontaminated any considered risk. He kept his CPR and first aid certification active and was able to assist with a medical emergency if needed. Ryan tactfully and effectively communicated with the public rules and regulations to ensure there was proper compliance. He tested the waters monthly by checking QZM traps to see ifthere was any evidence of an invasive species and assisted rangers and naturalists with projects as needed and preformed various physically demanding tasks.
Selected Projects
Bikeway Viewer — Created the bikeway viewer for the City of Rancho Cordova with ArcGIS online.
Interactive Kiosk — Class project where coding was completed in groups for a client from CaIPERS.
SnapScan App — Senior project assisted with developing a mobile application using Flutter.
INFINITY
TECHNOLOGIES
PART B: POTENTIAL FOR USING SUB -CONSULTANTS
The RFQ requested that Part B be included to allow the City to determine the possibility of using DBE sub -consultants for certain portions of work, should individual activities have specific DBE goals established. Following this page, we have included the Caltrans Local Assistance Procedures Manual Exhibit 10- 02 Consultant Contract DBE Commitment.
Due to the specialized nature of the proposed services and the targeted scope of services for the GIS Coordinator, it is difficult to determine a
commercially useful function that might be
fulfilled by a DBE sub -consultant within the proposed scope of services. Therefore, we have completed Exhibit 10- 02as " TBD" (To Be Determined).
Should the City determine during the term of the contract that a DBE sub -consultant is required to satisfy a specific established goal, Infinity Technologies will work directly with the City to clarify the scope ofthe specific services required and help to identify and on -board a DBE sub -consultant to provide the service.
24 -
Local Assistance Procedures Manual
Exhibit 10- 02
Consultant Contract DBE Commitment
EXHIBIT 10- 02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: City of Pico Rivera
3. Project Description: Professional GIS Coordination Services
2. Contract DBE Goal: TBD
4. Project Location: City of Pico Rivera
5. Consultant' sName: Infinity Technologies 6. Prime Certified DBE: 0 7. Total Contract Award Amount: TBD
8. Total Dollar Amount forALL Subconsuttants: 9. Total Number of ALL SubcoAsultants: TBD
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
DBE sub -contractor involvement to be
determined in consultation with City
management based on evaluation of
requirements and scope
Local Agency to Complete this Section
20. Local Agency Contract
Ni' mho.-
TBD
21. 14. TOTAL CLAIMED DBE PARTICIPATION Federal - Aid Project Number:
22. Contract Execution
Harp•
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
IMPORTANT:
regardless of
required.
Identify all DBE firms being claimed
tier. Written confirmation of each listed
8/ 5/ 21
for credit,
DBE is
23. Local Agency Representative' sSignature 24. Date 15. Preps Mohammad
s
ignature 16. Date
Ahmed 916- 224-736
25. Local Agency Representative' s Name 26. Phone 17. Preparers Name 18. Phone President
27. Local Agency Representative' sTitle 19. Preparers Title DISTRIBUTION: 1. Original — Local Agency
2. Copy — Cattrans District Local Assistance Engineer ( DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in altemate formats. For information call ( 916) 654-410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.
July 23, 2015
Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
EXHIBIT B
APPROVED FEE SCHEDULE
SCHEDULE OF HOURLY LABOR RATES AND REIMBURSABLE)
INFINITY TECHNOLOGIES 00
SCHEDULE OF HOURLY LABOR RATES AND REIMBURSEABLES
Below, we provide the information requested regarding our proposed hourly labor rates for Professional GIS Coordination Services provided to the City of Pico Rivera. ante 1 itic I:, itt. I.\ aiiil) ly t , i>l..
Mark Dumford GIS Coordinator,
GIS Program
Manager
120 GIS Master Plan, GIS workflows
design and implementation, WebGIS
Application, GIS Integration with
enterprise systems, training
Jared Schuckert Senior GIS Analyst 120 ArcGIS Enterprise implementation, GIS database design and
administration, workflow automation,
GIS integration with enterprise
system, WebGIS applications, training
Diego Gonzalez GIS Analyst 105 WebGIS application, GIS data development and maintenance
Ryan Gonzalez GIS Technician 85 GIS data development and analysis We understand and affirm the following:
Hotel, Meals and Airfare - The City will not reimburse for lodging, meals, mileage or transportation for the consultant or its agents.
Entertainment/ Personal Services - Under no circumstances are expenses related to entertainment ( i.e., theater tickets, sporting events, etc.) or personal services ( i.e., dry cleaning, haircuts, etc.) reimbursable.
Printing and Photocopies - All printing and photocopying costs shall be included in the not to exceed fees
Incidental Expenses - There will be no reimbursements for deliveries/ transmittals, telephone expenses or equipment rental/ purchases.
Proposal Preparation Costs - The City will not reimburse the consultant for any costs associated with the preparation of a proposal.
Headquarters: Southern California:
PO Box 582404 316 Tejon Place
Elk Grove, CA 95758 Palos Verdes Estates, CA 90274
Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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' sServices 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 conceming 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 Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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. 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. 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 work.
legal day.' s
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." Professional Services Agreement
INFINITY TECHNOLOGIES, INC.
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:
From:
CITY COUNCIL
Mayor and City Council
City Manager
AGENDA REPORT
Meeting Date: September 14, 2021
Subject: GEOGRAPHICAL INFORMATION SYSTEM (GIS) - AWARD
PROFESSIONAL SERVICES AGREEMENT
Recommendation
1. Approve a three- year contract with two, one- year renewal options with Infinity Technologies Inc. (Infinity) to provide professional GIS Consulting Services for an annual amount not -to -exceed $ 120, 00 and a total contract amount not -to - exceed $ 360, 00 over three years; and
2. Authorize the City Manager to execute a Professional Services Agreement in a form approved by the City Attorney.
Fiscal Impact:
The combination of remaining funds from last year' s
GIS purchase order and the
budgeted amount for this FY is sufficient to fund the FY 2021-2 GIS Services. Future years will be budgeted based on the proposed work program for each year, with each year' s
total not to exceed $ 120, 00.
The breakdown of the accounts which fund the GIS Services are as follows:
Account No. Funding Source Amount
550. 40.900. 54500 Water Authority Fund 75, 694
100. 40.10. 54500 General Fund/ Engineering 16, 211
100. 40.40. 54400 General Fund/ Storm Water 6, 190
100. 40.50. 54500 General Fund/ Sewer Maintenance 7, 143 230. 40.990. 54500 Lighting Assessment District 4, 762
209. 40.010. 54500 Measure W ( Fund 209) 10, 000
Total 120, 00
Discussion:
The Enterprise GIS Master Plan has been completed and provides the City with a comprehensive understanding of its current resources, needs, and opportunities as well as operational and tactical steps to implement an enterprise GIS and enterprise data 6 CITY COUNCIL AGENDA REPORT — MEETING OF SEPTEMBER 14, 2021 GEOGRAPHICAL INFORMATION SYSTEM ( GIS) — AWARD PROFESSIONAL
SERVICES AGREEMENT
management service to support all City Departments. The system includes computerized maintenance management, work order requests, project management, records, capital improvement projects and other opportunities.
In order to proceed with the implementation of the Plan' s recommendations, on March 1, 2020, a Request for Qualifications (RFQ) was released on the City' s website through
its electronic procurement platform ( PlanetBids) to secure the expertise of a GIS consultant. The City subsequently contracted with lnterwest Consulting Group Interwest). Interwest provided GIS coordination services in a highly satisfactory manner from December 2020 to August 2021. In July 2021, Interwest' sGIS coordinator informed the City that the company would no longer provide GIS services. The City submitted a letter to terminate Interwest' scontract for GIS coordination services effective on August 13, 2021.
In order to continue with the implementation of the Plan' s recommendations on July 20, 2021, a Request for Qualifications (RFQ) was released on the City' s website through its
electronic procurement platform ( PlanetBids) to secure the expertise of a GIS consultant. In addition, staff actively contacted the top ranked professional engineering consultants in Southern California by phone and e- mail to inform them about the release of the RFQ.
On August 5, 2021, four ( 4) proposals were received for on -call professional services.
A technical panel consisting of three ( 3) engineers ranked the proposals. The technical panel used qualifications - based selection criteria to rank the consultant. The selection criteria weighed a number of factors such as experience and qualifications of firm and designated staff, educational background of the consultant' s key individuals, experience
with emphasis on public projects, quality of past performance for the City or similar agencies, respondent' scurrent and future workload and ability to meet City requirements for either part- time or full- time assignments. Following is the scoring summary:
Edifica USA 66
Geovironment Consulting 82
GTG 90
Infinity Technologies 93
Staff recommends awarding the GIS Services contract to the number one ranked firm, Infinity Technologies. In addition to having the necessary skills and extensive experience in city GIS systems, the staff proposed are formerly from lnterwest and are the same staff who have been providing excellent service to the City since December 2020.
CITY COUNCIL AGENDA REPORT — MEETING OF SEPTEMBER 14, 2021 GEOGRAPHICAL INFORMATION SYSTEM ( GIS) — AWARD PROFESSIONAL
SERVICES AGREEMENT
Conclusion:
The implementation of a state- of- the- art GIS system will provide numerous benefits including improving staffs efficiency and productivity, saving money during project planning and construction, improving access and accuracy of data, automating workflows, improving information processing, facilitating compliance with local, State and Federal mandates, and providing better customer service and transparency to residents. All City assets such as water, sewer, storm drain, trees, street lighting, Capital Improvement Projects, pavement management, and development projects will be part of the GIS system.
