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2022-18 NetXperts, LLC Bid
NetXperts, LLC 1777 Botelho Drive, Suite 102 Walnut Creek CA 94596 Bid total amount: $175,000.00 Bid Bond included within the bid package Response to: City of La Quinta t0 a Q6 a &CV CALIFORNIA This envelope contains a SEALED BID for: Project No. 2022-18, SIlVerRock Park Venue 1 ii-Fii and Camera Backbone CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: July 26, 2022 @ 10:00 A.M. Attn: City Clerk City of La Quinta 78495 Calle Tampico, Presented by, La Quinta, CA 92253 NETXAL1wr.PER T JINC. A![ ME tf&ff 1777 Botelho Dr #102, Walnut Creek, CA-94596 Ph: (925) 806 - 0800 1 Fax: (925) 806 - 0899 cfze�? CerkTelle LEVI � T E C H NO L O G I E57& Table of Contents CoverLetter.............................................................................................. 3 CompanyOverview.................................................................................... 4 Industry Leading Technology........................................................................ 5 TheNetXperts Advantage............................................................................ 6 Contractor's License Details......................................................................... 7 Seller's Permit........................................................................................... 9 CiscoGold Certified.................................................................................. 11 AuthorizedNetwork Installer..................................................................... 13 SampleInsurance.................................................................................... 15 CustomerReferences................................................................................. 17 KeyPersonnel......................................................................................... 23 NetXOrg Chart ..........................................................................,.............. 29 Required Bid Documents........................................................................... 31 NetXPricing Quote.................................................................................... 81 Confidential 2 1 P a g e 0 2020 NetXperts, Inc NET PERTS,,c NETPERTS,NC. Ali Alt7. tit fill TIME July 22, 2022 City of La Quinta Attention: Monika Radeva 78495 Calle Tampico, La Quinta, CA 92253 NetXperts, Inc. 1777 Boteiho Drive, Suite 102 Walnut Creek, CA 94596 Re: Project No. 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone NetXperts, Inc. received the request for proposal and has read, fully understands, and will comply with all City ordinances and policies outlined in Project number 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone RFP due Tuesday, July 26th 2022. NetXperts agrees to the terms and conditions set forth in the bid documents for this opportunity. NetXperts meets all qualifications and has been doing similar work for our customers for over 20 years and are a certified csco gold partner. NetXperts will align with City of La Quinta to connect the Alongi Building at the SilverRock Venue Park to the City of La Quinta's fiber optic communications at the northwest corner of SilverRock (Talus Way) and Avenue 52. The project will include replacing existing signal interconnect cable with fiber optic cable inside existing conduit; installing new fiber optic cable and conduit; and provide new communication equipment. NetXperts offers 90-day post installation support after the project has been completed and 1-year warranty against defects in workmanship. • NetXperts Cisco/Meraki CMAS Contract# 3-17-70-06225 • NetXperts SPIN#143031867 • NetXperts FRN# 0008302077 NetXperts Seller's Permit is #SR-CHA-97-517755 • NetXperts California Contractor's License C-7 and C-10 license, #869161 • NetXperts meets all prevailing wage requirements; our DIR Registration is#1000003207 We are happy to answer any questions regarding our proposal. We look forward to the opportunity to serve as a trusted technical advisor and partner. Sincerely, Gary Nordine, CEO — NetXperts, Inc. P: (925) 806-0800, Ext. 144 gnordine@netxperts.com Confidential 3 1 P a g e 0 2022 NetXperts, Inc NEr PfRTS!w. NETXPERTS INC. All MEL AU THE TWE NetX-pad Overview NetXperts, Inc. 1777 Botelho [give, Suite 