HomeMy WebLinkAboutC38740 Local Area Network (LAN) Cabling UpgradesCONTRACT NO. C38740
STAFF REPORT
CITY OF PALM DESERT
INFORMATION SYSTEMS DEPARTMENT
MEETING DATE: June 13, 2019
PREPARED BY: Clayton von Helf, Information Systems Manager
REQUEST: Approve contract for Local Area Network Cabling Upgrades with
Vector USA in the amount of $112,928.47 and authorize the City
Manager to negotiate, finalize and execute agreement.
Recommendation
By Minute Motion, that the City Council: Approve contract to VectorUSA in the
amount of $112,928.47 for Local Area Network (LAN) Cabling Upgrades and
authorize the City Manager to execute same. Funds are available in the
Equipment Replacement Fund.
Strateqic Plan
Although the City's internal I.T. infrastructure is not addressed in the strategic plan, its
upgrade underlays, and is essential to, all projects and services performed by the City.
Information Technoloqv Master Plan
Local Area Network (LAN) Upgrade is listed as Initiative 4 in the Information Technology
Master Plan adopted by the City Council on February 23, 2017. It was rated as a high
priority by the I.T. Steering Committee.
Executive Summary
Staff requests approval of a contract with VectorUSA totaling $112,928.47 for Local
Area Network (LAN) cabling upgrades and replacements. Completion of this project will
support: improved computing speeds; faster, more stable Wi-Fi connections; additional
connection points for A/V, computers and telephones; and more stable telephone
connectivity.
Backqround Analvsis
The City uses a Local Area Network (LAN) for both computer and telephone
communications, which consists of cabling, switches and hubs throughout City Hall and
the Corporation Yard. This network is the framework for all of our services and
interactions with the public and internally with staff. The current LAN requires replacing
because it consists of older, slower fiber optic cable, and does not provide adequate
CONTRACT NO. C38740
June 13, 2019 - Staff Report
VectorUSA Fiber and Cabling
Page 2 of 2
"drops" or locations to service the requirements of an increasingly technological and
"connected" modern organization. Upgrading the LAN is a multi -step process; this first
step is replacing old fiber optic cable with the latest standard, increasing the number of
cables between our network sections, and adding new network connection points in
offices, conference rooms and lobbies.
This project contract lays the foundation for future Wi-Fi upgrades and a new network
room, connected by fiber optic cable, at the city's corporation yard. The new network
room will be part of our disaster recovery plan.
Fiscal Analvsis
This bulk of the work and materials included in this contract, ($107,157.25), falls within
CMAS government pricing contracts and therefore fulfills the competitive bidding
requirement of the Palm Desert purchasing ordinance (PDMC 3.30.160.E). The
remainder of the contract ($5,771.22) is for ancillary parts and equipment necessary for
installation such as clamps, couplings, bushings, network patch cables, equipment
rental etc., that are not available under government pricing contracts. These ancillary
items represent 5% of the total contract and for efficiency and in the best interest of the
City staff recommends that they be approved as part of the total contract with
VectorUSA as quoted, in accordance with PDMC section 3.30.160.F.
Approval of staff's request will result in an expense of $112,928.47 from the equipment
replacement fund. Funds are budgeted and available for this fiscal year, account
number 5304190-4404000.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
ATTACHMENTS:
7�
lance
Exhibit "A" — Fiber and Cabling upgrade proposal
Lauri Aylaian
City Manager
*CTOR Vector Resources, Inc. VRN-093160-003
dba VectorUSA May 6, 2019
CONNEGTIM6 8647 Ninth Street
us&
PEOPU TO Rancho Cucamonga, CA
INFORMATION 91730
AND M WORLD
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
Project
Fiber and Cabling Upgrade
Proposal 1, Version 2
Prepared For
City of Palm Desert
Prepared By
Vector Resources, Inc. dba VectorUSA
Scott Shiffer
Page 1
VRN-093160-003
May 6, 2019
TABLE OF CONTENTS
1.0 General Info
2.0 Project Overview
3.0 Project Parameters
Detailed Pricing
Terms and Conditions of Contract
(SignatureRequired)
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 2
VRN-093160-003
May 6, 2019
1.0 General Info
1.1 Company Information
VectorUSA designs, implements and maintains unified voice, video and data networks.
Founded in 1988, VectorUSA is today one of the nation's premiere network integration
companies. VectorUSA is based in Torrance, CA with offices in San Diego, Rancho
Cucamonga, Phoenix, Harrisburg, PA, and Washington, D.C. Widely recognized for our
engineering capabilities and management excellence, VectorUSA's team consists of the 4
original partners and over 400 employees, including engineers, technical personnel, business
development and customer service agents.
VectorUSA's certifications and partnerships make us a full -service solution provider. We
maintain C7, C10 electrical contractor licenses and a General Contractor "B" license. Our
business partners include TE Connectivity, Ascom Wireless, Avaya, Cisco, HP Networking,
Hirsch, OnSSI, PCSC, Sony, and other world class IT and integration solution vendors.
2.0 Project Overview
2.1 Project Overview
VectorUSA is pleased to present the following proposal to City of Palm Desert ("client") for
the Fiber Backbone and CAT6A cable additions project located at City of Palm Desert. This
proposal includes:
-Specifications for the installation of new structured communication cabling
This proposal was based on the information gathered from meetings and conversations, the
site walk, and our past experience with similar projects. The proposal includes the furnishing
of all materials, labor, transportation, tools, permits, fees, utilities and incidentals necessary
for the complete installation of all work specified in this document.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 3
VRN-093160-003
May 6, 2019
2.2 Scope of Work
VectorUSA will be upgrading existing 62.5/125 multimode armored fiber optic backbone
cabling to new Corning OM4 multimode fiber optic cabling system.
Overview:
Civic Center
12-strand OM4 from Main Computer Room to North Wing IDF
12-strand OM4 from Main Computer Room to Council Chamber IDF
12-strand OM4 from Main Computer Room to PBX Room IDF
12-strand OM4 from Main Computer Room to Public Works IDF
Corp Yard
12-strand OM4 from BLDG "F" Main IDF to BLDG "G" existing IDF
12-strand OM4 from BLDG "F" Main IDF to BLDG "G" new IDF
A new IDF will be established in the Corp Yard Disaster Recovery Room.
1 new CPI MegaFrame cabinet will be installed along with new Corning FTU and CAT6A patch
panel.
New Category 6A cabling will be provide, installed and tested based on information provide in
the client scope of work documentation. For additional data drop locations 2 new Berk-Tek
CAT6A plenum rated data cables (BLUE) will be provided for 64 new locations. For new
Access Point locations 2 new Berk-Tek CAT6A plenum rated data cables (White) will be
provided for 34 new locations.