In addition, GIS is extremely effective in assisting with improved strategic decision making throughout the organization. This helps the City consider solutions regarding public safety, economic development, parks and recreation private development activity and resident services. A GIS system requires on -going yearly development and maintenance to ensure both the accuracy and completeness of all data and metadata.
Staff recommends award of the PSA to Infinity Technologies to provide the City with professional GIS services.
Steve Carmona
SC: TR: LO: Ig
Enclosure: 1) Professional Services Agreement
GIS Services | Scope of Work and Costs
September 2026
CITY OF PICO RIVERA
SCOPE OF WORK AND ESTIMATED COSTS
GIS SUPPORT SERVICES
PROJECT BACKGROUND
Infinity Technologies GIS team has been providing GIS support to Pico Rivera since 2019. As part of this work, an ArcGIS Online platform was established to support early GIS needs. Recently, a new more powerful GIS platform (ArcGIS Enterprise) was implemented to support increasing GIS needs at Pico Rivera. Work tasks included the following:
Establishing an ArcGIS Online account
Centralizing GIS layers into a single database
Creating new GIS layers and maintaining existing GIS layers Installing and configuring ArcGIS Enterprise
Establishing a new source of parcel information and aerial imagery (LARIAC) Developing a new staff only WebGIS applications
Developing public facing GIS applications for information lookup, including zoning information. Data updates to 3Di
Standard Operating Procedures
Each of these tasks required consulting hours to collect/develop data or build GIS capabilities. With the GIS platform now established as a reliable source of spatial information and functionality, tasks will turn to maintaining the GIS layers and expanding the functionality to other GIS needs. Ongoing and future general GIS needs will include the following:
Maintaining key GIS layers, including parcels, zoning, PW assets, and utility layers Developing new GIS data layers
Troubleshooting and expanding GIS integrations with 3Di Improved and expanded document integration with GIS
Developing new public facing WebGIS applications
Administering the ArcGIS Enterprise platform
Maintaining and enhancing internal WebGIS Applications for viewing and editing map content General GIS support (Maps, analysis, reports, etc…)
Updating and developing new Standard Operating Procedures and metadata content GIS training/workshops
Enclosure 5
9e
SPECIFIC QUALIFICATIONS
Infinity Technologies is uniquely qualified to continue providing GIS support to the City of Pico Rivera.
Unique qualifications include:
Detailed knowledge and understanding of how to extract and integrate LARIAC datasets for multiple clients throughout Los Angeles County, including Pico Rivera. Specific knowledge of GIS datasets required for integration with Pico Rivera’s 3Di permitting system
Detailed knowledge and understanding of Pico Rivera Public Works GIS needs and related solutions
Detailed knowledge and understanding of Pico Rivera CIP and related GIS solutions Detailed knowledge and understanding of the current Pico Rivera ArcGIS Enterprise platform and IT infrastructure. This translates into a higher level of ability to administer the platform, including troubleshooting, adding/removing users, tuning, patches, upgrades, and ensuring best practice cyber security measures are implemented in coordination with Pico River IT staff
SCOPE OF WORK
1. GIS Project Tasks
A. Capital Project Dashboard
Continue work on the content, functionality, and data maintenance procedures of the Capital Project Dashboard WebGIS application.
GIS Staffing: GIS Analyst
B. Standard Operating Procedures
Continue with the creation and update of detailed standard operating procedures of the GIS platform, workflows, solutions, and specific GIS data metadata. These documents help to ensure continuity, training opportunities, and staff understanding of GIS data.
GIS Staffing: GIS Analyst
C. GIS Integration with Business Systems
Technical setup of workflows and integration solutions that will pull/push data from GIS and infraMAP Cloud product (Water Assets)
Work with 3Di to establish data update workflow and API integration. Document Integration with GIS (Engineering plans). This may include GIS and Laserfiche integration.
GIS Staffing: GIS Coordinator, GIS Analyst
D. Revenue Analysis and Application
Develop a comprehensive GIS layer that represents all addresses within Pico Rivera.
Address database would be used with integration with 3Di, CAD911, and mailing notifications. Work would include developing a data maintenance solution and training with Pico Rivera staff.
GIS Staffing: GIS Coordinator, GIS Analyst
2. Ongoing GIS Maintenance/Support Tasks
A. General GIS support
Requests that come from working units such as Public Works, Utilities, and Planning. Work includes:
New map requests (PDFs/Hardcopies)
Analysis and reports
GIS Staffing - GIS Analyst, GIS Technician
B. GIS Coordination and Planning
Monthly GIS Update Meetings
General Coordination and Project Management
Quality Control
GIS Staffing - GIS Coordinator, GIS Analyst
C. GIS Data Maintenance and Development
Working with LARIAC staff to ensure that aerial imagery, parcels, and other related data are available and integrated in the Pico Rivera GIS platform. General Data Maintenance (CIP, PMS Streets, Street Moratorium, Zoning, Sidewalk Deficiency) Editing Workflow Design and Implementation
Data Update Automation (Parcels)
GIS Staffing - GIS Analyst
D. WebGIS Application Maintenance and Development
Application Troubleshooting – Viewers and editing solutions for Public Works, Utilities, and Planning
Application Enhancements – Monitoring Esri updates for new functionality that could be valuagle to Pico Rivera.
New WebGIS Applications (Internal and Public)
GIS Staffing - GIS Analyst
E. ArcGIS Enterprise Administration, Troubleshooting, and Upgrades Tasks including adding/removing users, tuning, performance testing Troubleshooting reported issues and working closely with Pico Rivera IT when required Applying patches and upgrades
Review and implementation of cyber security best practices GIS Staffing – GIS Architect, GIS Analyst
F. Ongoing GIS Training for Pico Rivera staff
Infinity Technologies’ GIS staff will provide regular training to Pico Rivera staff on the use of GIS technology. Training workshops will vary in content and focus depending on the GIS solution and Pico Rivera staff. Some training will be designed for general GIS use. Other training will be more focused on specific solutions or workflow, including data editing procedures.
GIS Staffing - GIS Analyst
GIS Consulting Services – Estimated Costs
Task Number and Description Annual Costs
1.A - Capital Project Dashboard $5,000
1.B - Standard Operating Procedures $4,000
1.C - GIS Integration with Business Systems $18,000
1.D - Revenue Analysis and Application $4,000
2.A - General GIS support $8,000
2.B - GIS Coordination and Planning $4,000
2.C - GIS Data Maintenance and Development $9,000
2.D - WebGIS Application Maintenance and Development $7,000
2.E - ArcGIS Enterprise Administration, Troubleshooting, and Upgrades $10,000
2.F - Ongoing GIS Training for Pico Rivera staff $5,000 Annual Cost Estimate (Does not include Esri software or LARIAC licensing costs) $74,000 Five-Year Cost Estimate
Task Number and Description Annual Costs
Year 1 $74,000
Year 2 $74,000
Year 3 $74,000
Year 4 (Rates and costs may be adjusted annually with City approval) $80,000 Year 5 (Rates and costs may be adjusted annually with City approval) $80,000 Total Cost Estimate for 5 years $382,000
GIS Staff/Hourly Rate Schedule
* Hourly rates may be adjusted in years 4 and 5 with city approval.
Title Hourly Rate *
GIS Project Manager $175
Enterprise GIS Architect $170
Senior GIS Analyst $155
GIS Analyst II $140
GIS Analyst I $125
Sr. GIS Technician $115
GIS Technician II $105
GIS Technician I $100
To: Mayor and City Council
From: City Manager
Meeting Date: September 8, 2026
Subject: AMENDMENT NO. 2 WITH LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT FOR SLAUSON AVENUE OVER SAN
GABRIEL RIVER BRIDGE SEISMIC RETROFIT PROJECT, CIP
NO. 50019
Recommendation:
1. Authorize the City Manager to execute Amendment No. 2 for Cooperative Agreement No. BF10001714 with the Los Angeles County Flood Control District (County) for the seismic retrofit work of the Slauson Avenue Bridge over the San Gabriel River, in a form approved by the City Attorney.
Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life.
Strategy:
3.4 Facilitate a high-level of maintenance of City infrastructure to reduce increased costs from prolonged deferral.
Fiscal Impact:
There is no immediate fiscal impact associated with the approval of Amendment No. 2.
The original agreement with the County established the City of Pico Rivera's (City) required local share for the Slauson Avenue over San Gabriel River Bridge Seismic Retrofit Project, CIP NO. 50019 (Project) in the amount of $119,700. This contribution has already been remitted to the County.
Amendment No. 2 identifies an updated estimated project cost of approximately $330,000. The County is coordinating with Caltrans to have the amount covered by the Highway Bridge Program (HBP) Grant.
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CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 8, 2026 AMENDMENT NO. 2 WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR SLAUSON AVENUE OVER SAN GABRIEL RIVER BRIDGE SEISMIC RETROFIT PROJECT, CIP NO. 50019
If the HBP grant does not cover any portion of the estimated project cost, the remaining balance will be divided among the participating agencies, including the County, the City of Santa Fe Springs, and the City of Pico Rivera.