102 Walnut Creek, CA 94596 Since 1996, NetXperts' team of Certified Professionals have developed and consulted to a wide host of clients on the West Coast ranging from schools, state and local governments, libraries, airports, hospitals, and Fortune 500 companies. NetXperts employs over 75 full time employees, most of which are Senior Certified Network Engineers. Our headquarters is located at 1777 Botelho Drive, Ste 102, CA 94596 and with our branch office located in Ontario, California we are capable of providing 24- hour response times for our customers. NetXperts is an "S" Corporation within the State of California and carries both C-7 and C-10 Contractor's Licenses. NetXperts, is a Cisco Gold Certified Partner that has built a reputation as a leader in network solutions and we have a large team of experienced professionals to deliver success for our clients. Some specific areas of our expertise include: Internet of Things • Software Defined Networks • Enterprise Routing & Switching • Wireless LAN Design • Low Voltage Cabling • Fiber Optics Unified Communications, WebEx & Video Conferencing • Security and Threat Defense • Data Center Design and Configuration • Video Surveillance & Distribution • Core Infrastructure Design and Implementation • Managed Services/Network Support High Exposure Projects NetXperts is known for our ability to provide affordable turnkey solutions. We have completed high end projects in San Francisco and multiple government and school districts in California. Some examples of projects that we're currently working on or have recently completed include: • San Francisco Airport • Salesforce Transit Center City of Fullerton • City of Palmdale • Tahoe Truckee USD • Temple City USD • City of Murrieta • Los Angeles USD • Rancho Mirage Library Confidential 4 1 P a g e 0 2022 NetXperts, Inc NET PERTS�Nc. NET�PER TS,Nc. �JI V(I. A11 rife 71ME Industry Leading Technology NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 NetXperts is a leader in high technology solutions and one of few companies capable of offering a full spectrum of products, systems, and support services that help customers achieve their business goals. As a full -service integrator, we provide a single point of contact for turnkey technology solutions. • Procurement: NetXperts holds partnerships agreements with many leading technology and distribution partners. This gives us access to wide range of technology solutions at a competitive price with unmatched availability. • Professional Services: We combine the industry's finest technology solutions with virtually unmatched senior level technical expertise and support, through every stage of your project to include; planning, design, project plan, staging, implementation, testing, documentation, and long-term maintenance. • Network Operations Center and Security Operations Center: Our post - deployment 24x7x365 services enable our customers to reduce operational costs, increase overall uptime & productivity and enjoy peace of mind knowing you are supported by the best in the Industry. NetXperts' 24x7x365 NOC/SOC allows us to identify and handle issues within minutes, allowing our engineers to be onsite within 30 minutes upon dispatch. As a Cisco Gold Partner for 22 years, we are given unlimited resources by the manufacturer that will benefit our valued customers day to day. On -site Services: NetXperts has engineers located in various locations throughout the state of California that can be deployed to provide on -site services as requested. These resources can provide assistance with pre and post projects, hardware replacement, software replacement and/or to assist with break/fix issues than cannot be resolved remotely. Local Presence for NetXperts Customers NetXperts' headquarters is located in Walnut Creek, California and has offices in both Ontario, CA and San Francisco. This local presence allows us to offer our customers the fastest response with our ability to be on -site for same day service. OWL Confidential 5 1 P a g e © 2022 NetXperts, Inc NETxPERTS!w. rr (+ NetXperts, Inc. Af 1 rL ■ YPERTJ INC. 1777 Botelhn Drive, Suite 102 """''"""`!'MF Walnut Creek, CA 94596 The NetXperts Advantage Gary Nordine's business philosophy as CEO of NetXperts has always been to stay ahead of the Industry by