New CAT6A patch cords will be provided as follows:
Data - 435 Berk-Tek CAT6A, 10ft, Blue patch cords - for workstation connection
Data - 435 Berk-Tek CAT6A, 1ft, Blue patch cords - for IDF Switch connection
AP - 68 Berk-Tek CAT6A, 10ft, White patch cords - for Access Point connection
AP - 68 Berk-Tek CAT6A, 1ft, White patch cords - for IDF Switch connection
In addition new 1" EMT conduit and Nema3R boxes will be installed to intercept existing
conduit on the breezeway in front of the Civic Center entrance for nonfunctional surveillance
cameras. This existing pathway will be utilized to install new CAT6A cabling for 2 new outdoor
rated access points to be installed at a future date,
1 new 2" conduit pathway will be installed at the Corp Yard to provide fiber optic backbone
cabling to the new Disaster Recovery IDF.
Note: This proposal assumes all pathways in wall are existing for new data drops. if
new surface raceways or fishing of walls is required a written change order will be
provided to the client prior to commencement of work for approval.
This proposals assumes all conduit pathway is free and clear of obstructions.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 4
VRN-093160-003
May 6, 2019
2.3 Installation
VectorUSA will establish a project team comprised of individuals with knowledge and
experience relevant to this project. An experienced project manager or project coordinator
will head the project team to ensure that the project is on schedule and within budget.
In addition to the core project team, VectorUSA has over 400 employees with a full range of
specialties who will assist on the project as needed. Among these employee resources are
VectorUSA's quality control officials, who will visit the project site over the course of the
project to ensure that the highest -quality installation practices are being used.
VectorUSA recommends that the client create its own project team prior to the project's start.
This team will work together with Vector's team to determine the implementation schedule,
establish policies and procedures, decide best methods to train and distribute information to
client's staff members, resolve technical issues, device management and maintenance, and
system maintenance.
2.4 Codes
All work performed on this project will be installed in accordance with IEEE 802.11 installation
guidelines, the current edition of the NEC, NESC, BICSI Telecommunications Distribution
Methods Manual (TDMM), BICSI Cabling Installation Manual, and the latest issue of the
ANSI/TIA/EIA Standards, along with all state/local codes and ordinances.
3.0 Project Parameters
3.1 Change Order
Any work that is added to or deleted from the original scope of this proposal that alters the
original costs or completion date must be agreed upon by both parties in the form of a
written change order.
3.2 Delays
The client must provide five (5) working days advance notice of any factor that will delay this
project or VectorUSA will issue a work stoppage change order.
Additionally, idle time incurred due to the absence of required escorts, clearance, permits,
inability to enter the work place, delays by other trades or other factors beyond VectorUSA's
control will be addressed with a written change order.
3.3 Work Days/Overtime
Project work will be performed during VectorUSA's standard business hours of 7am-5pm,
PST, Monday through Friday (except holidays). Work outside of standard business hours is
available, but requires a written change order.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 5
VRN-093160-003
May 6, 2019
3.4 Access
VectorUSA has access to all areas required to perform the proposed scope of work in a timely
manner.
3.5 Schedule
VectorUSA plans to implement this project in a continuous fashion or as outlined in the RFP.
If any additional mobilization is required as a result of a change in the project schedule that
is not caused by VectorUSA, it will be addressed with a written change order.
3.6 Asbestos/Hazardous
VectorUSA assumes that its installation teams will be working in areas that do not contain
asbestos or any other hazardous material that would require additional time or alternative
installation procedures.
It is the responsibility of the client to provide written notification to VectorUSA of any
asbestos contained material (ACMs) in or around the area of the project prior to the start of a
project. In the event that ACMs are present prior to job commencement or if ACMs are
encountered during the project, additional cost, damages and/or delays attributed to
necessary procedures for working in this environment will be the client's responsibility.
3.7 Adequate Room
The client must provide adequate room for the installation of the proposed termination
hardwired at the station and in the communications closets.
3.8 Storage Area
The client will provide a secured storage area inside the building for VectorUSA's materials
and tools.
3.9 Office Furniture
VectorUSA is not responsible for disassembling or moving desks or other office furniture in
order to gain proper access to perform work.
3.10 Ceiling Tile
VectorUSA exercises care in the removal, storage and reinstallation of existing (used) ceiling
tiles; however, Vector accepts no liability for any incidental damages that may result from the
handling of ceiling tiles.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 9311022 Page 6
VRN-093160-003
May 6, 2019
3.11 Existing Cable
VectorUSA has not confirmed that the existing cable infrastructure is usable (e.g., labeled,
correct pin configurations, etc.). The client is responsible for providing technician(s) (e.g.,
cable vendor) to troubleshoot any wiring issues that may arise during installation.
VectorUSA will troubleshoot or resolve in-house wire issues if so requested by the client in
the form of a written change order.
3.12 Existing Conduit
The client is responsible for ensuring that existing conduits/pathways that may be used for
this project are installed and utilized in accordance with NEC requirements, have adequate
space available for addition of new cables, will not exceed 60% fill ratio after new cables have
been added, and are free of obstructions, blockages, and/or defects.
If existing conduits/pathways to be used for this project need to be brought into compliance
with current code and standards, VectorUSA can assist the client with this work if the client
requests such assistance in the form of a written change order.
3.13 Coring
If any coring, x-ray or sonar inspections are necessary, it will be addressed with a written
change order. No costs for coring, sonar or x-ray inspection have been included in this
proposal.
3.14 Add & Delete
Any additional work requested outside of the SOW will be considered as separate work and
addressed with a written change order. This proposal is not to be used as an "add & delete"
schedule; it only applies to the work specified in the original RFP.
3.15 Taxes
Taxes are calculated and billed based on tax rates effective at the date of invoice.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 9311022 Page 7
VRN-093160-003
May 6, 2019
3.16 Extraordinary Service
Certain additional charges related to extraordinary levels of support or out-of-pocket costs
incurred by VectorUSA, through no fault of its own, shall be reimbursed to VectorUSA by the
client under this agreement.
Examples of costs reimbursable under this section include, but are not limited to: 1) shipping
expenses related to unusual site handling fees (e.g., extra distance, no loading dock, extra
stairs, extra demurrage charges); 2) storage or special handling expenses incurred if an
installation site is not able to accept delivery as scheduled; 3) expenses incurred by
VectorUSA to resolve network compatibility issues caused by a client's election to substitute
non-VectorUSA provided equipment or services; and 4) expenses incurred by VectorUSA for
additional installation time and/or materials caused by a site not being prepared as called for
in this proposal.
VectorUSA shall promptly notify the client in writing of such charges. Notification will be
provided, when feasible, prior to the incurrence of such charges, unless circumstances
preclude such prior written notification (by way of example, but not limited to, unusual site
handling charges). Provided the incurrence of such charges is not due to VectorUSA's fault or
negligence, VectorUSA shall be entitled to an equitable adjustment in the prices herein, the
delivery schedule, or both, to reflect such charges and any related delay.