At this time, the potential balance, if any, cannot be determined and will not be known until project completion. Staff will return to the City Council with any necessary budget adjustments once final costs and HBP Grant award are confirmed.
Background:
In 2014, the City entered into Cooperative Agreement No. BF10001714 with the Los Angeles County Flood Control District (County) to facilitate the seismic retrofit of the Slauson Avenue Bridge over the San Gabriel River. The bridge is jointly shared by the County (7.96%), the City of Santa Fe Springs (31.33%), and the City of Pico Rivera (60.71%).
The County is serving as the lead agency and is responsible for preliminary engineering, construction administration, and other necessary work to complete the Project. The County will obtain approval of the engineering plans from the Cities of Pico Rivera and Santa Fe Springs and coordinate with project stakeholders, including Burlington Northern Santa Fe Railway Company (BNSF), as necessary for construction, operation, and maintenance of the Project.
The Project is funded primarily through HBP funds, with the required State matching funds financed through Proposition 1B. In 2019, the total estimated Project cost was $3,216,000. The City's share of the non-federally eligible Project costs was estimated at $119,700, which the City previously paid.
Discussion:
On September 9, 2014, the City of Pico Rivera, Santa Fe Springs, the County, and BNSF adopted Cooperative Agreement No. BF10001714, establishing the roles, responsibilities, project implementation parameters, and guidelines for the County and participating agencies.
On January 7, 2022, Amendment No. 1 was administratively executed to extend the term of the Cooperative Agreement by six (6) years.
The County is now requesting execution of Amendment No. 2 to further extend the term of the Cooperative Agreement through completion of the Project and final payment to BNSF, currently estimated at $330,000 for its administration and inspection services. The County is working with Caltrans to have the estimated $330,000 paid by the HBP Grant.
Any unpaid balance will be known at project completion and shared by the participating CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 8, 2026 AMENDMENT NO. 2 WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR SLAUSON AVENUE OVER SAN GABRIEL RIVER BRIDGE SEISMIC RETROFIT PROJECT, CIP NO. 50019
agencies. The extension is necessary to allow the County and participating agencies sufficient time to complete the remaining project activities, satisfy applicable railroad requirements, and close out the Project.
Conclusion:
Execution of Amendment No. 2 will allow the County to continue administering and completing the seismic retrofit of the Slauson Avenue Bridge without interruption to the Project. Staff recommend that the City Council authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. BF10001714, in a form approved by the City Attorney.
Steve Carmona
SC:NN:MPC:np
Enclosure: 1) Amendment No. 2
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SECOND AMENDMENT TO OVERPASS CONSTRUCTION & MAINTENANCE
AGREEMENT
THIS AMENDMENT AGREEMENT (hereinafter called “Amendment”) is dated ____________, by and between the City of Pico Rivera, a municipal corporation (“Pico Rivera”), The City of Santa Fe Springs, a municipal corporation (“Santa Fe Springs”), Los Angeles County Flood Control District, a body corporate and politic of the State of California (“County”), the County of Lo Angeles, a political subdivision of the State of California (“County”) and BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"). Collectively, Pico Rivera, Santa Fe Springs, County and BNSF are referred to as “PARTIES”.
WITNESSETH:
WHEREAS, PARTIES are parties to an agreement dated 09/09/2014. This agreement, also referred to as Company's Contract Number BF10001714, together with any and all modifications, supplements and amendments thereto, being hereinafter referred to as the "Agreement"; and
WHEREAS, PARTIES hereto desire to amend certain provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants exchanged herein and other good and valuable consideration, the adequacy of which is hereby acknowledged, PARTIES agree to amend the Agreement as follows. This Second Amendment will be upon the same terms and conditions provided in the Agreement, except as the same are hereby modified and supplemented.
Wherever there is any conflict between this Second Amendment and the Agreement, the provisions of this Second Amendment are paramount, and the Agreement will be construed accordingly:
1. PARTIES desire to amend the agreement due to delays in the project and update the agreement and exhibits.
2. Term of the Amendment. This Second Amendment shall commence upon the date the last required signature is affixed hereto (Effective Date) and shall remain in full force and effect through the term of the Agreement, as amended, unless terminated at an earlier date pursuant to the provisions of the Agreement, or pursuant to federal or state statute, rule, or regulation.
3. Amendments. As of the Effective Date of this Second Amendment, the following portions of the Agreement are amended and superseded as follows:
A. ARTICLE III, Section 10 of the Agreement is hereby deleted in its entirety and replace with:
Enclosure 1
10a
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Agency must require its contractor(s) to give BNSF’s Scheduling Agent ([email protected]) at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto.
Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
B. ARTICLE IV, Section 12 of the Agreement is hereby deleted in its entirety and replace with:
In the event construction of the Project does not commence within thirty six (36) months of the Effective Date of this Second Amendment, this Agreement will become null and void.
C. Exhibits C, C1, and D which was attached to the original Agreement, is superseded, and replaced by Exhibits C, C1 and D, which are attached to this Amendment and incorporated into the original Agreement by this reference.
Remainder of page intentionally left blank. Signatures on the following page.
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IN WITNESS WHEREOF, Agency and Company have entered into this Second Amendment as of the date first written above.
County of Los Angeles:
By:
Printed Name:
Title:
APPROVED AS TO FORM: Los Angeles County Flood Control District:
By:_____________________ By:
Miguel Dager Printed Name:
Deputy County Counsel Title:
City of Pico Rivera:
By:
Printed Name:
Title:
BF10001714-A-002
Amendment Number: 2
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City of Santa Fe Springs:
By:
Printed Name:
Title:
BNSF Railway Company:
By:
Printed Name:
Title:
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1) General
A. The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________.
B. The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
C. The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property.
D. The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event BF10001714-A-002
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that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing:
_______________________
_______________________
_______________________
_______________________
E. The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to Environmental Laws (as defined below) and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement.
F. The Contractor must notify (Agency) at (_____)_________________ and Railway's Manager Public Projects, telephone number (_____)_________________ at least thirty (30) calendar days before commencing any work on Railway Property. Contractor’s notification to Railway must refer to Railway's file ___________.
G. For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, BF10001714-A-002
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cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans.
H. Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 2) Contractor Safety Orientation
A. No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway’s Representative. 3) Railway Requirements
A. The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency.
B. The Contractor must notify the Railway's Project Engineer and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property.
C. The Contractor must abide by the following temporary clearances during construction:
▪ 15’-0” Horizontally from centerline of nearest track
▪ 21’-6” Vertically above top of rail
▪ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts BF10001714-A-002
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▪ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
▪ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
▪ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts D. Upon completion of construction, the following clearances shall be maintained:
▪ 25’ Horizontally from centerline of nearest track
▪ 23’ 6” Vertically above top of rail
E. Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the (Agency) and must not be undertaken until approved in writing by the Railway, and until the (Agency) has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval.
F. In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency.
G. The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by (Agency) for approval before work is undertaken and this work must not be undertaken until approved by the Railway.
H. At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway.
The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor.
I. Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity.
Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue.
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J. The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 4) Contractor Roadway Worker on Track Safety Program and Safety Action Plan A. Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation.
This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site.
B. Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad.
i) The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.erailsafe.com, in addition to any other applicable regulatory requirements. ii) Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad’s designee. Contractor shall be subject to periodic audit to ensure compliance.
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iii) Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel.
iv) Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 5) Railway Flagger Services
A. The Contractor must give BNSF’s Scheduling Agent ([email protected]) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Scheduling Agent can make appropriate arrangements (i.e., obtain availability and cost estimate for three (3) approved vendors for selection). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Scheduling Agent ten (10) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements.
B. Unless determined otherwise by Railway’s Project Representative, protective flagging services will be required when Contractor’s work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions:
i) When, upon inspection by Railway’s Representative, other conditions warrant. ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement.
iii) When work in any way interferes with the safe operation of trains at timetable speeds.
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iv) When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. v) Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable.
C. Flagging services will be performed by qualified Railway flaggers. i) Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative.
ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.
iii) The cost of flagger services provided by the Railway will be borne by (Agency) and invoiced through BNSF’s Scheduling Agent. The estimated cost for one (1) flagger is approximately between $1,200.00-$2,000.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision, scheduling and other costs incidental to performing flagging services.
Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO
CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
The cost of inspector coordinator services provided by the railway will be borne by Contractor. The estimated cost for inspector coordinator services is approximately $1,200 per day. The contractor shall reimburse the railroad for actual costs of inspection services.
iv) The average train traffic on this route is ______ freight trains per 24-hour period at a timetable speed ______ MPH and ______ passenger trains at a timetable speed of ______ MPH.
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6) Contractor General Safety Requirements
A. Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations.
B. Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s).
C. Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway’s Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track.
D. When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times.
E. Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied.
F. Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site.
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G. For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property.
H. All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.)
I. THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.
J. Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications)
K. Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations.
L. All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and BF10001714-A-002
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give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means.
7) Excavation
A. Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF’s Field Engineering Representative. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating.
B. The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings.
If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions.
C. All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel.
D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible.
E. Excavations and restoration must be conducted in accordance with all applicable Legal Requirements and the environmental provisions of Section 8.
