HomeMy WebLinkAboutC39680 - Local Area Network Upgrades CONTRACT NO. C39680
STAFF REPORT
CITY OF PALM DESERT
INFORMATION SYSTEMS DEPARTMENT
MEETING DATE: December 12, 2019
PREPARED BY: Clayton von Helf, Information Systems Manager
REQUEST: Approve contract for Local Area Network Upgrades with Vector
Resources, Inc. dba VectorUSA in the amount of$229,163.51, with
an additional 10% contingency of $22,916, and authorize the City
Manager to negotiate, finalize and execute agreement.
Recommendation
By Minute Motion, that the City Council:
1. Approve a contract with Vector Resources, Inc. dba VectorUSA in the amount
of $229,163.51 for a Local Area Network (LAN) Hardware and Software
Upgrades and authorize the City Manager to negotiate, finalize and execute
agreement.
2. Authorize a ten percent contingency, in the amount of $22,916 dollars and
authorize the City Manager to approve requests from the contingency for
unforeseen conditions.
Strategic 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 Technology 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.
Background Analysis
The City uses a Local Area Network (LAN) for all communications — both computer and
telephone communications. This is the backbone for all of our services and interactions
with the public and internally with staff. The current LAN was purchased in 2008. This
older hardware has very limited support options, and is unable to run modern
management and security software. This proposal will update all of our network switches,
wireless access points, and backup power supplies at the City Hall and Corporation Yard
December 12, 2019 - Staff Report
VectorUSA Network Upgrades
Page 2 of 2
networks. This upgrade will also include network management software to help increase
the security and reliability of our network.
The hardware, software, and installation services are being purchased using government
pricing contracts, with the exception of $5,675.83 — for installation of an exterior conduit
that is not under government pricing contracts. The balance, $223,487.68 are purchased
using CMAS and NASPO government pricing contracts and fulfills the competitive bidding
requirement of the Palm Desert purchasing ordinance (PDMC 3.30.160.E).
Fiscal Analysis
Approval of staff's request would result in an expense of$229,163.51 from the equipment
replacement fund, and the reserve of an additional $22,916 for contingency. Funds were
budgeted and are available for this fiscal year, account number 5304190-4404000.
LEGAL REVIEW DEPT. REVIEW NANCIAL REVIEW CITY MANAGER
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o rney �
Robert W. Hargreaves Di ector of `Janet Moore Lauri Aylaian
City Attorney Administrative Services Director of Finance City Manager
ATTACHMENTS: Proposal VRN-095889-007, Draft Contract
CONTRACT NO. C39680
CITY OF PALM DESERT
SHORT FORM CONSTRUCTION CONTRACT
Network Hardware and Software Upgrade
1. PARTIES AND DATE.
This Contract is made and entered into this 12th day of December 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 City. 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 Network
Hardware and Software Upgrade ("Project") as set forth in this Contract.
2.4 Project 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 Obligation; Scope 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 Change 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 Change 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) Changes 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) Changes Requested 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) days, then
Contractor shall request a Change Order within seven (7) days of when
the costs are capable of being determined.
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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 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
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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 Payment 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 City's Basic Obligation. 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 Payment.
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 Two Hundred
Twenty Nine Thousand One Hundred Sixty Three Dollars and Fifty One Cents ($229,163.51)
("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 Payment 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.
3.6.3 Prompt Payment. 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.
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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 Payment 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
3.7.1 Prevailing Wages. 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
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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 Apprenticeable 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 Payroll 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 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.
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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 Obligations.
3.8.1.1 Reservation of Right 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 Training. 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.
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
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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 Regulations. 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 Trenching 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.
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.
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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 Underground Utility 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 Quality. 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 Recycling 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 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
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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 Supporting 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:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
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(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 City'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.
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.
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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 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,
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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 City'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
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 Damage. 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.
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3.12.1 Scope of Indemnity. 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 Indemnity 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.
3.13.1 Minimum Requirements. 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 Liability 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 Liability 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-
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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 Liability 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.