3.17 Proprietary Information
The information contained in this document is proprietary to VectorUSA and intended to be
used as evaluative and/or bidding information only. No part of this document may be
disclosed, reproduced and/or distributed to anyone except the listed recipients within this
package without written permission from VectorUSA.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 9311022 Page 8
VRN-093160-003
May 6, 2019
DETAILED PRICING
CMAS 3-17-70-0876AN
Quantity
Unit Cost
Material
Labor
Total
FREEDM® One Interlocking Armored Cable, Plenum, tight-
3,000
4.27
12,810.00
6,525.00
19,335.00
48 Port Patch Panel
5
477.99
2,389.95
1,740.00
4,129.95
24 Port High Density Unloaded Patch Panel
7
45.00
315.00
203.00
518.00
eXtreme Cat 6A QuickPort Jack, Channel -Rated, Blue
128
8.63
1,104.64
1,484.80
2,589.44
eXtreme Cat 6A QuickPort Jack, Channel -Rated, White
136
8.63
1,173.68
1,577.60
2,751.28
Single -Gang QuickPort Wallplate with ID Windows, 2-Port,
64
1.38
88.32
464.00
552.32
eXtreme Cat 6A Standard Patch Cord, 10 ft, Blue
435
12.84
5,585.40
630.75
6,216.15
eXtreme Cat 6A Standard Patch Cord, 10 ft, White
68
12.84
873,12
98.60
971.72
M-SERIES MEGAFRAME CABINET; 23"W X
1
2,679.19
2,679.19
696.00
3,375.19
-HOOK CEILING CABLE BRACKET; 6"H X 3"D;
300
5.43
1,629.00
1,740.00
3,369.00
Sub -Total
28,648.30
15,159.75
43,808.05
CMAS 3-17-70-0876AP
Quantity
Unit Cost
Material
Labor
Total
1U Rack Mount Fiber Enclosure
7
180.73
1,265.11
203.00
1,468.11
2U Rack Mount Fiber Enclosure
1
214.90
214.90
29.00
243.90
LC 10G 50/125 Multi Mode Anaerobic Connector Aqua
144
4.02
578.88
2,088.00
2,666.88
12 Port LC Multi Mode 50/125 10G Ceramic Insert Coupler
12
72.02
864.24
261.00
1,125.24
Armored Cable Grounding Kit
12
12.82
153.84
1,044.00
1,197.84
CAT6A Blue Plenum Cable
23,000
0.62
14,260.00
7,337.00
21,597.00
CAT6A White Plenum Cable
13,000
0.62
8,060.00
4,147.00
12,207.00
TELECOMMUNICATIONS OUTLET
2 Port Surface Mount Box White
34
1.51
51.34
739.50
790.84
Cable Runway Wall to Rack Kit
1
94.69
94.69
174.00
268.69
Sub -Total
25,543.00
16,022.50
41,565.50
CMAS 3-08-70-0876Y
Quantity
Unit Cost
Material
Labor
Total
Testing & Labeling - Fiber
72
0.00
0.00
1,044.00
1,044.00
Testing & Labeling - Copper
196
0.00
0.00
2,273.60
2,273.60
Installation Services
1
0.00
0.00
6,525.00
6,525.00
Mobilization & Logistics
3
0.00
0.00
1,044.00
1,044.00
Project Mananagement
1
0.00
0.00
6,250.00
6,250.00
Sub -Total
0.00
17,136.60
17,136.60
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 9311022
Page 9
NSP
LC Duplex, ZipcoFiber Optic Patch Cord, 2 Fibers, LC Duplex
LANmark-10G Cat 6A OSP
Cat 6A Standard Patch Cord, 01 ft, Blue
Cat 6A Standard Patch Cord, 01 ft, White
Cat 6A OSP Patch Cord, 10 ft
6U Wall Mount Patch Panel Bracket - 19 in - Steel - Vertical
12x12x8 Nema 4 Weatherproof
1 IN EMT Conduit
1" EMT Compression Coupling
1" EMT Compression Connector
1 IN Plastic Bushing
Pipe Pier
1" EMT Unistrut Clamp
6x6x4 NEMA 3R No Knockouts
2" X 24" Conduit Sleeve Kit
2 IN EMT Conduit
2" EMT Compression Connector
2" EMT Steel Compression Coupling
CONNECTORS
2" Plastic Bushing
2" EMT Unistrut Clamp
26Ft Working Height Scissor Lift
Sub -Total
Project Sub -Total
Sales Tax
Project Total
VRN-093160-003
May 6, 2019
Quantity
Unit Cost
Material
Labor
Total
20
26.25
525.00
0.00
525.00
1,000
0.55
550.00
0.00
550.00
435
3.19
1,387.65
0.00
1,387.65
68
3.19
216.92
0.00
216.92
4
24.07
96.28
0.00
96.28
2
125.00
250.00
0.00
250.00
3
97.50
292.50
0.00
292.50
100
1.58
158.00
0.00
158.00
10
0.91
9.10
0.00
9.10
6
0.87
5.22
0.00
5.22
6
0.28
1.68
0.00
1.68
20
25.01
500.20
0.00
500.20
20
2.13
42.60
0.00
42.60
2
24.92
49.84
0.00
49.84
3
106.25
318.75
0.00
318.75
140
3.59
502.60
0.00
502.60
6
3.10
18.60
0.00
18.60
20
3.14
62.80
0.00
62.80
4
1.56
6.24
0.00
6.24
28
3.40
95.20
0.00
95.20
1
682.04
682.04
0.00
682.04
5,771.22
0.00
5,771.22
59,962.52
48,318.85
108,281,37
4,647.10
112,928.47
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 9311022
Page 10
VRN-093160-003
May 6, 2019
TERMS AND CONDITIONS OF CONTRACT
TERMS AND CONDITIONS
All work is to be completed in a workmanlike manner according to standard practices. All material is to
be as specified. Any alterations or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over the estimate. All agreements
contingent upon strikes, accidents or delays beyond our control will be settled in a formal agreement.
Owner is responsible to carry fire, tornado and other necessary insurance. Our workers are fully covered
by Workman's Compensation Insurance.
PAYMENT REQUIREMENTS
This proposal pricing is only valid for 30 days. Upon acceptance a purchase order and 50% deposit is
required and due prior to commencement of work. Monthly progress invoices will be generated based on
percentage of completion and due Net 30. Balance will be invoiced upon substantial completion and due
Net 30.
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
Job Total $112,928.47
Vector Resources, Inc. dba VectorUSA Authorized Signature Date
ACCEPTANCE OF PROPOSAL
The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to
do the work as specified. Payment will be made as outlined above.
Authorized Signature
Print Name
Date
Page 11
Das
r AL c> ri H i n DPART � ri ,: N r OF Procurement Division
707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Vector Resources, Inc.