F. All fill materials to be imported to Railway’s property shall be certified clean fill or from a Railway-approved source, and must otherwise be suitable for its intended purpose as backfill material. Supporting documentation shall be provided to Railway upon request.
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G. Contractor must meet the appropriate compaction requirements for all fills and will be responsible for settlement of all fills, erosion, and embankments that may occur as a result of the placement fill.
8) Environmental Requirements:
A. Contractor must comply with all Environmental Laws (as defined below). Contractor must not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Railway Property or the right of way. Contractor will not handle, transport, release or suffer the release of Hazardous Materials (as defined below).
B. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any release of Hazardous Materials non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. Contractor must also give Railway prompt notice of all measures undertaken to investigate, remediate, or respond to any aforementioned condition.
C. If Railway has notice from Contractor or otherwise of a release or violation of Environmental Laws arising in any way with respect to the work which occurred or may occur during the term of this Agreement, Railway may require Contractor, at Contractor’s sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Railway’s Property.
D. If during the construction or subsequent maintenance of the work or Structures, or any other soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered, Contractor will stop work immediately and notify Railway.
After consultation with Railway, Contractor shall, at Contractor’s expense, characterize any such impacted soils. Upon receiving sampling results, Contractor shall, at Contractor’s expense, in consultation with Railway, manage, remove, and/or dispose any such impacted soils offsite at an appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable disposal requirements, shall be in accordance with applicable federal, state, and local Environmental Laws or in consultation with an agency having the capacity and authority to make such a determination.
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E. All soils and materials to be removed from the Railway Property or right of way must be properly characterized, managed, transported, and disposed of at an appropriatelylicensed facility, at Contractor’s expense, in accordance with all Environmental Laws.
Contractor shall be the “Generator” of any and all such materials and waste, as such term is defined in Environmental Laws.
F. Notwithstanding anything in this Section 1.08, Contractor understands that Railway has no duty or obligation to monitor Contractor’s use of the property or right of way to determine Contractor’s compliance with Environmental Laws, it being solely Contractor’s responsibility to ensure that Contractor’s use is compliant. Regulatory plans and a minimum of two (2) years of records/inspections shall be readily available. Contractor shall promptly provide the same to the Railroad upon request.
G. “Environmental Law(s)” shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination, and underground or above-ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.
H. “Hazardous Material(s)” shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestoscontaining materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as “hazardous chemicals,” “hazardous substances,” BF10001714-A-002
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“hazardous materials,” “toxic substances,” or “hazardous wastes” in any Environmental Law.
9) Personal Injury Reporting
A. The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp
involved in vehicle accident, including company
vehicles)
Contractor/safety
sensitive (F)
Contractor/non-safety sensitive (G)
Volunteer/safety sensitive
(H)
Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident[email protected] Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
Please complete this form and provide to the BNSF supervisor, who will input this information into the EHS Star system. For questions, call (817) 352-1267 or email [email protected].
Accident City/State: Date: Time:
County: Temperature: Weather:
(if non-BNSF location)
Name (Last/First/MI):
Age: Gender (if available):
Company:
eRailsafe Badge Number: Expiration Date:
BNSF Contractor Badge Number: Expiration Date:
Injury: _ Body Part:
(e.g., laceration) (e.g., hand)
Description of accident (including how accident occurred, potential cause, etc.):
Work activity in progress at time of accident:
Tools, machinery, or hazardous materials involved in accident:
Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment:
Dr. Name: Date:
Dr. Street Address: City: State: Zip:
Hospital Name:
Hospital Street Address: City: State: Zip:
Diagnosis:
THIS REPORT IS PART OF BNSF’S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND, AS SUCH SHALL NOT “BE ADMITTED
AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER MENTIONED IN SAID REPORT….” 49 U.S.C. § 20903. See 49 C.F.R. § 225.7(b).
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EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ______________________________________
Agency Project: ______________________________________
Account Name, a/an State or Country of Formation Type of Organization (hereinafter called “Contractor”), has entered into an agreement (hereinafter called “Agreement”) dated ______________, 20__, with [Agency] for the performance of certain work in connection with the following project:___________________. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for [Agency] (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for BF10001714-A-002
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injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway’s property or right-of-way. THE LIABILITY
ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A
FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL
MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY.
B. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES
ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE
FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT
LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED.
C. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits.
D. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS
AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY’S ACTS OF NEGLIGENCE.
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E. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM
A. This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
A. Commercial General Liability “CGL” Insurance
i) The policy will provide a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the provider. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury and Advertising Injury
(3) Fire legal liability
(4) Products and completed operations
ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:
(1) definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of RAILWAY’s property. (2) Waiver of subrogation in favor of and acceptable to RAILWAY; and (3) Additional insured endorsement in favor of and acceptable to RAILWAY and BF10001714-A-002
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include coverage for ongoing operations and completed operations; and (4) Separation of insureds; and
(5) The policy will be primary and non-contributing with respect to any insurance carried by RAILWAY.
iii)It is agreed that the workers’ compensation and employers’ liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. iv)No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement.
B. Business Automobile Insurance
i) The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:
(1) Bodily injury and property damage
(2) Any and all vehicles owned, used or hired
ii) The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance:
(1) Waiver of subrogation in favor of and acceptable to RAILWAY; (2) Additional insured endorsement in favor of and acceptable to RAILWAY; (3) Separation of insureds;
(4) The policy shall be primary and non-contributing with respect to any insurance carried by RAILWAY.
C. Workers Compensation and Employers Liability Insurance i) Workers Compensation and Employers Liability insurance including coverage for, but not limited to:
(1) Contractor’s statutory liability under the worker’s compensation laws of the state(s) BF10001714-A-002
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in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway.
(2) Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:
(1) Waiver of subrogation in favor of and acceptable to Railway.
D. Railroad Protective Liability insurance
i) Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate.
The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following:
(1) Endorsed to include the Pollution Exclusion Amendment (2) Endorsed to include the Limited Seepage and Pollution Endorsement. (3) Endorsed to remove any exclusion for punitive damages. (4) No other endorsements restricting coverage may be added. (5) The original policy must be provided to the Railway prior to performing any work or services under this Agreement.
(6) Definition of “Physical Damage to Property” shall be endorsed to read: “means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured’ care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
E. Other Requirements:
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i) Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages.
ii) Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor’s care, custody or control.
iii) Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above.
iv) Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims.
v) Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: [email protected]
www.certfocus.com
vi) Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration.
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vii) Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. viii)If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder.
ix) Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. x) Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. xi) If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein.
xii) Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder.
xiii)The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage.
xiv) In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. xv) These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and BF10001714-A-002
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Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed.
xvi) For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each.
4) SALES AND OTHER TAXES
A. In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway.
B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway’s sole BF10001714-A-002
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cost and expense, contest in Contractor’s own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest.
C. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) ENVIRONMENTAL
i) Contractor shall strictly comply with all Environmental Laws (as defined below).
Contractor shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Railway Property or the right of way. Contractor will not handle, transport, release or suffer the release of Hazardous Materials (as defined below) on or about the Premises. Small quantities of diesel fuel, engine oil, and hydraulic fluids used in the operation of Contractor’s equipment shall not be deemed a violation of this Section 5.
ii) Contractor shall give Railroad immediate notice to Railroad’s Resource Operations Center at (800) 832-5452 of any release of Hazardous Materials on, from, or affecting the Premises. Contractor shall immediately respond to any release on or from the Premises. Any violation of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Contractor’s use of the Premises must be immediately reported to Railroad at [email protected]. Contractor also shall give Railroad prompt notice of all measures undertaken on behalf of Contractor to investigate, remediate, respond to or otherwise cure a release or violation.
iii) If Railway has notice from Contractor or otherwise of a release or violation of Environmental Laws caused by Contractor or arising in any way with respect to Contractor’s work which occurred or may occur during the term of this Agreement, Railway may require Contractor, at Contractor’s sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Railway’s Property.
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iv) If during the construction or subsequent maintenance of the work or Structures, or any other soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered, Contractor will stop work immediately and notify Railway. After consultation with Railway, Contractor shall characterize any such impacted soils. Upon receiving sampling results, Contractor shall, in consultation with Railway, manage, remove, and/or dispose any such impacted soils offsite at an appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable disposal requirements, shall be in accordance with applicable federal, state, and local Environmental Laws or in consultation with an agency having the capacity and authority to make such a determination. v) All soils and materials to be removed from the Railway Property or right of way must be properly characterized, managed, transported, and disposed of at an appropriatelylicensed facility in accordance with all Environmental Laws. Either Contractor or Agency shall be the “Generator” of any and all such materials and waste, as such term is defined in Environmental Laws.
vi) All fill materials to be imported to Railway’s property shall be certified clean fill or from a Railway approved source, and supporting documentation shall be provided to Railway upon request.