having all of his engineers constantly learning, training, and obtaining the most current industry certifications. This keep NetXperts engineers up to date with new equipment and best practice procedures. • Cisco Gold Certification: NetXperts is known as the Cisco "Go To" Senior Partner when it comes to complex Wireless LAN design and deployments. NetXperts' full time Routing/Switching & Data Center Certified Engineers are known as being the best in the industry, providing turnkey robust designs and providing "clean up", correcting problem deployments. With 5 Cisco CCIE's on staff, we can provide the best design and build short- and long-term technical standards with our customers. As a valued Technical Advisor, NetXperts has designed, deployed, and managed over 3000 sites in California. • Customer Service Excellence: NetXperts received the Customer Service Award from Cisco due to our ability to solve critical customer issues the same day. NetXperts is dedicated to every customer to meet and exceed the expectations for high-level customer service. e Dedicated Project Manager: Upon award, NetXperts shall provide a dedicated senior level Project Manager (PM), which oversees the project plan and Statement of Work (SOW), and adheres to the project schedule and delivery schedule for the district. The PM will be the single point -of -contact during the contract, which will streamline communications and provide quick response to the needs of the customer. The NetXperts PM will work daily with the assigned customer's staff to meet and exceed your expectations. See below for the contact information of the Project manager that will be assigned to you. Eric Gutierrez Project Manager Office: (925) 806-0800 x302 99utierrez_CdNetXDerLs,com • Project Approach: Our approach follow industry standard PPDIOO, Prepare, Plan, Design, Implement, Operate and Optimize. We firmly believe that preparation and planning make any challenges that come up during the project are just speed bumps on the way to a successful project. We also firmly believe that preparation and planning minimize any change orders, this leads to higher customer satisfaction. And most importantly we believe in the simple philosophy that the Customer Comes First! Confidential 6 1 P a g e © 2022 NetXperts, Inc NET PfgTS,N�. NET�PER TS ANC. Aif .NEI. Af! Tiff TIME NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 NETxffqTS1NC, THE TIME Contractor's License Details Confidential 7 1 P a g e © 2022 NetXperts, Inc NET AfRTS!,c Home I Online Services I License Details HPA, CONTRACTORS STATE LICENSE BOARD tfL�' .. QContractor's License Detail for License # 869161 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. s CSLficomplalntdlsclosure is restricted bylaw(B&P 7124.6) If this entity is subject to public amplalntdlsclosure click on link that wlllappear below for more Information. Click here for a definition ofdisclosable actions. . Only construction related clvlljudgments reported to CSLB are disclosed (UP 7071.17). . Arbitrations are not listed unless the contractor fails to am ply with the terms. ► Due to workload, there may be relevant Information that has not yet been entered Into the board's license database. Data current as of 3/18/202212:26:43 PM Business Information NETXPERTSINC 1777 BOTELHO DR STE 102 WALNUT CREEK, CA 94596 Business Phone Number:(925i 806-0800 Entity Corporation Issue Data 12/12/2005 Expire Date 12/31/2023 This license Is current and active. All Information botow sWiTif be reviewed. Classifications ► C-7-LOW VOLTAGE SYSTEMS ► C10-ELECTRICAL Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number. 14769419 Bond Amount- $15,000 Effective Data: 01/01/2016 Contractor's Bond History Oland or Qll a l l Eying Indiv Idunl The qualifying individual GARY EDWARD NORDINE certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Daft: 12/12/2005 Workers' Compensation This license has workers compensation insurance with the BERKLEY NATIONAL INSURANCE COMPANY Policy Numbar.TWC700469416 Effective Data: 07/01/2020 Expire Data: 07/01/2022 Workers' Compensation History Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification CopyrightO 2022 State of California NET ffgTS,NC AtL Nil, ALA 1111 TOME NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 1N Cs ALL NETfqTs THE TIME Seller's Permit Confidential 9 1 P a g e © 2022 NetXperts, Inc NET AERTS!w. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CAUFORNIA STATE BOARD OF EQUAL17A IOH SELLER'S PERMIT ACCOUPIT l`IUMBEA 4/1/1999 SR CH 97-517755 NETEXPERTS INC. 1777 BOTELHO DR STE 102 WALNUT CREEK, CA 94596-5086 L J IS HEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS. THIS PERMIT IS VAUD UNTIL REVOKED OR CANCELED AND IS ,NOTTRANSFERA8LE. IF YOU SELL YOUR BUSINESS OR DROPOUT OF .A PARTNERSHIP, NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS. NOTICE TO PER10ITT EE You are Iequired to obey all Federal and State laiyr that egulMe a' Conbnl your business, This pennit does not allov% you to do othen'vise. +riot !valid ar any r, it per audrass For general tax questions, please call our Customer Service Center at 1-800-400-7115 (TTY:711). For information on your rights, contact the Taxpayers' Rights Advocate office at 1-888-324-2798 or 1.916-324-2798. BOE-442-R REV, 16 (11-14) A MESSAGE TO OUR NEW PERMIT HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help: • Visiting our website at v+,1;vw.boe.ca.gov • Visiting a field office • Attending a Basic Sales and Use Tax Law class offered at one of our field offices • Sending your questions in writing to any one Of our offices • Calling our toll -free CUStomer Service Center at 1-800-400-7115 (TTY:711) As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. You also have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely You have the right to be treated in a fair and equitable manner by the employees of the California State Board of Equalization (BOE) • You are responsible for following the regulations set forth by the BOE As a seller, you are expected to maintain the normal books and records of a prudent businessperson, YOU are regUired to maintain these books and records for no less than fOLIr years, and make them available for inspection by a BIDE representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a BOE office, or giving it to a BOE representative, If you WOUld like to know more about your rights as a taxpayer, or if you ar9 unable to resolve an issue with the BOE, please contact the Taxpayers' Rights Advocate office for help by calling toll -free, 1-888-324-2798 or 1-916-324-2798, Their fax num.beris 1-916-323-3319. Please post this permit at the address for which it was issued and at a location visible to your customers, CALIFORNIA STATE BOARD OF EQUALIZATION Sales and Use Tax Department NETXffgTSINC All. h'E f. All feel ilAtE NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 INC. ALL NETfqTS THE TIME Cisco Gold Certified Confidential 111 Page © 2022 NetXperts, Inc NET ffgTSf,, NETXPER TS 1NC. gee vc�. tir.� rrrc rrMF Cisco LETTER FOR CHANNEL PURCHASING Date: July 22, 2022 To: City of La Quinta NetXperts, Inc. 1777 Boteiho Drive, Suite 102 Walnut Creek, CA 94596 Re: Project No. 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone Cisco Systems, Inc. ("Cisco") hereby confirms that, as of the date of this letter, NetXperts, Inc. is a Gold certified Cisco channel partner and that Cisco and NetXperts, Inc. have entered into an agreement for the purchase and resale of Cisco Products and/or Services (the "Agreement"). This means that NetXperts, Inc. has complied with the Cisco certification procedure and is duly authorized to purchase and resell Cisco products in USA as well as negotiate the terms and conditions of support and maintenance services on Cisco products, including warranties, in accordance with the terms and conditions of such Agreement. Please note that the present confirmation is not permanent, and that the status of Cisco's authorized channel is reviewed on a regular basis. This information is accurate as of the date appearing at the top of this certificate. If you need any additional information, please do not hesitate to contact Ashraf Shams at 909 496 7505. Phil Lozano, Director, Finance Cisco Systems, Inc. Confidential 12 1 P a g e © 2022 NetXperts, Inc NETXPfRTSrNc. NE TXPER TS,NC. aei xrr, hat 1*0 r1.11e NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 1NC* ALL NETfqTS THE TIME Authorized Network Installer Confidential 13 1 P a g e 0 2022 NetXperts, Inc NET fgjT 'N. LEVITON Authorized Network Installer Leviton Authorized Network Installer Certification