CMAS NUMBER:
SUPPLEMENT NO.:
CMAS TERM DATES:
CMAS CATEGORY:
APPLICABLE
TERMS & CONDITIONS:
MAXIMUM ORDER LIMIT:
FOR USE BY:
BASE GSA SCHEDULE NO.:
3-17-70-0876AN
10/02/2017 through 04/09/2023
Information Technology Goods &
Services
March 15, 2018
State Agencies: See Purchasing
Authority Dollar Threshold provision
Local Government Agencies: Unlimited
State & Local Government Agencies
GS-35F-0499N
BASE SCHEDULE HOLDER: Accu-Tech Corporation
This CMAS provides for the purchase and warranty of hardware. (See
page 2 for the specific brands applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this
is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained
in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the
website: www.documents.das.ca.00v/ad/contracts/contractindexiistina.Ddf, This requirement is not applicable to
local government entities.
The purpose of this supplement is to renew this CMAS through 04-09-2023. In addition, this supplement replaces
in its entirety VECTOR RESOURCES, INC.'s existing California Multiple Award Schedule (CMAS) that expires on
07-31-2018. The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions dated
March 15, 2018 and products and/or services are included herein. Please review these provisions carefully
because they may have changed since issuance of your last CMAS.
r
- Effective Date: 06/27/2018
KTOWERS, Program Analyst, California Multiple Award Schedules Unit
Procurement Division
Des c' An i a r w u r r� t ,•+ r tr r 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Vector Resources, Inc.
CMAS NUMBER:
SUPPLEMENT NO.:
CMAS TERM DATES:
CMAS CATEGORY:
APPLICABLE
TERMS & CONDITIONS:
3-17-70-0876AP
2
12/14/2017 through 7/26/2022
Information Technology Goods &
Services
March 15, 2018
State Agencies: See Purchasing
MAXIMUM ORDER LIMIT: Authority Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE GSA SCHEDULE NO.: GS-35F-573GA
BASE SCHEDULE HOLDER: Communications Supply Corporation
This CMAS provides for the purchase and warranty of hardware. (See
page 2 for the specific brands applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this
is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained
in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the
website: www.documents.das.ca.ciov/pd/contracts/contractindexlistina.Ddf. This requirement is not applicable to
local government entities.
The purpose of this supplement is to incorporate the following changes:
1) Update the CMAS Terms and Conditions to March 15, 2018 as attached (30 pages).
All other terms and conditions and provisions of the CMAS remain unchanged.
The provisions of supplement 1 have been incorporated into this supplement.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or
services are included herein. All purchase orders issued by State agencies under this CMAS shall incorporate
these Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated March 15, 2018.
Effective Date. 3/15/2019
JANNA WELK, Program Analyst, California Multiple Award Schedules Unit
6s � ,r 04N,., 7: 0A+ 1 rl, N f 0H Procurement Division
707 Third Street, 2nd Floor, MS #2-202
0G-ENERAL SERVICES West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Vector Resources, Inc.
JCMAS NUMBER: 3-08-70-0876Y
SUPPLEMENT NO.: 5
CMAS TERM DATES: 9/16/2013 through 7/31/2023
CMAS CATEGORY: I Information Technology Goods &
Services
APPLICABLE
TERMS & CONDITIONS:
MAXIMUM ORDER LIMIT:
FOR USE BY:
March 15, 2018
State Agencies: See Purchasing
Authority Dollar Threshold provision
Local Government Agencies: Unlimited
State & Local Government Agencies
BASE GSA SCHEDULE NO.: GS-35F-0505U
BASE SCHEDULE HOLDER: , Vector Resources, Inc.
This CMAS provides for the purchase, warranty and installation of
hardware, and InformationTechnology (IT) consulting services. (See
page 2 for the restrictions applicable to this CMAS.)
The purpose of this supplement is to renew this CMAS through 7-31-2023, In addition, this supplement replaces in its
entirety Vector Resources, Inc.'s existing California Multiple Award Schedule (CMAS) that expires on 10-31-2018. The most
current Ordering Instructions and Special Provisions, CMAS Terms and Conditions dated March 15, 2018, and products
and/or services are included herein. Please review these provisions carefully because they may have changed since
issuance of your last CMAS.
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case,
the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide
Contract User Instructions. Information regarding Statewide Contracts can be obtained at the website:
www.documents.das.ca.ciov/od/contracts/contractindexlistino.odf. This requirement is not applicable to local government
entities.
The installation services provided under this CMAS are only in support of the products covered by this CMAS.
Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS
program.
CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS.
':� - Effective Date: 9/12/2018
WfAN DUGGE ogram Analyst, California Multiple Award Schedules Unit
CONTRACT NO. C38740
CITY OF PALM DESERT
SHORT FORM CONSTRUCTION CONTRACT
Fiber and Cabling Upgrade
1. PARTIES AND DATE.
This Contract is made and entered into this 13th day of June 2019, by and between the City of
Palm Desert, a municipal corporation organized under the laws of the State of California with its
principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578,
County of Riverside, State of California ("City") and Vector Resources, DBA VectorUSA a
CORPORATION with its principal place of business at 8647 Ninth Street, Rancho Cucamonga,
CA 91730 ("Contractor"). City and Contractor are sometimes individually referred to as "Party"
and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Cif. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
Installation of new structured communication cabling related construction services to public
clients, that it and its employees or subcontractors have all necessary licenses and permits to
perform the services in the State of California, and that it is familiar with the plans of City. The
following license classifications are required for this Project: C7.
2.3 Project. City desires to engage Contractor to render such services for the Fiber
and Cabling Upgrade ("Project") as set forth in this Contract.
2.4 Proiect Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, insurance documents and any other certifications as required by the
Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "C")
3.1.1 Precedence. To the extent there is a conflict between any portions of
this Contract, the order of precedence shall be as follows: change orders, special conditions,
technical specifications, plans/construction drawings, general contract terms, scope of work,
standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted
by Contractor.
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3.2 Contractor's Basic Obliaation; Scooe of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the City all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the
Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as
specified pursuant to this Contract. All Work shall be subject to, and performed in accordance
with the above referenced documents, as well as the exhibits attached hereto and incorporated
herein by reference. The plans and specifications for the Work are further described in Exhibit
"B" attached hereto and incorporated herein by this reference. Special Conditions, if any,
relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this
reference.
3.2.1 Chanqe in Scope of Work. Any change in the scope of the Work,
method of performance, nature of materials or price thereof, or any other matter materially
affecting the performance or nature of the Work shall not be paid for or accepted unless such
change, addition or deletion is approved in advance and in writing by a valid change order
executed by the City.