Contractor shall promptly report to Railroad in writing any conditions or activities upon the Railroad Property known to Contractor which create a risk of harm to persons, property or the environment and shall take all reasonable actions necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Contractor’s reporting to Railroad shall not relieve Contractor of any obligation whatsoever imposed on it by this Agreement. Contractor shall promptly respond to Railroad’s request for information regarding said conditions or activities. vii) Notwithstanding anything in this Section 5, the parties agree that BNSF has no duty or obligation to monitor Contractor’s use of the property or right of way to determine Contractor’s compliance with Environmental Laws, it being solely Contractor’s responsibility to ensure that Contractor’s use is compliant. Regulatory plans and a minimum of two (2) years of records/inspections shall be readily available. Contractor shall promptly provide the same to the Railroad upon request. viii) "Environmental Law(s)” shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination, and underground or above-ground tanks) and shall include, without BF10001714-A-002
Amendment Number: 2
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limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future. ix) “Hazardous Material(s)” shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestos-containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as “hazardous chemicals,” “hazardous substances,” “hazardous materials,” “toxic substances,” or “hazardous wastes” in any Environmental Law.
6) EXHIBIT “C” CONTRACTOR REQUIREMENTS
A. The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit “C” attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF.
7) TRAIN DELAY
BF10001714-A-002
Amendment Number: 2
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A. Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay.
B. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period.
C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors.
D. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement.
E. Contractor and its subcontractors must give Railway’s representative four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor’s expenses for the project.
BF10001714-A-002
Amendment Number: 2
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F. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written.
BNSF RAILWAY COMPANY Account Name
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
Date: Date:
Accepted and effective this _______________________.
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E-mail:
BF10001714-A-002
Amendment Number: 2
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EXHIBIT D
BNSF COST ESTIMATE
Los Angeles County Flood Control District
Slauson Ave Overpass
LS 7600 - MP 151.929
San Bernardino Subdivision
DOT # 027645M
Administration $ 50,000
Inspection/Coordination $ 250,000
Track Work $ 0,000
Signal Work $ 0,000
Contingency @ 10% $ 30,000
TOTAL $ 330,000
Note: This is an estimate only. BNSF will bill on an actual cost basis.
To: Mayor and City Council
From: City Manager
Meeting Date: September 8, 2026
Subject: AMENDMENT NO. 5 TO AGREEMENT NO. 24-2348 WITH
SOUTHWEST PATROL, INC. FOR ARMED SECURITY SERVICES
Recommendation:
1. Approve Amendment No. 5 to Agreement No. 24-2348 with Southwest Patrol, Inc. for armed security services for an additional amount of $1,107,000 for a total notto-exceed amount of $2,025,000 through June 30, 2028; and
2. Authorize the City Manager to execute the amendment in a form approved by the City Attorney.
Strategic Priority:
4 - Health, Wellness & Safety - Create a safe and thriving City with low crime and high standards for health and wellness.
Strategy:
4.2 Promote public safety to foster a secure community.
Fiscal Impact:
The proposed amendment provides for an additional $1,107,000 in compensation to Southwest Patrol, Inc. for armed security services from September 9, 2026, through June 30, 2028. Sufficient funding is available in the fiscal year (FY) 2026-27 Public Safety Budget, Account No. 100.15.1500-54500 (Contract Services). No additional appropriation is needed at this time.
Background:
In February 2022, the City of Pico Rivera (City) adopted a Strategic Plan that identified five key priorities, with community health, wellness, and public safety at the forefront. This guiding vision underscored the City Council’s commitment to creating a safe and secure environment for all residents, visitors, and businesses. Subsequent voter approval of 11 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 8, 2026 AMENDMENT NO. 5 TO AGREEMENT NO. 24-2348 WITH SOUTHWEST PATROL, INC. FOR ARMED SECURITY SERVICES
Measure AB in November 2022 further demonstrated the public’s support for enhanced public safety investments and provided the fiscal resources necessary to implement targeted initiatives.
As part of the City’s proactive strategy to address emerging public safety challenges, staff observed a growing number of quality-of-life complaints from residents and businesses, particularly related to after-hours loitering, theft, and homelessness-related activity in high-traffic commercial corridors and public facilities. While the Los Angeles County Sheriff’s Department continues to provide essential law enforcement services, the City recognized the need to supplement its capacity with dedicated, high-visibility security personnel capable of providing targeted deterrence and engagement in problem areas.
In May 2024, the City entered into Professional Services Agreement No. 24-2348 with Southwest Patrol, Inc. under a pilot program to provide armed security services.
Southwest Patrol was selected based on its long-standing experience providing similar services to other cities and school districts across Southern California and its ability to offer services at competitive rates through a cooperative agreement with the City of Lawndale. The pilot program proved successful, and on September 24, 2024, the City Council approved Amendment No. 1, which increased the not-to-exceed amount to $359,000 and extended the agreement term through June 30, 2026, with the option for two, one-year extensions. On June 24, 2025, the City Council approved Amendment No. 2, which increased the not-to-exceed amount to $718,000 and extended the agreement term through June 30, 2026, with the option for two, one-year extensions. On March 10, 2026, City Council Approved Amendment No. 3 for an additional appropriation of $200,000 for a total not-to-exceed of $918,000. The contract was extended through Amendment No. 4 through June 30, 2027 under the City Attorney’s authority.
Southwest Patrol’s professionalism, responsiveness, and community presence have been well-received. The firm’s uniformed officers provide daily patrols at City parks, facilities, and in commercial areas, helping to deter criminal activity, monitor encampments, and report maintenance or safety issues. This level of engagement has enabled sworn law enforcement officers to focus on priority incidents, enhancing the City’s overall public safety response.
Discussion:
Amendment No. 5 to Agreement No. 24-2348 with Southwest Patrol proposes an additional appropriation of $1,107,000 to continue providing armed security services throughout the remainder of the current contract term ending June 30, 2028. With this amendment, the total not-to-exceed contract amount would increase to $2,025,000, allowing the City to sustain current coverage levels and meet the growing demand for visible, responsive security personnel in key areas.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 8, 2026 AMENDMENT NO. 5 TO AGREEMENT NO. 24-2348 WITH SOUTHWEST PATROL, INC. FOR ARMED SECURITY SERVICES
The services rendered by Southwest Patrol have been provided at a rate of $50 per hour per guard and align with the pricing established in the City of Lawndale’s competitively procured contract (Enclosure 7). On June 1, 2026, the City of Lawndale and Southwest Patrol renegotiated the hourly rate paid for armed security services to $57.75 per hour for FY 2026-27, and a 4% ($60 per hour) increase for FY 2027-28, not to exceed the Consumer Price Index (CPI) with a cap of 5% (Enclosure 8). With this knowledge, City of Pico Rivera staff reached out to Southwest Patrol staff and secured the same rates extended to the City of Lawndale. This consistency allowed the City to leverage cost efficiencies through its piggyback purchasing authority under Municipal Code Section
3.20.030(D), which permits cooperative purchasing arrangements with other government agencies.
Based on consultation with the City’s Public Safety Coordinator, feedback from the business community and residents, staff believes continued use of Southwest Patrol’s services is necessary to maintain a safe and secure environment. Southwest Patrol’s presence has been instrumental in addressing nuisance behavior, providing an elevated sense of security and providing peace of mind to the public, while allowing the Sheriff’s Department to respond to emergencies and calls for service. Additionally, Southwest Patrol is able to respond to emerging service calls generated from the City’s third-party video surveillance monitoring partners at Netwatch, NA. As a result, incidents both at the parks and on City facilities, such as the Golf Course, have been noticeably curtailed.
Southwest Patrol has demonstrated its ability to operate in partnership with the City and uphold high standards of appearance, training, and accountability. As such, staff recommends approval of Amendment No. 5 and continuation of this successful public safety initiative.
Conclusion:
Staff recommends approval of Amendment No. 5 to Agreement No. 24-2348 with Southwest Patrol, Inc. to increase the contract amount by $1,107,000, bringing the total not-to-exceed amount to $2,025,000 through June 30, 2028, and authorizing the City Manager to execute the amendment in a form approved by the City Attorney.
Steve Carmona
SC:AG:cso
Enclosure(s): 1) Amendment No. 5 to Agreement No. 24-2348 2) Amendment No. 4 to Agreement No. 24-2348
3) Amendment No. 3 to Agreement No. 24-2348
4) Amendment No. 2 to Agreement No. 24-2348
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 8, 2026 AMENDMENT NO. 5 TO AGREEMENT NO. 24-2348 WITH SOUTHWEST PATROL, INC. FOR ARMED SECURITY SERVICES
5) Amendment No. 1 to Agreement No. 24-2348
6) Agreement No. 24-2348
7) City of Lawndale Agreement with Southwest Patrol
8) City of Lawndale Amendment #1 to Agreement with Southwest Patrol AMENDMENT NO. 5
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHWEST PATROL, INC., AGREEMENT NO. 24-2348
THIS AMENDMENT NO. 5 TO AGREEMENT NO. 24-2348 FOR
PROFESSIONAL SERVICES WITH SOUTHWEST PATROL, INC. (“Amendment No. 5"), effective as of the date specified in paragraph 1 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and SOUTHWEST PATROL SERVICES, INC., (“CONSULTANT”).
RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 24-2348 (“Agreement”) relating to Armed Security in the City of Pico Rivera.
B. The PARTIES desire to amend said Agreement as set forth herein, pursuant to Section 5.1 of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM EXTENSION.
The contract term set forth in Section 4 of the agreement shall be modified as follows:
The Agreement shall expire on June 30, 2028, unless sooner terminated as hereinafter provided.