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 Coverage. 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
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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 Primary/Non-Contributing. 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 City's Rights 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.
3.13.2.7 Waiver of Subrogation. 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 Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
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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 Through 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 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 City's Right 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.
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3.13.2.17 Timely 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 Payment 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 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 Surety 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 Warranty. 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
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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 Employee/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 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 Equal Opportunity Employment. 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 Employment Eligibility. 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.
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72500.00001\31605522.1 Rev 11-9-18
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, 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.
20
72500.00001\31605522.1 Rev 11-9-18
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:
VECTOR RESOURCES, INC. DBA VECTORUSA
8649 9T" STREET
RANCHO CUCAMONGA, CA 91730
ATTN: SKYLER PETERSON, GENERAL MANAGER
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 Assignment 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.
3.17.9 No Third Party 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
21
72500.00001\31605522.1 Rev 11-9-18
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.
3.17.16 Authority 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 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project or other projects.
_[Signatures on Next Page]
22
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 12th day
of December, 2019.
CITY OF PALM DESERT VECTOR RESOURCES, INC. DBA
VECTORUSA
IF CORPORATION, TWO SIGNATURES,
By: _ PRESIDENT OR VICE PRESIDENT AND
LAURI AYLAIAN SECRETARY OR TREASURER REQUIRED
City Manager
By:
ATTEST: Its:
Printed Name:
By:
City Clerk
Contractor's License Number and
Classification
DIR Registration Number
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
23
72500.00001\31605522 1 Rev 11-9-18
EXHIBIT "A"
SERVICES / SCHEDULE
SEE PROPOSAL VRN-095889-007
Exhibit A-1
72500 00001\31605522 1 Rev 11-9-18
EXHIBIT "B"
PLANS AND SPECIFICATIONS
SEE PROPOSAL VRN-095889-007
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 seq., 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
or
V
7
ACTOR dbatVecorUSAes, Inc. November 7, 20190
'CONNECTR;f: 8647 Ninth Street
U$
�pcUNPE YG Rancho Cucamonga, CA
awq Pa,n� 91730
PIJ THE'OM
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
Project
Network Upgrade
Network Upgrade revised Proposal Version 3
Prepared For
City of Palm Desert
Prepared By
Skyler Peterson
Page 1
VRN-095889-007
November 7, 2019
TABLE OF CONTENTS
1.0 Scope of Services
2.0 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-095889-007
November 7, 2019
1.0 Scope of Services
1.1 Project Overview
The City of Palm Desert is looking to upgrade their data network. Included in this upgrade will be new
switches, access points, UPS, and a new network management platform,The new switch platform will
need to include:
• 1000Base-T PoE+ ports
• 10 Gigabit Ethernet over Single Mode fiber ports.
• Multi-Rate Gigabit ports.
VectorUSA is proposing to provide this hardware, associated accessories, and the installation services
necessary to provide a full turnkey network upgrade.
A new feature being added to the City's network will be the Clearpass managemet tool. Clearpass, along
with Aruba Central, will form the basis of the management of the City's upgraded network.The
installation and configuration of these applications will be provided as well as adminstrative training for
the City to maintain daily operations.
The pricing within this proposal is based off of two different public sector purchasing vehicles, NASPO,
and CMAS.
The NASPO Contract number:AR1464,California#(7-14-70-06).
The CMAS Contract number: 3-11-70-0876AK,&3-19-70-0876AS
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 3
VRN-095889-007
November 7, 2019
1.2 LAN Hardware
The City wishes to implement a replacement of the network hardware at all locations. Replacement
switches and their required port count are:
Building&Safety 96
Corp Yard 2 48
Corp Yard Traffic 48
Corp Yard DR 48
Council Chambers 24
North Wing 144
Public Works 144
Server Room 120
The proposed model for all IDF locations will be the Aruba 5406r z12 switch chassis,the Server Room will
get the Aruba 5412r z12 swtich chassis. Due to the port density at the North Wing and Public Works IDFs,
we will provide and install two 5406 chassis.The plan will be to distribute the hardware based on the
following table.