3.2.1.1 Chanqe Orders. Changes to the Contract Time (as defined in
Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed
by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract
Time unless the delay impacts the critical path to completion and the delay was not caused in
whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a
waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for
Change Orders shall be accompanied by detailed supporting documentation, including but not
limited to payroll records, invoices, schedules, and any other documentation requested by the
City for the purpose of determining the additional costs or the impact of any delay. If the change
involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit
price. If there is no unit price, then the Total Contract Price shall be adjusted to account for
costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute
the entire amount of profit, mark-ups, field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for such work.
Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Chanaes Ordered By City. City may at any time issue a written directive
ordering additions, deletions, or changes to the Work. Contractor shall
proceed with the work in accordance with the directive. To the extent the
directive results in extra work or requires additional Contract Time,
Contractor shall request a Change Order within seven (7) days of
receiving the Work Directive. If any costs are not capable of being
determined within seven (7) days, then Contractor shall request a
Change Order within seven (7) days of when the costs are capable of
being determined.
(B) Chanaes Reauested By Contractor. With respect to any matter that may
involve or require an adjustment to the Contract Time or the Contract
Price, Contractor shall provide written notice of the underlying facts and
circumstances that gave rise to the potential change within seven (7)
days or prior to the alteration of conditions, whichever is earlier. Failure
to give notice shall constitute a waiver of Contractor's right to a change
order. If any costs are not capable of being determined within seven (7)
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days, then Contractor shall request a Change Order within seven (7)
days of when the costs are capable of being determined.
3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or
specified in this Contract. However, the City may have adopted certain uniform standards for
certain materials, processes and articles. Contractor shall submit requests, together with
substantiating data, for substitution of any "or equal" material, process or article no later than
thirty-five (35) days after award of the Contract. To facilitate the construction schedule and
sequencing, some requests may need to be submitted before thirty-five (35) days after award of
Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize
an extension of time for performance of this Contract. If a proposed "or equal" substitution
request is rejected, Contractor shall be responsible for providing the specified material, process
or article. The burden of proof as to the equality of any material, process or article shall rest
with Contractor.
The City has the complete and sole discretion to determine if a material, process or
article is an "or equal" material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted "or
equal" material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted "or equal"
material, process or article, and substantiates that it is an "or equal" to the material, process or
article. The substantiating data must also include information regarding the durability and
lifecycle cost of the requested substituted or equal material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of substitution
requests. Contractor shall be responsible for all costs related to a substituted "or equal"
material, process or article. Contractor is directed to the Special Conditions (if any) to review
any findings made pursuant to Public Contract Code section 3400.
3.3 Standard of Performance; Performance of Employees. Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, including a City Business License, and that such licenses and approvals shall be
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72500.00001\31605522.1 Rev 11-9-18
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by Contractor and shall not
be re-employed on the Work.
3.4 Control and Pavment of Subordinates: Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.5 Citv's Basic Obliqation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above. Except as
otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the
satisfactory performance by Contractor of the services and obligations required by this Contract,
the below -referenced compensation in accordance with compensation provisions set forth in the
Contract.
3.6 Compensation and Pavment.
3.6.1 Amount of Compensation. As consideration for performance of the
Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred
Twelve Thousand Nine Hundred Twenty Eight Dollars and Forty Seven Cents ($112,928.47)
("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to
the applicable terms of this Contract or written change orders approved and signed in advance
by the City.
3.6.2 Pavment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City
and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments. Contractor shall submit its final invoice to City within thirty (30)
days from the last date of the Work or termination in accordance with section 3.18.3 and failure
by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
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3.6.3 Prompt Pavment. City shall review and pay all progress payment
requests in accordance with the provisions set forth in Section 20104.50 of the California Public
Contract Code. However, no progress payments will be made for Work not completed in
accordance with this Contract. Contractor shall comply with all applicable laws, rules and
regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.6.4 Contract Retentions. From each approved progress estimate, five
percent (5%) will be deducted and retained by the City, and the remainder will be paid to
Contractor. All Contract retention shall be released and paid to Contractor and subcontractors
pursuant to California Public Contract Code Section 7107.
3.6.5 Other Retentions. In addition to Contract retentions, the City may
deduct from each progress payment an amount necessary to protect City from loss because of:
(1) any sums expended by the City in performing any of Contractor's obligations under the
Contract which Contractor has failed to perform or has performed inadequately; (2) defective
Work not remedied; (3) stop notices as allowed by state law; (5) unsatisfactory prosecution of
the Work by Contractor; (6) unauthorized deviations from the Contract; (7) failure of Contractor
to maintain or submit on a timely basis proper and sufficient documentation as required by the
Contract or by City during the prosecution of the Work; (8) erroneous or false estimates by
Contractor of the value of the Work performed; (9) any sums representing expenses,' losses, or
damages as determined by the City, incurred by the City for which Contractor is liable under the
Contract; and (10) any other sums which the City is entitled to recover from Contractor under
the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor
Code. The failure by the City to deduct any of these sums from a progress payment shall not
constitute a waiver of the City's right to such sums.
3.6.6 Pavment to Subcontractors. Contractor shall pay all subcontractors
for and on account of work performed by such subcontractors in accordance with the terms of
their respective subcontracts and as provided for in Section 7108.5 of the California Business
and Professions Code. Such payments to subcontractors shall be based on the measurements
and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.6.7 Title to Work. As security for partial, progress, or other payments, title
to Work for which such payments are made shall pass to the City at the time of payment. To
the extent that title has not previously been vested in the City by reason of payments, full title
shall pass to the City at delivery of the Work at the destination and time specified in this
Contract. Such transferred title shall in each case be good, free and clear from any and all
security interests, liens, or other encumbrances. Contractor promises and agrees that it will not
pledge, hypothecate, or otherwise encumber the items in any manner that would result in any
lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.6.8 Labor and Material Releases. Contractor shall furnish City with labor
and material releases from all subcontractors performing work on, or furnishing materials for,
the Work governed by this Contract prior to final payment by City.
3.7 Labor
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3.7.1 Prevailing Waqes. Contractor is aware of the requirements of
California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public works"
and "maintenance" projects. Since the Work is being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $25,000 or more for a public works project or $15,000 or more for a
maintenance project, Contractor agrees to fully comply with such Prevailing Wage Laws. City
shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Contract. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at Contractor's principal place
of business and at the project site. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any
subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each
worker paid less than the prevailing wage rates.
3.7.2 Anorenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of
the California Labor Code with respect to the employment of properly registered apprentices
upon public works. The primary responsibility for compliance with said section for all
apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is
determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit
as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or
such greater amount as provided by law.
3.7.3 Hours of Work. Contractor is advised that eight (8) hours labor
constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code,
Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted
to work more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendar week, except when payment for overtime is made at not less than one and one-half
(1-1/2) times the basic rate for that worker.