2. CONSULTANT’S COMPENSATION.
The compensation to be paid by CITY to CONSULTANT for the work and services identified in this Amendment No. 5 shall be as follows:
Total compensation for an hourly rate of $57.75 for armed guards, an additional amount of $1,107,000 for a total not-to-exceed amount of $2,025,000 (Two Million Twenty-Five Thousand Dollars).
3. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONSULTANT shall remain in full force and effect.
4. EFFECTIVE DATE.
Enclosure 1
Back to Outline 11a
Amendment No. 5 to Professional Services Agreement No. 24-2348 SOUTHWEST PATROL, INC.
Unless otherwise specified herein, this Amendment No. 5 shall become effective as of September 9, 2026 through June 30, 2028.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”
CITY OF PICO RIVERA SOUTHWEST PATROL, INC.
______________________________ _________________________________ Steve Carmona, City Manager John Stirn, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHWEST PATROL, INC., AGREEMENT NO. 24-2348
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 24-2348 FOR
PROFESSIONAL SERVICES WITH SOUTHWEST PATROL, INC. (“Amendment No. 4"), effective as of the date specified in paragraph 3 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“ CITY”), and SOUTHWEST PATROL, INC., CONSULTANT”).
RECITALS
A. CITY and CONSULTANT ( collectively referred to as the “ PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 24-2348 (“Agreement”) relating to Armed Security in the City of Pico Rivera.
B. The PARTIES desire to amend said Agreement as set forth herein, pursuant to Section 5.1 of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM EXTENSION.
The contract term set forth in Section 4 of the agreement shall be modified as follows:
The Agreement shall expire on June 30, 2027, unless sooner terminated as hereinafter provided.
2. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONSULTANT shall remain in full force and effect.
3. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONSULTANT, executes this Amendment No. 4.
Enclosure 2
11b
Professional Services Agreement
SOUTHWEST PATROL, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized.
CITY” “ CONSULTANT”
CITY OF PICO RIVERA SOUTHWEST PATROL, INC.
Steve Carmona, City Manager John Stirn, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney adocusign.
Certificate Of Completion
Envelope Id: 014O8592- 0B09- 8CDB-3E4- 3561 E11 F35D
Subject: Complete with Docusign: Amendment # 4 to Profes Source Envelope:
Document Pages: 2
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC- 08:0) Pacific Time (US & Canada)
Status: Completed
sional Services Agreement - City of Pico Rivera
Signatures: 4
Initials: 1
Envelope Originator:
China Oseguera
6615 Passons Blvd
Pico Rivera, CA 90660
coseguera@pico- rivera. org
IP Address: 47. 176.3. 74
Record Tracking
Status: Original
7/ 2/026 1: 07: 49 PM
Holder: China Oseguera
coseguera@pico- rivera. org
Location: DocuSign
Signer Events Signature Timestamp
John Stirn
john@southwestpatrol. com
President
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Accepted: 7/ 2/026 1:9: 32 PM
ID: 19d9761e- 697c- 473e- b217- 860ffc9c39c3
Steve Carmona
scarmona@pico- rivera. org
City manager
Steve Carmona
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Accepted: 7/ 10/ 226 3: 00: 43 PM
ID: 38a795b9- 53dc- 487c- 8d23- b57c17bbf86f
Arnold M. Alvarez- Glasman
aglasman@agclawfirm. com
City Attorney
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Accepted: 7/ 17/ 2024 6: 16: 57AM
ID: 012d1 ba 1- 993f- 4967- a2ff- 4be 1 ed43286e
Cynthia Ayala
cayala@pico- rivera. org
Jr. Deputy City Clerk
City of Pico Rivera
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
r—DocuBigned
8D93188DDD9Y7933311AFEOF624E6...
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Signed using mobile
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CC6CB5FBF10E48F...
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r —Signed by:
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Sent: 7/ 2/026 1:4: 55PM
Viewed: 7/ 2/026 1:9: 32 PM
Signed: 7/ 10/ 226 2:0: 03 PM
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Signed: 7/ 13/ 2026 7: 24: 49 AM
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7/ 13/ 2026 7: 24:0AM
7/ 13/ 2026 7: 24: 49 AM
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AMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHWEST PATROL, INC., AGREEMENT NO. 24-2348
THIS AMENDMENT NO. 3 TO AGREEMENT NO. 24-2348 FOR
PROFESSIONAL SERVICES WITH SOUTHWEST PATROL, INC. (“Amendment No. 3"), effective as of the date specified in paragraph 1 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and SOUTHWEST PATROL SERVICES, INC., (“CONSULTANT”).
RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 24-2348 (“Agreement”) relating to Armed Security in the City of Pico Rivera.
B. The PARTIES desire to amend said Agreement as set forth herein, pursuant to Section 5.1 of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. CONSULTANT’S COMPENSATION.
The compensation to be paid by CITY to CONSULTANT for the work and services identified in this Amendment No. 3 shall be as follows:
Total compensation for an hourly rate of $50 for armed guards, an additional amount of $200,000 for the period from March 10, 2026, through June 30, 2026, for a total not to exceed amount of $918,000 (Nine Hundred Eighteen Thousand Dollars).
2. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONSULTANT shall remain in full force and effect.
3. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 3 shall become effective as of March 10, 2025.
Enclosure 3
11c
Amendment No. 3 to Professional Services Agreement No. 24-2348 SOUTHWEST PATROL, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”
CITY OF PICO RIVERA SOUTHWEST PATROL, INC.
______________________________ _________________________________ Steve Carmona, City Manager John Stirn, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Docusign Envelope ID: 816EF1C1- F562- 4C64- 8374- D2CF89624E87 AMENDMENT NO 2
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHWEST PATROL SERVICES, INC., AGREEMENT NO 24-348 THIS AMENDMENT NO 2 TO AGREEMENT NO 24-348 FOR PROFESSIONAL SERVICES WITH SOUTHWEST PATROL SERVICES, INC (" Amendment No 2"), effective as of the date specified in paragraph 1 hereof, is made and entered into by and between the CITY OF PICO RIVERA ("CITY"), and SOUTHWEST PATROL SERVICES, INC , (" CONSULTANT") -
RECITALS
A. CITY and CONSULTANT ( collectively referred to as the " PARTIES") have previously executed that certain Agreement for Professional Services, Agreement No. 24-348 Agreement") relating to professional services in the City of Pico Rivera B The PARTIES desire to amend said Agreement as set forth hereirf pursY. aaiit' to Section 5 1 of the Agreement.
vC ,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:.
i „
T
1 MODIFICATION OF CONSULTANT' SCOMPENSATION
The compensation to be paid by CITY to CONSULTANT for the modifed- work and services identified in this Amendment No 2 shall be as follows.
Total compensation in accordance with the Consultant' sFee Proposal dated September 18th for an hourly rate of $ 50 for armed guards, an additional amount of $359, 000for the period from June 1, 2025 through June 30, 2026, for a total not to exceed amount of $ 718, 000 (Seven Hundred Eighteen Thousand Dollars).
2. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions ofthe Agreement between the CITY and CONSULTANT shall remain in full force and effect.
3. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No 2 shall become effective as of June 1, 2025
Enclosure 4
11d
Docusign Envelope ID. 816EF1C1- F562- 4C64- 8374- D2CF89624E87 Professional Services Agreement
SOUTHWEST PATROL SERVICES, INC
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No 2 to be executed and attested by their respective officers hereunto duly authorized CITY" " CONSULTANT"
CITY OF PICO RIVERA SOUTHWEST PATROL SERVICES, INC
Signed by:
r C. R5FRF1(. F4RF
Steve Carmona, City Manager
Dated 7/ 28/025
ATTE T ^` r . -
CDocuSigned
b
8D931AFEOF624E6...
John Stirn, President
Dated 7/ 28/025
APPROVED AS TO FORM
DocuSigned by: ,' lr Signed by:
Pnati, li , Q( AaV)— aslMain.
3DOC112gCD6DD40D'. RArR40710114FdQr
Cyrithia,- Ayla; LCity Clerk Arnold M Alvarez- Glasman, City Attorney Docusign Envelope ID: B9BF3E56- CEC7- 4613- BC38- 5DDFCDE41OBB AMENDMENT NO. 1
TO THE PROFESSIONAL' SERVICES AGREEMENT
WITH .SOUTHWEST PATROL; INC.,' AGREEMENT NO. 24-348
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 24-348 FOR PROFESSIONAL SERVICES WITH SOUTHWEST PATROL SERVICES; INC. ("Amendment No. 1"), effective as of the date specified in .paragraph 4. hereof, .is made and entered into by and between. the CITY OF PICO RIVERA :(`CITY"), .and SOUTHWEST PATROL, INC., CONSULTANT")
RECITALS
A. CITY and. CONSULTANT ( collectively referred to as. the "PARTIES") have previously executed that certain Agreement for Professional Services; Agreement No. 24-348 Agreement") relating to professional services. in the. City of Pica Rivera.
B The PARTIES desire. to amend said Agreement as set forth herein, pursuant to Section 5: 1' ofthe Agreement.