Switch# Location J9822A J9821A J9990A J9150D)9986A J9995A )92830
1 Server Room 1 2 8 3 1
2 North Wing-Switch-1 1 2 1 1 1 1
3 North Wing-Switch-2 1 2 1 1 1 1
4 Council Chambers 1 1 1 1
5 Building and Safety 1 2 1 2 1
6 Public Works Switch-1 1 2 2 1 1 1
7 Public Works Switch-2 1 2 1 1 1 1
8 Corp Yard Traffic 1 2 2 1
9 Corp Yard 2 1 2 1 1
10 Corp Yard DR 1 2 1 1
TOTALS: 1 9 19 19 9 10 4
All devicess will be interconnected with 10Gigabit Ethernet utilizing the existing single mode fiber. For
locations with two switch chassis,these devices will be interconnected with 3m DAC cables to provide the
high speed link. Each chassis will be outfitted with two power supplies,for the 5406r chassis,the power
supply will be an 1100W model, and for the 5412r chassis it will be a 2750W model.
The Corp Yard DR switch will be cold standby. It will not be rackmounted or connected to the City's
network.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 4
VRN-095889-007
November 7, 2019
1.3 Wireless Network
The wireless network will also receive an upgrade.
18 new Aruba access points will be installed and configured.
> 16 Aruba AP-515
> 2 Aruba AP-377
The AP-515 will be installed in interior office type locations. Locations to be identified by the
City before work begins. The new access points will replace an existing access point and in all
locations will utilize the existing wiring.
Six of the AP-515 will be mounted to the wall, and 10 will be mounted to the ceiling. All
mounting hardware will be provided and installed with the AP.
The two AP-377 will be mounted to the building exterior. Locations to be identified by the City
before work begins. New access point will replace an existing access point and in all locations
will utilize the existing wiring. All mounting hardware will be provided and installed with the
AP.
These AP's are Instant AP's, in that the first one online will automatically become the
controller of the following AP's. These AP's will be controller managed through this process
and overall managed through Aruba Central.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 5
VRN-095889-007
November 7, 2019
1.4 Network Management
A key aspect of the network upgrade project will be the addition of Clearpass and Aruba
Central.
Through Clearpass the City will be able to manage access to their network to as granular a
detail as they may need. The access control services included in this project will provide
typical user access based on their profile settings in Active Directory. More detailed
configuration may require time and services outside the scope of this project.
Management of the physcial network will be accomplished through Aruba Central, a cloud
based management tool that can be accessed from anywhere. An Aruba Central license has
been included for each managed device. These will be setup in Aruba Central, and a basic
up/down monitoring of each device will be pre-configured. The administrative training
provided later will go over how to use Aruba Central in the management and troubleshooting
of the network.
Because of the critical nature of the role of Clearpass in the operation of the network,
VectorUSA is planning multiple detailed meetings with the City in discussing the deployment
options, and the potential risks and benefits of each.
The Clearpass application being proposed is a virtual appliance and will run on a virtual server
provided by the City and made available to the VectorUSA installation team.
The server requirements are as follows:
C1000V (500 Virtual Appliance OVF)
* 8 reserved virtual CPUs
- Underlying CPU is recommended to have a PassMark®
of 3000 or higher
* 8 GB RAM
* Disk space:
- 1000 GB disk space required
* 2 Gigabit virtual switched ports
* Functional IOP rating for a 40-60 read/write profile for 4K
random read/write = 75
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 6
VRN-095889-007
November 7, 2019
1.5 Backup Power
VectorUSA will provide and install a UPS for the Server Room and for each IDF except
Building & Safety as this location has recently recieved a new UPS.
The plan will be to provide an APC 5KVA unit for the Server Room, and a 1500VA UPS for
each of the IDFs.
The UPS to be provided and installed include:
Server Room UPS SRT5KRMXLT-5KTF 1 each
Battery SRT192RMBP 1 each
PDU - 19" AP9563 3 each
IDF UPS UPS SMTL1500RM3UC 6 each
All UPS will be outfitted with the AP9630 Network Management Card and PowerChute
Management software. This will allow the City the ability to remotely view a UPS' status, and
change settings as needed.