3.7.4 Pavroll Records. Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. The payroll records shall be certified and shall be available for
inspection at all reasonable hours at the principal office of Contractor in the manner provided in
Labor Code section 1776. In the event of noncompliance with the requirements of this section,
Contractor shall have 10 days in which to comply subsequent to receipt of written notice
specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City,
forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding
wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works
contracts for a period of one to three years as determined by the Labor Commissioner. Upon
the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The
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72500.00001\31605522.1 Rev 11-9-18
responsibility for compliance with this section is on Contractor. In accordance with Labor Code
section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records
directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may
include electronic submission. The requirement to submit certified payroll records directly to the
Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a
public works project that is exempt pursuant to the small project exemption specified in Labor
Code Section 1771.4.
3.7.5 Contractor and Subcontractor Registration. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted nor any contract entered into
without proof of the contractor's and subcontractors' current registration with the Department of
Industrial Relations to perform public work. Contractor is directed to review, fill out and execute
the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to
contract execution. Notwithstanding the foregoing, the contractor registration requirements
mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a
public works project that is exempt pursuant to the small project exemption specified in Labor
Code Sections 1725.5 and 1771.1.
3.7.6 Labor Compliance: Stop Orders. This Project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be the
Contractor's sole responsibility to evaluate and pay the cost of complying with all labor
compliance requirements under this Contract and applicable law. Any stop orders issued by the
Department of Industrial Relations against Contractor or any subcontractor that affect
Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility.
Any delay arising out of or resulting from such stop orders shall be considered Contractor
caused delay subject to any applicable liquidated damages and shall not be compensable by
the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees
and agents free and harmless from any claim or liability arising out of stop orders issued by the
Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work: Jobsite Obliqations.
3.8.1.1 Reservation of Riqht to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor's failure to comply with
the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City's attorney's fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1.2 Traininq. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will
receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided
under this Contract. Upon request, City will provide the Contractor with a list of training
programs that meet the requirements of this paragraph.
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3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. Contractor shall comply with the requirements of
the specifications relating to safety measures applicable in particular operations or kinds of
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the Work and the conditions under
which the Work is to be performed. Safety precautions as applicable shall include, but shall not
be limited to, adequate life protection and lifesaving equipment; adequate illumination for
underground and night operations; instructions in accident prevention for all employees, such as
machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of
the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Requlations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Contract or the Work, including all Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with the Work. If Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part
of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract, from any
claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing
City permits and licenses necessary to perform the Work described herein, including, but not
limited to, any required business license. While Contractor will not be charged a fee for any City
permits, Contractor shall pay the City's business license fee, if any. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on
this Project.
3.8.5 Trenchina Work. If the Total Contract Price exceeds $25,000 and if
the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or
more in depth, Contractor shall comply with all applicable provisions of the California Labor
Code, including Section 6705. To this end, Contractor shall submit for City's review and
approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to
be made for worker protection from the hazard of caving ground during the excavation of such
trench or trenches. If such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
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3.8.6 Hazardous Materials and Differing Conditions. As required by
California Public Contract Code Section 7104, if this Contract involves digging trenches or other
excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly,
and prior to disturbance of any conditions, notify City of: (1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a
Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site
differing from those indicated by City; and (3) unknown physical conditions of an unusual nature
at the site, significantly different from those ordinarily encountered in such contract work. Upon
notification, City shall promptly investigate the conditions to determine whether a change order
is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underaround Utilitv Facilities. To the extent required by Section 4215
of the California Government Code, City shall compensate Contractor for the costs of: (1)
locating and repairing damage to underground utility facilities not caused by the failure of
Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities
not indicated in the construction drawings; and (3) equipment necessarily idled during such
work. Contractor shall not be assessed liquidated damages for delay caused by failure of City
to provide for removal or relocation of such utility facilities.
3.8.8 Air Qualitv. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor
shall specifically be aware of their application to "portable equipment", which definition is
considered by CARB to include any item of equipment with a fuel -powered engine. Contractor
shall indemnify City against any fines or penalties imposed by CARB, or any other governmental
or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Contract.
3.8.9 State Recvclina Mandates. Contractor shall comply with State
Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be
feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or
recycling.
3.8.10 Inspection Of Site. Contractor has visited sites where Work is to be
performed and has become acquainted with all conditions affecting the Work. Contractor
warrants that it has made such examinations as it deems necessary to determine the condition
of the Work sites, its accessibility to materials, workmen and equipment, and to determine the
Contractor's ability to protect existing surface and subsurface improvements. No claim for
allowances —time or money —will be allowed as to such matters.
3.9 Completion of Work. When Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it
has completed the incomplete or unsatisfactory Work, Contractor may request a re -inspection
by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract
72500.00001\31605522.1 Rev 11-9-18
Price remaining to be paid, less any amount which City may be authorized or directed by law to
retain. Payment of retention proceeds due to Contractor shall be made in accordance with
Section 7107 of the California Public Contract Code.
3.10 Claims: Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, section 20104 et seq., of the
California Public Contract Code prescribes a process utilizing informal conferences, non -binding
judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims
of $375,000 or less. Effective January 1, 2017, section 9204 of the Public Contract Code
prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this section is to implement sections 20104 et seq. and section 9204 of the
California Public Contract Code. This section shall be construed to be consistent with said
statutes.
3.10.2 The following requirements apply to all contracts entered into after
January 1, 1991, and all claims to which this section applies:
3.10.2.1 Prerequisites. If any dispute shall arise between the City and
Contractor regarding performance of the work, or any alleged change in the work, Contractor
shall timely perform the disputed work and shall give written notice of a claim for additional
compensation for the work to the City within three (3) days after commencement of the disputed
work. Contractor's failure to give written notice within the three (3)-day period constitutes an
agreement by Contractor that it will receive no extra compensation for the disputed work and
shall constitute a waiver of the right to these procedures.
3.10.2.2 Claim Submittal. For purposes of this section, "Claim" means a
separate demand by the Contractor, after a change order duly requested in accordance with the
terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of
money or damages arising from Work done by or on behalf of the Contractor pursuant to the
Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by
this section may not be filed unless and until the Contractor completes all procedures for giving
notice of delay or change and for the requesting of a time extension or change order, including
but not necessarily limited to the change order procedures contained herein, and Contractor's
request for a change has been denied in whole or in part. The claim shall be submitted in
writing to the City and shall include on its first page the following in 16 point capital font: "THIS
IS A CLAIM." Claims governed by this procedure must be filed on or before the date of
final payment. Nothing in this section is intended to extend the time limit or supersede notice
requirements otherwise provided by contract for the filing of claims, including all requirements
pertaining to compensation or payment for extra work, disputed work, and/or changed
conditions. Failure to follow such contractual requirements shall bar any claims or subsequent
lawsuits for compensation or payment thereon.