NOW, THEREFORE, THE :PARTIES AGREE As FOLLOWS:
1. TERM.
Notwithstanding any other provision of this Amendment No. .1., this modification in no. way affects, nor shouldit be construed to affect, the timing ofany.spect of the work included in the Agreement, particularly, the deadlines contained therein. However, the Term or "Expiration Date," defined ' in Section 3. 4. is hereby. amended as. follows:
3. 4 ' "ExpirationDate": June 30, 2026, with an option to extend an additionaltwo 2), one- yearterms.:
2. - : MODIFICATION OF CONS. ULTANT' SCOMPENSATION.. -
The compensation to be paid by CITY to CONSULTANT for the modified work and services identified: inthis Amendment:: Ng. 1. shall. be as follows:
Total compensation in accordance with the Consultant' s :Fee- Proposal dated September 18, 2024 :for an. .hourly rate of $50 for armed guards, and. a total amount. not to exceed $359;' 000, (Three Hundred Fifty -Nine Thousand Dollars).
EFFECT OF AMENDMENTS.
Except as .modified herein, either expressly or by necessary; implication, the terms and provisions of the Agreement between the CITY and .CONSULTANT. shall remain in_ full force: and: effect.
Enclosure 5
11e
Docusign: Envelope ID: B9BF3E56- CEC7- 4613- BC38- 5DDFCDE410BB Amendment No. 1 to' Professional Services. Agreement No. 24-348 SOUTHWEST. PA. ROL, INC.
4. . EFFECTIVE DATE:.
Unless otherwise specified herein, this ArnendmentNo.. 1shall become effective as of the date set forth below on which the last of the :parties, whether CITY or CONSULTANT, .executes: thi. Arnendment No. 1.
IN WITNESS WHEREOF, the parties hereto have caused . this Amendment No. 1to be executed and attested by their respective officers hereunto duly authorized.
CITY"
CITY: OF PICO RIVERA
Steve mona, City Manager
Dated:
ATT- EST':
f
CONSULTANT"
SOUTHWEST PATROL, INC.
EnedSI
by:
F4E205B28FB24A1...
John Stimn, President .
Dated:
9,/ 23/024
APPROVED AS TO FORM
Cynthia -Ayala ity Clerk Arnold M. Alvarez- Glasman, City Attorney CertlficateOf Completon
Envelope Id:- B9BF3E56CEC7461. 3BC385DDFCDE410BB Status: Completed Subjects Complete With Docusign; Amendment No. 1- Southwest. pdf Source Envelope:
Document Pages: 2
Certificate Pages; 4
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone:.( UTC- 08:0) Pacific: Time (US & Canada).
ecord -Tracking
Status: Original
9/ 23/024: 2: 57: 15PM
John. Stirn
mike@southwestpatrol. com
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Accepted: 9/ 23/024 2: 59. 48 PM
ID• eb9a422d- 10a0- 42b9- 992f- c87bf1664280
Signatures: 1
Initials: 1
Holde r: Samantha Mendez
smendez@pico-- riwera. org.
F4E205828E824A1.
Signature Adoption:. Drawn on Device
Using IP Address:. 166.9668. 121
Signed using mobile •
DowSlgIT
Envelope Originator:
Samantha Mendez
6615 Passons= Blvd
Pico Rivera, CA 90660.
smendez@pico- rivera. org
IP Address: 41. 176:3. 74
Location: DocuSign.
Sent: 9/ 23/024 2: 58: 45 PM,
Viewed: 9/ 23/024 2: 59: 48 PM
Signed: 9/ 23/024 3: 09:2 PM
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9/ 23/ 2024,: 58: 45 PM
9/ 23/024 2: 59: 48 PM.
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lectronic Record" and• Signature; Dsclosure.
To:
From:
Meeting Date:
Mayor. and City Council
City Manager
September 24,: 2024
AGENDA REPORT
Subject: AMENDMENT NO. 1 TO AGREEMENT NO, 24-348 WITH
SOUTHWEST PATROL, INC. FOR ARMED SECURITY
SERVICES
Recommendation:
1. Approve Amendment . No. 1 to Agreement No., 24-3' 48 with Southwest _ Patrol, .
Inc., 'for armed security services, as authorized under the City' s piggyback purchasing: procurement procedures in an amount not -to -exceed $ 359, 000. per fiscalyear from September' 25,'024, through- June :30, 2026, with the option for two'( 2)., one ( 1) — year extensions; and
2.. Authorize the City Manager to execute the amendment in a. form approved by. the.
City Attorney. ,:
Fiscal. Impact:
The rate for each security.. guard is $ 50 per hour, with the staff requesting 1.,. 00. hours of coverage annually for a duration of two. (2): years, amounting to a total of $359, 000 per fiscal year.. Sufficient funding is available' within the fiscal year ( FY) 2024-5 Adopted Budget -. General ' Fund- .(Fund 100) Public Safety Budget, Account No. 1: 00.5. 100- 54500 ( Contract Services). No additional appropriation is needed at this time:
Backgroun. di: :
In February . 2. 022, the City of Pico Rivera ( City) adopted a comprehensive Strategic Plan toguide itsdevelopment and priorities: Amongthe five. (5) key Strategic Priorities established by the City Council, the health, wellness, and safety of the community were at theforefront. This .priority reflects a :commitment to fostering a secure, healthy, and vibrant .environment, for all residents: city staff have :been diligently working toward this goal; by addressing the following core objectives: •
Mitigating homelessness: Implementing strategies to reduce, :the number of, individuals experiencing homelessness and providing resources. to support those in need.
CITY COUNCIL AGENDA REPORT _ MEETING OF SEPTEMBER 24., 2024 AMENDMENT NO.:. 1 TO AGREEMENT NO. 24-34. 8WITH SOUTHWEST PATROL, INC:. FOR ARMED SECURITY' SERVICES
Page '2 of 3 -
Promoting' public safety: Creating a secure community through proactive .safety measures and collaboration with .law enforcement..
Maintaining a. clean and attractive environment: Ensuring that: public spaces are safe, clean, and well -maintained to enhance the quality of life for residents.
Building a thriving, low -crime city: Establishing high standards for health, wellness, and crime prevention to. create a flour. ishing,' secure urban space:.
This commitment to public safety and • infrastructure was further solidified by the. passage of Measure AB in November 2022. Approved by an overwhelming 75% 0. of voters, :thit measure was a resounding endorsement of the City' svision: Measure 'AB allocated critical • . funding for infrastructure improvements and . public safety enhancements; empowering - the City to better address the needs of its growing population.
In recent months; however,' th City has. seen :a rising. number of quality -of -life. concerns from both residents and: local businesses, particularly during: after- hours. While 'the Sheriff' sDepartment continues to provide exemplary service, there .has been an uptick in homelessness - related issues and crimes' of opportunity; particularly in ' commercial districts. These challenges highlight the -need for additional . resources and support beyond. traditional law enforcement capabilities.
In order toeffectively address : these :emerging issues, the .City. has explored innovative approachesto supplement .the . capacity . of the ' Sheriff' s. Department by pursuing alternative methodsto strengthenpublic safetyand improve community; well- being.' The City of Pico Rivera is dedicated to. safeguarding its residents. andensuring. a high quality of life for all. ' '
Discussion:
By consulting with other cities in the Gateway .area and our Public Safety- Coordinator,' the : City.: found that Southwest Patrol' Inc. ( Southwest Patrol), could. likely provide supplemental services under a pilot, program. In May 2024; the City entered into Professional Services Agreement No: 24-348 with Southwest Patrol,. :under . a pilot program for Armed Security Services for a not -to -exceed amount of $ 59, 000 (Enclosure 2). 'Under: this. agreement, Southwest Patrol was able to provide• additional support in handling issues such as homeless encampments and petty theft,hereby allowing deputy sheriffs to focus on more serious criminal activities.
For 29 years; Southwest. Patrol has provided security services to bothprivate and public institutions; placing a strong emphasis on staff training and; a thorough hiring processfor their guards. In addition, Southwest Patrol: maximizes the appearance and presence of CITY COUNCIL. AGENDA REPORT — MEETING OF SEPTEMBER' 24, 2024 ..
AMENDMENT NO.. 1 TO AGREEMENT :NO. 24-348. WITH SOUTHWEST PATROL, INC. FOR: ARMED. S: ECU: RITY: SERVICES
Page3of3
their- security : Sherriff deputies, which . includes uniforms, equipment and vehicles, to convey professionaiisrn. and competency to the residents of Pico Rivera.
Southwest Patrol has. been. well- received by the. community; providing high visibility and prompt responses in parks, 'City facilities, and business areas Furthermore, they have a proven. record -of providing' armed security services to cities like Lawndale, Lakewood, Bellflower, in addition to the Garden Grove. and. La Habra School Districts. The services offered to Pica Rivera are consistent with the contract Southwest Patrol has with the City of Lawndale, which was awarded following a competitive procurement process.
Procurement.
The Pico . Rivera _Municipal; Code ( PRMC) Subsection ( D) -of Section. 3. 20: 030 — Cooperative or Piggyback Purchasing,. provides an exemption to competitive bidding when purchases are made "... by, though, or 'in concert with another public .agency..."' if the purchase was -made in compliance, with state laws &- local' rules. ' In April 2023, the City of. Lawndale .issued a Request for Proposal -( Enclosure. 3)- for Armed Security Services and advertised it publicly. ;The. City. Of Lawndale invited three. 3), companies that provided. qualified and responsive proposals to interview with the' City staff. All proposals were evaluated by a selection- committee_ that weighed. multiple factors such. as .cost,. experience levels, presentation, and references.. Ultimately, the City of Lawndale selected Southwest Patrol as the best suited match for their city.