The PDU's being provided for the Server Room are 19" rack mounted models each with ten
15A outlets. There will be one per rack. For the IDFs the equipment will plug directly into the
UPS.
The UPS being recommended for the IDF's represents some of APC's newest technology.
These UPS are based on using Lithium ION batteries. The primary benefit is an expected 10
Year battery life, all in a more compact package.
The VectorUSA installation team working around a scheduled maintenance window, will
shutdown and remove the existing UPS and install the new UPS. The UPS will be connected to
line power, and powered on. After completing it's initial bootup and battery check, the load
devices will be plugged in and powered on as well.
The 5KVA UPS for the Server Room will require a 208V 30A circuit with an Nema L6-30P
receptacle.
The 1.5KVA UPS for the IDFs will require a 120V 15A circuit with a Nema 5-15P receptacle.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 7
VRN-095889-007
November 7, 2019
1.6 Other Hardware
In addition to the new hardware and services being provided, the VectorUSA installation team
will also provide and install other accessory hardware as noted below.
Server Room
New 6ft Vertical Panduit Wire Managers
New fiber and copper patch cords
Corporate Yard 2
New TrippLite 8/22U wall mounted rack will be installed. Electircal
power for the new rack will utilize existing or be provided by others.
A new 24 Port CAT6 patch panel will be provided and installed.
Existing data cables that are punched down on wall mounted
Punch Blocks will be transitioned to this patch panel. A 1U
Cable manager will also be provided.
When installing the new hardware patch cords will be replaced where needed. All patch cords
will be dressed into the cable management in order to provide ease of management.
1.7 Rooftop Conduit Run
A new 1" rigid conduit run across the roof is needed due to the existing pathway being
unusable. This pathway will be used to feed two AP drops from IDF-D (PBX room) to two
exterior AP's facing the Civic Center parking lot.
All hardware and 1" fittings will be included. Each AP location will have a single gang weather
proof bell box.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 8
VRN-095889-007
November 7, 2019
1.8 Implementation
The key to the success of this project will be in the planning and preparation tasks all
completed before the first piece of equipment is installed. On the first day of scheduled
equipment installation, the equipment will be staged and ready to go. To complete the
installation work will require a crew of about 2-3 technicians. The supervisor will coordinate
the day's effors directing the work for the crew.
The professional services tasks associated with the ClearPass and Aruba Central systems, will
be getting worked on as the switches are being installed, in order to insure they will be online
and ready to go when the project is complete.
Before any of the hardware is staged for installation, they will be documented and have asset
labels applied. All labeling information, as well as the physical documentation of the
device (i.e. serial number, MAC address if appropriate) will be captured on a spreadsheet.
This information will be provided in the project final documentation. The format, and data to
be captured on this spreadsheet will be discussed and agreed upon by all stakeholders.
As the patch cords are being installed they will be dressed through the available existing
cable management panels, or hooks. For those locations with no existing cable management
hardware, Velcro straps will be used to organize and dress the patch cords.
VectorUSA prides itself on self-sufficient Project Management. This means that we require
very little support from the City. We will need timely access to the buildings, keys and alarm
codes as deemed necessary, and emergency contacts. Weekly meetings, either in person or
via phone, with our team and a City representative help ensure good communication about
needs and schedules. Timely job walks will need to be scheduled for sign-off at each site's
project completion.
As each piece of new hardware has been installed and interconnected, a brief series of tests
will be conducted to verify the expected operation.
After all the hardware has been installed and patched into the network, and all the
programming and configuration work on the ClearPass and Airwave has been completed,
VectorUSA will perform a demonstration of the critical Aruba Central and ClearPass features
on the City's network to the stakeholders as a part of the project sign-off.
2.0 Project Parameters
2.1 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.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 9
VRN-095889-007
November 7, 2019
2.2 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.