3.10.2.3 Su000rtinq Documentation: The Contractor shall submit all
claims in the following format:
(1) Summary of claim merit and price, reference Contract Document
provisions pursuant to which the claim is made
(2) List of documents relating to claim:
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(A) Specifications
A Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
(3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format
3.10.2.4 Citv's Response. Upon receipt of a claim pursuant to this
Section, City shall conduct a reasonable review of the claim and, within a period not to exceed
45 days, shall provide the Contractor a written statement identifying what portion of the claim is
disputed and what portion is undisputed. Any payment due on an undisputed portion of the
claim will be processed and made within 60 days after the public entity issues its written
statement.
(1) If the City needs approval from the City Council to provide the
Contractor a written statement identifying the disputed portion and
the undisputed portion of the claim, and the City Council does not
meet within the 45 days or within the mutually agreed to extension
of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the City shall have up to
three days following the next duly publicly noticed meeting of the
City Council after the 45-day period, or extension, expires to
provide the Contractor a written statement identifying the disputed
portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing
additional documentation supporting the claim or relating to
defenses or claims the City may have against the Contractor. If
additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement
of City and the Contractor.
(3) The City's written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is
less than $50,000, within 15 days) after receipt of the further
documentation, or within a period of time no greater than that taken
by the Contractor in producing the additional information or
requested documentation, whichever is greater.
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3.10.2.5 Meet and Confer. If the Contractor disputes the City's written
response, or the City fails to respond within the time prescribed, the Contractor may so notify
the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the
City's failure to respond within the time prescribed, respectively, and demand an informal
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a
demand, the City shall schedule a meet and confer conference within 30 days for settlement of
the dispute.
3.10.2.6 Mediation. Within 10 business days following the conclusion
of the meet and confer conference, if the claim or any portion of the claim remains in dispute,
the City shall provide the Contractor a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an undisputed
portion of the claim shall be processed and made within 60 days after the City issues its written
statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be
submitted to nonbinding mediation, with the City and the Contractor sharing the associated
costs equally. The City and Contractor shall mutually agree to a mediator within 10 business
days after the disputed portion of the claim has been identified in writing, unless the parties
agree to select a mediator at a later time.
(1) If the parties cannot agree upon a mediator, each party shall select
a mediator and those mediators shall select a qualified neutral third
party to mediate with regard to the disputed portion of the claim.
Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator.
(2) For purposes of this section, mediation includes any nonbinding
process, including, but not limited to, neutral evaluation or a dispute
review board, in which an independent third party or board assists
the parties in dispute resolution through negotiation or by issuance
of an evaluation. Any mediation utilized shall conform to the
timeframes in this section.
(3) Unless otherwise agreed to by the City and the Contractor in
writing, the mediation conducted pursuant to this section shall
excuse any further obligation under Section 20104.4 to mediate
after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor
completes the Work or the date that the Contractor last performs
Work, whichever is earlier. All unresolved claims shall be
considered jointly in a single mediation, unless a new unrelated
claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in
dispute, the Contractor must file a claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period
of time within which a claim must be filed shall be tolled from the
time the Contractor submits his or her written claim pursuant to
subdivision (a) until the time the claim is denied, including any
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period of time utilized by the meet and confer conference or
mediation.
3.10.2.7 Civil Actions. The following procedures are established for all
civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or
responsive pleadings, the court shall submit the matter to non-
binding mediation unless waived by mutual stipulation of both
parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and
the terms of these procedures.. The mediation process shall
provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within
30 days of the submittal, and shall be concluded within 15 days
from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1114.11 of that code. The Civil Discovery
Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3
of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any
proceeding brought under this subdivision consistent with the rules
pertaining to judicial arbitration.
(A) In addition to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators
shall, when possible, be experienced in construction law, and
(B) any party appealing an arbitration award who does not
obtain a more favorable judgment shall, in addition to payment
of costs and fees under that chapter, also pay the attorney's
fees on appeal of the other party.
3.10.2.8 Government Code Claims. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, construction claims and/or changed conditions, the Contractor must comply with
the claim procedures set forth in Government Code Section 900, et seq. prior to filing any
lawsuit against the City. Such Government Code claims and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, construction claims, and/or changed
conditions have been followed by Contractor. If no such Government Code claim is submitted,
or if the prerequisite contractual requirements are not satisfied, no action against the City may
be filed. A Government Code claim must be filed no earlier than the date the work is completed
or the date the Contractor last performs work on the Project, whichever occurs first. A
Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim
arises after the Government Code claim is submitted.
3.10.2.9 Citv's Responses. The City's failure to respond to a claim from
the Contractor within the time periods described in this Section or to otherwise meet the time
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requirements of this Section shall result in the claim being deemed rejected in its entirety. City's
failure to respond shall not waive City's rights to any subsequent procedures for the resolution
of disputed claims.
3.11 Loss and Damaqe. Except as may otherwise be limited by law, Contractor shall
be responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City. In the event of damage proximately caused by an Act of God, as defined by Section
7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section
3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day
advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnitv. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City, its officials, employees, agents and authorized
volunteers free and harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage
or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent,
or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any
manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or
agents in connection with the performance of the Contractor's services, the Project or this
Contract, including without limitation the payment of all damages, expert witness fees and
attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the
extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to
liability for damages for death or bodily injury to persons, injury to property, or any other loss,
damage or expense arising from the sole or active negligence or willful misconduct of the City or
the City's agents, servants, or independent contractors who are directly responsible to the City,
or for defects in design furnished by those persons.
3.12.2 Additional Indemnitv Obligations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall survive expiration or termination of this Contract, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, employees, agents and authorized
volunteers.
3.13 Insurance.
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3.13.1 Minimum Reauirements. Without limiting Contractor's indemnification
of the City of Palm Desert, and prior to commencement of Work, Contractor shall obtain, provide
and maintain at its own expense during the term of this Contract, policies of insurance of the
type and amounts described below and in a form that is satisfactory to the City.
3.13.1.1 General Liabilitv Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000
completed operations aggregate. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract" language will not be
accepted.
3.13.1.2 Automobile Liabilitv Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for any owned,
hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
3.13.1.3 Umbrella or Excess Liabilitv Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability, automobile liability and employer's liability. Such policy or policies shall include
the following terms and conditions:
(A) A drop down feature requiring the policy to respond if the event that any
primary insurance that would otherwise have applied proves to be
uncollectible in whole or in part for any reason; Pay on behalf of wording
as opposed to reimbursement;
(B) Pay on behalf of wording as opposed to reimbursement;
(C) Concurrency of effective dates with primary policies;
(D) Policies shall "follow form" to the underlying primary policies; and
(E) Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
3.13.1.4 Workers' Compensation Insurance. Contractor may maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the
State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers,
agents, employees and volunteers.
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3.13.2 Other Provisions or Requirements
3.13.2.1 Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
3.13.2.2 Duration of Coveraae. Contractor shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work hereunder by
Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain
general liability and umbrella or excess liability insurance for as long as there is a statutory
exposure to completed operations claims. The City of Palm Desert and its officers, officials,
employees, and agents shall continue as additional insureds under such policies.