Southwest :Patrol _has offered the. City .of Pico Rivera the same.ervices and°. rates as its existing contract with:. the. City -of Lawndale ( Enclosure 3) which includes a $ 50 hourly rate for -each guard. Therefore, approving Amendment: No. 1 will ensure. the City. will receive the same services and rates as the City of Lawndale. and it is in. accordance with statutory. authorities. andthe PRMC:.
Conclusion:
Staff recommends that City Council authorize the City Manager to approve Amendment No. 1 to Agreement No. 24-348 with Southwest Patrol, Inc. to provide armed guard protection and security services. .
Steve Carmona
SQ: AG: gsm
Enclosures: 1). Amendment No. 1 to Agreement No 24-348
2) Agreement : No: 24-348
3) City of Lawndale Contract and RFP with Southwest Patrol; ;Inc. , , A�REEMENT NO. 24.,.2348
PROFESSIONA!,..-SERVICES. AGREl;MENT
.BETWEEN THE CITY OF PICO RIVERA AND
SOUTHWEST.PATROL INC.
1. IDENTIFICATION
/, '
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and betwe,en the C,ity of Pico_ Rivera, a California municipal corporation ("City") and SOUTHWEST PATROL INC., ("Consultant"). City and Consultant are sometimes hereinafter' individu�lly referred ,to as ·a "Party" and collectively referred to as "Pa'rties."
2. RECITALS - I
2.1 .City has determined that it requires· professional services from a consultant to provide secifrity services at various loc�tions across the City of Pico Rivera. '- 1 2.2 Consultant represents that it is- fully qualified to perform such professional services b/-virtue bf 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 �ccordance with the terms and conditions set forth in_ this Agreement. ·
NQW, THEREFORE, for and in consideration .of the performance by the Parties of the mutut;ir-'?
ovenants and conditions herein contained, the Parties hereto agr�e as follows:
3. DEFINITIONS
3.1 "Scope of Services": Such professional services as are set forth in the Consultant's April 12, 2024 proposal to City attached hereto _as Exhibit "A" arid incorporated herein by this reference. - \,.,
3.2 "Approved Fee Schedule": Such compensation rates as are set forth in the Consultant's April 12, 2024 proposal to City attached hereto as Exhibit "B."
3.3 "Commencement Date": MAY 14, 2024
3.4 "E?Cpiration Date": MAY 13, �025
4. TERM
' - .
-
Th� term bf.this Agreement �hall commence at 12:00 a.m. on th� Commenceme'nt Date an_c! shall expire at 1.1 :59 p.m. on the Exp_iration Date unless_ extended by written agree_ment of ,the Parties or' terminated in acco�dance with Section 22 below.
5. CONSULTANT'S SERVICES
Enclosure 6
11f
1 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 Service' s. Any such changes mutually agreed upon by the Parties; and any corresponding increase or decrease in compensation, shall be incorporated- by written amendment to this Agreement. In no event shall .the _total compensation and costs payable to Consultant, under this Agreement exceed the sum of FIFTY- NINE THOUSAND DOLLARS ($ 59, 000) unless specifically approved in advance, in writing, by City.
5. 2 Consultant shall perform all work to -the highest professional standards of Consultant' sprofession 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. 2Consultant 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' sstandard fee schedule. Fees for such additional services shall be paid within. sixty (60) days of the date Consultant issues -an invoice to Cityfor such services.
7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed_ byif 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-f- 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' sperformance 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 services
determine
under
the assignment
this
of its own employees to the performance of Consultant' s Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City' s premises.
INSERT NAME AND TITLE OF CONSULTANT' SPROJECT ADMINISTRATOR shall be Consultant' sproject administrator and shall have direct responsibility for management of Consultant' s performance under this Agreement. No change shall be made in Consultant' sproject administrator without City' sprior 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 requires mandatory copyright protection for Consultant' swork product, City shall comply with such laws to the extent feasible.
12. INDEPENDENT CONSULTANT
12. Consultant is, and shall at all times ' remain as to City, a wholly independent consultant. 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. ofits officers, employees or agents shall have control over the conduct of Consultant or any of Consultant' semployees, 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. 2The 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' semployees except as set forth in this Agreement.
12. 3 City shall have no direct or indirect control over Consultant' semployees or sub -consultants with respect to wages, hours, and working conditions. In addition, City shall not deductfromthe 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_
employees or subconsultants.
on the compensation paid to Consultant, Consultant' s
City shall have no responsibility to provide Consultant, its employees or subconsultants with workers' compensation insurance or any other insurance. - -
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 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. The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permittedby 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' scommitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant' sservices 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' schoice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant' sServices 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' sfailure to pay City promptly any indemnification arising under this Section 15 or related to Consultant' sfailure to either: (i) pay taxes on amounts received pursuant to this Agreement or ( ii) comply with applicable workers' compensation laws.
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' ssubconsultants 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 Agree' ment. 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 wouldotherwisebe theresponsibility 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 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. 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' sperformance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: -
16..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.. Premises, operations, and mobile equipment
16..:2Products and completed operations -
16..3 Broad form property damage ( including completed
operations) -- - - - -
16..4Explosion, collapse, and underground hazards
16..5 Personal Injury
16..6 Contractual liability
in the amount of One Million Dollars ($ 3, 000,0) per occurrence combined single limit; Five Million Dollars ($ 5, 000,00) aggregate for products/ completed operation; Five Million Dollars ($ 5, 000,00) general aggregate ( General aggregate must apply separately to Consultant' swork under this Agreement.); and Five Million Dollars 5, 000,0) umbrella or excess liability.
16..2Automobile Liability Insurance for owned, hired and non -owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($ 1, 000,00) per accident for bodily injury and property damage.
16..3Worker' s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer' sLiability Insurance with limit of no less than One Million Dollars ($ 1, 000,00) per accident for bodily injury or disease.
16. 2 Consultant -shall require - each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
1.6. 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' sInsurance 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 selfin' surance maintained by City, its Officers, employees, agents or volunteers, shall be in excess of -Consultant' sinsurance and shall not contribute with it. -
16. 9 All insurance coverage provided -pursuant . to this Agreement shall not prohibit Consultant, and Consultant' semployees, agents or subconsultants, from waiving the right of subrogation prior to -a loss. Consultant hereby waives all rights of subrogation against the City.
16.0 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.
16.1 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.,
16.2 If Consultant maintains broader coverage and/ or higher limits than the minimums shown above, the City requires and shall beentitledto 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. 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' sservices 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 courier service during Consultant' sand City' sregular 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:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615. Passons Blvd.
Pico Rivera, California 90660- 1016
Facsimile: ( 562) 801- 4765
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
If -to -Consultant:
John Stirn, President
Southwest Patrol, Inc.
1800 E. Lambert Rd. #155
Brea, CA 92821
The Parties agree that the covenants contained in Sections 13,-5and 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 thedatespecified" 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.
22. 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 Jo 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' sprior 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. 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 - withoutregard 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. E WARRANTIES
25. 1 Each Party has received independent legal advice from its attorneys with respect .tothe 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' sfailure to perform under this Agreement.
25. 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 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 for 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. Agreerrment.
26. 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. 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, b y statute, or" otherwise. The exerdise,. thcommencement of -the exercise, or the forbearance of the exercise by any Party of anyone or more of such rights, powers or remedies shall not preclude the simultaneous or laterexercise by `such Party` of any of all of such other rights, powers or remedies.
27. 3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City' ssole judgment, that' such failure" was due to causes beyond the control andwithout 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 t, 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 maybe signed .inany 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. aoriginal manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the samemanner as thoughanoriginally signed copy had been delivered._
32. ENTIRE AGREEMENT
All documents referenced as exhibits inthis 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 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.
Signatures on the following page]
TO EFFECTUATE THIS AGREEMENT, the Parties :have caused, the, ir'_: d, ulyt authorized representatives to execute this Agreement on the dates set forth below:
CITY"
CITY OF P. ICO: RIVERA- _ SOUTHWE. ST, PATROL,. INC..
CONSULTANT"
Steve Carmona, City Manager . JohhStirn, President
Dated: Dated: 05/ Q912024.
ATTEST:, ^ APPROVED AS TO FORM:
Arhold M. Alva ez- Glasman, City Attorney
EXHIBIT A
SOUTHWEST PATROL, INC.
ispo E.: Lambert Rd. #155
Brea; CA 92821
Www. southwestpatrol: com
Toll Free: (800) 716- 00.
Fax:: (714)29; 3906
Submittal,:: April 12, 2024,
Proposal for City of Pico Rivera
Security Patrol
Account. Manager: Mike. Gagon
Email: Mike@southwestpatrol. com
Cell: (562) 455- 6341
Table of Contents
Cover Letter 3
Related: Experience and: References .. 4.
Recognition 4
Project History 4'
References 5.
Qualifications and Experienceof Key. Personnel' 6
Organization Chart . 6
Method of.' Approach/ Communication 8
Post Orders 8
Daily Activity Report 8.
Incident Reports 9'
Hiring 9
Expertise and Training, 10,
Uniforms and Equipment • 10
Images of Uniform and Equipment: 11.
Cost Proposal . 12•