2.3 Work Days/Overtime
Project work will be done afterhours with cutovers taking place on Saturday, with next day
support on Monday
2.4 Access
VectorUSA has access to all areas required to perform the proposed scope of work in a timely
manner.
2.5 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.
2.6 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.
2.7 Adequate Room
The client must provide adequate room for the installation of the proposed termination
hardwired at the station and in the communications closets.
2.8 Storage Area
The client will provide a secured storage area inside the building for VectorUSA's materials
and tools.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 10
VRN-095889-007
November 7, 2019
2.9 Office Furniture
VectorUSA is not responsible for disassembling or moving desks or other office furniture in
order to gain proper access to perform work.
2.10 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.
2.11 Patch Cords
VectorUSA is not responsible for providing and installing voice and data patch cables.
2.12 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.
2.13 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.
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 11
VRN-095889-007
November 7, 2019
2.14 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.
2.15 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) 931 1022 Page 12
VRN-095889-007
November 7, 2019
DETAILED PRICING
HPE NETWORK HARDWARE
Quantity Unit Cost Material Labor Total
5412R z12 Switch 1 2,366.70 2,366.70 125.00 2,491.70
5400R 2750W PoE+ ZL2 P S 2 1,337.70 2,675.40 100.00 2,775.40
Aruba 5406R z12 Switch 9 1,117.60 10,058.40 1,125.00 11,183.40
Aruba 5400R 1100W PoE+ z12 PSU 18 568.89 10,240.02 900.00 11,140.02
Aruba 24p 1000BASE-T PoE+ v3 z12 Mod 9 1,666.98 15,002.82 225.00 15,227.82
Aruba 20p PoE+ /4p SFP+ v3 z12 Mod 19 1,852.20 35,191.80 475.00 35,666.80
Aruba 8p 1/2.5/5/XGT PoE+ v3 z12 Mod 10 2,222.64 22,226.40 250.00 22,476.40
Aruba 10G SFP+ to SFP+ 3m DAC Cable 8 66.15 529.20 200.00 729.20
Aruba 10G SFP+ LC SR 300m MMF Transceiver _ 17 480.69 8,171.73 425.00 8,596.73
Sub-Total 106,462.47 3,825.00 110,287.47
HPE WIRLESS HARDWARE
Quantity Unit Cost Material Labor Total
Aruba AP-515 (US) Unified AP 16 507.15 8,114.40 1,200.00 9,314.40
AP-MNT-D AP mount bracket individual D: solid surface 6 15.44 92.64 300.00 392.64
AP-CBL-SERU Console Adapter Cable 2 13.23 26.46 0.00 26.46
AP-MNT-MP1O-D AP mount bracket 10-pack D 1 114.66 114.66 200.00 314.66
Aruba AP-377 (US) Outdoor I lac AP 2 923.90 1,847.80 250.00 2,097.80
AP-270-MNT-H1 AP-270 Series Outdoor AP Hanging or Tilt 2 59.54 119.08 100.00 219.08
Sub-Total 10,315.04 2,050.00 12,365.04
WIRELESS AND NETWORK MANAGEMENT
Quantity Unit Cost Material Labor Total
Aruba ClearPass Guest Custom Skin E-LTU 1 1,984.50 1,984.50 0.00 1,984.50
Aruba ClearPass NL AC 500 CE E-LTU 1 5,733.00 5,733.00 0.00 5,733.00
Aruba 1Y FC 24x7 ClearPass NL AC500CESVC [for 1 964.84 964.84 0.00 964.84
Aruba ClearPass Cx000V VM Appliance E-LTU 1 1,764.00 1,764.00 0.00 1,764.00
Aruba 1Y FC 24x7 ClearPass Cx000V VM SVC [for 1 298.73 298.73 0.00 298.73
Aruba Central Device Management 28 44.10 1,234.80 0.00 1,234.80
Sub-Total 11,979.87 0.00 11,979.87
UPS
Quantity Unit Cost Material Labor Total
APC Smart-UPS SRT 5000VA RM 2008V 1 4,587.13 4,587.13 300.00 4,887.13