3.13.2.3 Primarv/Non-Contributinq. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
3.13.2.4 Products/Completed Operations Coverage.
Products/completed operations coverage shall extend a minimum of three (3) years after project
completion. Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors, the Policy must
include work performed "by or on behalf' of the insured. Policy shall contain no language that
would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the
insurer. The City, its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
3.13.2.5 Citv's Riahts of Enforcement. In the event any policy of
insurance required under this Contract does not comply with these requirements, or is canceled
and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold
amounts sufficient to pay premium from Contractor payments. In the alternative, City may
cancel this Contract.
3.13.2.6 Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
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3.13.2.7 Waiver of Subroaation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City of
Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or
shall specifically allow Contractor or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against the City of Palm Desert, its elected or appointed officers, agents,
officials, employees and volunteers and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
3.13.2.8 Enforcement of Contract Provisions (non -estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
3.13.2.9 Requirements Not Limitinq. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
3.13.2.10 Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal
of coverage for each required coverage.
3.13.2.11 Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability policies shall provide or be endorsed to provide that the City
of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any excess/umbrella liability
policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees,
or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04)
and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
3.13.2.12 Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
3.13.2.13 Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the
insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
3.13.2.14 Pass Throuah Clause. Contractor agrees to ensure that its
sub -consultants, sub -contractors, and any other party involved with the project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage
and endorsements required of Contractor. Contractor agrees to monitor and review all such
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coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Contractor agrees that upon request, all
agreements with consultants, subcontractors, and others engaged in the project will be
submitted to City for review.
3.13.2.15 Citv's Riaht to Revise Requirements. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Contractor ninety (90) days advance written notice
of such change. If such change results in substantial additional cost to the Contractor, the City
and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written
notice.
3.13.2.16 Self -Insured Retentions. Any self -insured retentions must be
declared to and approved by City. City reserves the right to require that self -insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
3.13.2.17 Timelv Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage under any of the
required liability policies.
3.13.2.18 Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
3.13.2.19
3.14 Bond Requirements.
3.14.1 Pavment Bond. If required by law or otherwise specifically requested
by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit "C"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and
in a form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be
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deemed due or will be made under this Contract until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased
in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
3.14.4 Suretv Qualifications. Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If
a California -admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warrantv. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non -conforming materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non-conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non -conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
3.16 Emolovee/Labor Certifications.
3.16.1 Contractor's Labor Certification. By its signature hereunder,
Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability for Worker's Compensation or
to undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Work. A certification
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form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein
by reference, shall be executed simultaneously with this Contract.
3.16.2 Eaual Opportunitv Emplovment. Contractor represents that it is an
equal opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Emplovment Eliaibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subcontractors and sub -subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City's Representative. The City hereby designates The Information
Systems Manager, or his or her designee, to act as its representative for the performance of this
Contract ("City's Representative"). City's Representative shall have the power to act on behalf
of the City for all purposes under this Contract. Contractor shall not accept direction or orders
from any person other than the City's Representative or his or her designee.
3.17.2 Contractor's Representative. Before starting the Work, Contractor
shall submit in writing the name, qualifications and experience of its proposed representative
who shall be subject to the review and approval of the City ("'Contractor's Representative").
Following approval by the City, Contractor's Representative shall have full authority to represent
and act on behalf of Contractor for all purposes under this Contract. Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
3.17.3 Termination. This Contract may be terminated by City at any time,
either with our without cause, by giving Contractor three (3) days advance written notice. In the
event of termination by City for any reason other than the fault of Contractor, City shall pay
Contractor for all Work performed up to that time as provided herein. In the event of breach of
the Contract by Contractor, City may terminate the Contract immediately without notice, may
reduce payment to Contractor in the amount necessary to offset City's resulting damages, and
may pursue any other available recourse against Contractor. Contractor may not terminate this
Contract except for cause. In the event this Contract is terminated in whole or in part as
provided, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated. Further, if this Contract is terminated as
provided, City may require Contractor to provide all finished or unfinished documents, data,
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diagrams, drawings, materials or other matter prepared or built by Contractor in connection with
its performance of this Contract. Contractor shall be required to provide such document and
other information within fifteen (15) days of the request.
3.17.4 Contract Interpretation. Should any question arise regarding the
meaning or import of any of the provisions of this Contract or written or oral instructions from
City, the matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.17.5 Anti -Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. in entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Contract. This assignment shall be
made and become effective at the time the City tender final payment to Contractor, without
further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
ATTN: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
ATTN: CLAYTON VON HELF, INFORMATION SYSTEMS MANAGER
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.17.8 Assianment Forbidden. Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations
to Contractor or its assignee or transferee.
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3.17.9 No Third Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws; Venue. This Contract shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term of this
Contract, the action shall be brought in a state or federal court situated in the County of
Riverside, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to terminate this Contract without
liability.
3.17.14 Conflict of Interest. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to rescind this Contract without
liability. For the term of this Contract, no director, official, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Contract, or obtain any
present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file,
or to cause its employees or subcontractors to file, a Statement of Economic Interest with the
City's Filing Officer as required under state law in the performance of the Work.
3.17.15 Certification of License.
3.17.15.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
3.17.15.2 Contractors are required by law to be licensed and regulated
by the Contractors' State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to
structural defects must be filed within ten (10) years of the date of the alleged violation. Any
questions concerning a contractor may be referred to the Registrar, Contractors' State License
Board, P.O. Box 26000, Sacramento, California 95826.
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3.17.16 Authoritv to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract
and bind each respective Party.
3.17.17 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.17.18 Non -Waiver. None of the provisions of this Contract shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.19 Citv's Right to Emolov Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects.
_[Signatures on Next Page]
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72500.00001\31605522.1 Rev 11-9-18
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALM DESERT
AND Vector Resources, Inc. dba VectorUSA
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 13th day
of June, 2019.
CITY OF PALM DESERT [***INSERT NAME OF CONTRACTOR]
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
By: SECRETARY OR TREASURER REQUIRED]
[INSERT NAME]
[INSERT TITLE]
By:
Its:
ATTEST:
Printed Name:
By:
City Clerk Contractor's License Number and
Classification
DIR Registration Number
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
24
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "A"
SERVICES / SCHEDULE
SEE PROPOSAL VRN-093160-003
Exhibit A-1
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "B"
PLANS AND SPECIFICATIONS
SEE PROPOSAL VRN-093160-003
Exhibit B-1
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "C"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seg., of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of the
Code, and I, the undersigned Contractor, agree to and will comply with such provisions before
commencing the performance of the Work on this Contract.
Vector Resources, Inc. dba VectorUSA
By:
Signature
Name (Print)
Title (Print
Exhibit C
72500.00001\31605522.1 Rev 11-9-18