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 13
VRN-095889-007
November 7, 2019
Smart-UPS SRT 192V 5kVA and 6kVA RM Battery Pack 1 1,073.44 1,073.44 150.00 1,223.44
Rack mount PDU 3 126.71 380.13 225.00 605.13
APC Smart-UPS Li-Ion, Short Depth 1500VA, 120V with 6 1,528.16 9,168.96 750.00 9,918.96
UPS Network Management Card 7 274.55 1,921.85 350.00 2,271.85
UPS Installation and setup 1 0.00 0.00 3,200.00 3,200.00
Sub-Total 17,131.51 4,975.00 22,106.51
CORP YARD -IDF CLEANUP
Quantity Unit Cost Material Labor Total
24 Port CAT6 Patch Panel w/Cable Management Bar 1 164.40 164.40 250.00 414.40
2 Rack Unit Horizontal Cable Management - 3IN x 3IN Front 1 55.34 55.34 41.67 97.01
CORP YARD
SmartRack 22U, Wall Mount frame 1 159.79 159.79 400.00 559.79
MISCELLANEOUS
Wall mounting hardware 1 81.60 81.60 200.00 281.60
45U Vertical Wire Mananger- Single sided 4 112.90 451.60 266.67 718.27
Sub-Total 912.73 1,158.33 2,071.06
PATCH & LINE CORDS
Quantity Unit Cost Material Labor Total
CAT6 Patch Cord, Blue, 3ft. 300 2.50 750.00 4,000.00 4,750.00
CAT6 Patch Cord, Blue, 5ft. 250 2.88 720.00 3,333.33 4,053.33
CAT6 Patch Cord, Blue, 7ft. 82 3.38 277.16 1,093.33 1,370.49
Single Mode Fiber Patch Cord, LC-LC 2m 24 16.25 390.00 600.00 990.00
Sub-Total 2,137.16 9,026.67 11,163.83
ROOFTOP CONDUIT RUN
Quantity Unit Cost Material Labor Total
1" Rigid Conduit 100 6.00 600.00 0.00 600.00
8x8x6 NEMA 3R No Knockouts 1 45.41 45.41 0.00 45.41
Single Gang Bell Weatherproof Box w/ 1" Hubs 2 23.23 46.46 0.00 46.46
Pipeguard Pipe Support Mini Black 12 15.33 183.96 0.00 183.96
Conduit installation labor 1 0.00 0.00 4,800.00 4,800.00
Sub-Total 875.83 4,800.00 5,675.83
PROFESSIONAL SERVICES
Quantity Unit Cost Material Labor Total
ClearPass Configuration Services 1 0.00 0.00 13,200.00 13,200.00
Aruba Central Configuration Services 1 0,00 0.00 5,180.00 5,180.00
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 14
VRN-095889-007
November 7, 2019
Network Hardware Configuration 1 0.00 0.00 10,360.00 10,360.00
Project Management 1 0.00 0.00 10,360.00 10,360.00
Documentation 1 0.00 0.00 1,560.00 1,560.00
Training 1 0.00 0.00 555.00 555.00
Post Installation Support 1 0.00 0.00 1,480.00 1,480.00
Sub-Total 0.00 42,695.00 42,695.00
Project Sub-Total 149,814.61 68,530.00 218,344.61
Sales Tax 10,818.90
Project Total 229,163.51
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022 Page 15
VRN-095889-007
November 7, 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 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.
FINANCE OPTIONS
Leasing and financing options are available to meet your needs. We can provide programs ranging from
24 months to 60 months on purchases of $100,000 or more. These programs have the flexibility to
include materials, design services, system maintenance, and installation services. These programs can
be tailored to meet both capital financing and operating budget needs. All terms and conditions are only
final upon a successful credit review. An estimated lease payment has been calculated below based on a
60-month term, dollar buy out option. Please contact your Account Executive for more details.
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
Job Total $229,163.51
Monthly Payments as Low as $4,425.00
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 Date
Print Name
Page 16