NetXperts, Inc. - Walnut creek, CA Has met Leviton's Certification Program selection criteria and has successfully completed the program certification requirements. Therefore, NetXperts, Inc. is hereby certified as a Leviton Authorized Network Installer. Installations performed by NetXperts, Inc. that are compliant with TIA/EIA and/or ISO requirements are eligible to receive Leviton Network Solutions Extended Product and Performance System Limited Warranties. NeMperts, Inc. has agreed to conform to all Leviton specified, TIA/EIA and/or ISO compliant installation practices in force at the time of installation. In addition, NetXperts, Inc. agrees to install Leviton approved products and category compliant cabling in compliance with program policies and related industry standards. TIA/568 Series and ISO standards compliant links and channels are covered under Leviton Network Solutions Extended Product and Performance Warranties when installed by Authorized Network Installers. Leviton approved cable manufacturers must be used to obtain system warranties. NetXperts, Inc. agrees to adhere to the Terms & Conditions of Leviton Network Solutions certified contractor program, and the Terms & Conditions of the programs Extended Product and Performance System Limited Warranties for the duration of their participation in the program. In no event shall Leviton be liable for special, indirect, incidental, consequential or punitive damages (regardless of the form of action, whether in contract or in tort, including negligence, gross negligence and strict liability), including, without limitation, lost profits, lost revenue, loss of data, technology, rights or services, interruption of business, costs of procurement of substitute products or other economic damage arising from the failure of a system installed by a Leviton certified contractor. 0002914 3/12/2013 Certification Number Asef Baddar, RCDD, DCD Certification Programs Manager Certified Installer Since 12/31/2023 Expiration Date NETXPER TS INC. gee . rr. nii IM 11M[ NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 NET INC. XfALLNET, ALL THE TIME Sample Insurance Confidential 15 1 P a g e 0 2022 NetXperts, Inc NET ffgTS,, - Client#: 1521798 NETXPINC ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER N E Melinda Gong _ USI Insurance Services, LLC PHONE. . Ext :628 201-9010 qIC N, 201 Mission St 11th FIE -MAIL an San Francisco, CA 94105 ADDRESS: melinda. g g@usi.com INSURERS AFFORDING COVERAGE NAIC # 628 201-9001 INSURER A: StarNet Insurance Company 40045 INSURED B AA N ti 11 38 1 NetXperts, Inc. 1777 Botelho Drive, Ste 102 Walnut Creek, CA 94596-8522 INSURER B: a By a ona nsurance Company 9 1 INSURER C : Hiscox Insurance Company Inc 10200 INSURER D ; Lloyd's of London NONA INSURER E : Navigators Specialty Insurance Co. 136056 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER_ THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACTOR THE INSURANCE AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED THE INSURED OTHER DOCUMENT DESCRIBED BY PAID CLAIMS. NAMED ABOVE FOR THE WITH RESPECT HEREIN IS SUBJECT TO POLICY PERIOD TO WHICH THIS ALL THE TERMS, INSR LTR SUER ( POLICYEFF D POLICY NUMBER TYPE OF INSURANCE ADDL IP�CY LIMITS X1 _ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR 07/01/2021 OCCURRENCE $1 OOO OOO A TCP700469316 07/01/2020 PEACH R MI N aE rles 41,000,000 MED EXP (Any one rson) $15,000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECTT C LOC GENERAL AGGREGATE $2 000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY X ANYAUTO TCP700469316 07/01/2020 A 07/01/2021 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ AUNED CHED TOS ONLY AUTOSULED X AUTOS ONLY X AUT S ONLDY BODILY INJURY (Per accident) $ PROPERTY DAMAGE ParBERTY $ B TUL700469516 )7/01/2020 X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 07/01/2021 EACH OCCURRENCE $10 000,000 AGGREGATE $1 O 000 000 DED RETENTION $ $ TWC700469416 D7/01/2020 UC2227878720 37/01/2020 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYEg OFFICERIMEMBER EXCCLLUDE�XECUTIVE� (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 07/01/2021 X PER OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1 000 000 C Crime 07/01/2021 1,000,000 D E&O/Cyber TRICE01364 )7/01/2020 07/01/2021 5,000,000 E Pollution SF20ECPZOSA681C )5/16/2020 05/16/2021 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palmdale, Palmdale Community Redevelopment Agency, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured as it relates to General Liability and Commercial Automobile. Umbrella follows form. As required by written contract or written agreement. A waiver of subrogation is in effect on the General Liability, Commercial Automobile and Workers' Compensation policies. Thirty (30) days written (See Attached Descriptions) l.tH I IrII.H I t_ t-PULUIYH CANCELLATION Sample Insurance Document Insurance will be provided before the start of any project. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE nc'"MR.9mr, ArnRn rORPnRATInN All rInhf. —an.. 4 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S30194787/M30193243 TYRZP NC TY,�f� LR T�7INC. Mt Nff. At$ W1 LIME NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 INC, TS NLcTXf NTT, Ali! THE TIME Customer References Confidential 17 1 Page © 2022 NetXperts, Inc IVETXPTRTStNc. 'IVE ERTS ,Nc All Net, All the Time ■■ ■9N■E■N■ ■■■NE■■N■■N■ MEN E EN mom NONE ■■■ City of West Hollywood California 1984 NetXperts Inc. 1777 Botelho Drive Suite 102 Walnut Creek, CA 94596 925-806-0800 Organization: City of West Hollywood Industry: City Government Contact: Deryck Santos DSantos@weho.org 323.848.6477 Contract/Project Value: Year: 2022-2023 $1,000,000 Market Served: City Government Entertainment Industry: Technology:Wireless, LAN, Fiber O tics OEM/Partner: Meraki/Cisco Results: Fiber and Wireless Network Infrastructure Expansion and Network Managed Services. NetXperts pervaded a turnkey migration of the City of West Hollywood's aging twisted pair traffic signal network onto the existing fiber optic cable backbone as well as the expansion of best -effort outdoor public Wi-Fi network. The goal was to migrate the existing traffic network infrastructure from serial copper onto an existing fiber optic network infrastructure. The first phase of this project includes the entire length of Santa Monica Blvd within City limits (see Map A - SMB Traffic Signals with Fiber). There are 26 traffic cabinets along Santa Monica Blvd., all of which have existing four strands of single -mode fiber cables homerun connections to City Hall datacenter. NetXperts was responsible for designing, procuring, installing, and configuring a futureproof network that will connect all 26 traffic cabinets to the City's existing network in a way that will allow the city to safely run a public Wi-Fi network, as well as provide connectivity for city applications such as traffic management network, IP cameras, and other Smart City technologies in the future. NetXperts also provides managed services via a contract with the City, for all equipment provided as well as the existing equipment. Telephone 925-806-0800 ■ Fax 925-806-0899 • www.netxperts.com ! ■EJ PERT3 NetXperts, Inc. f INC. 17'77 Botelho Drive, Sure 102 ,l, NET. Ali ME I)ME Walnut Creek, CA 94596 Organization: Eastern Municipal Water District Industry: Water Market / Utility em Contact: Michael Wayment waymentm@emwd.org (951) 928-3777 x4317 Contract/Project Value: Year: 2021 $250,000 Market Served: Water/Utility/Public Works City Government Technology: Network Infrastructure OEN"artner: LevitonBerk-Tek Results: Network and Voice Cabling Installation Services NetXperts provides Infrastructure services consisting of data and phone cabling installation services for desktop computers, phones, cameras, access points, network equipment, printers, fax machines, computer servers and equipment within and throughout Eastern Municipal Water District facilities. NetXperts works closely with EMWD staff to design and install custom solutions for any and all infrastructure and Network related issues or upgrades. Telephone 925-806-0800 - Fax 925-806-0899 * www.netxperts.com NETYPFR TS,N�. Are Nll, Ali rill rIA4E NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 O� FU4. Organization: City of Fullerton Industry: City, Government 4 Contact: Kenneth Homsley u x kenneth.homsley@cityoffullerton.com c'14►ii.0%q Contract/Project Value: Year: 2020 $215,000 Market Served: City / Government Technology: Wireless, Cisco, Meraki, Aruba OEN"artner: Cisco Results: The City of Fullerton was looking to add a new wireless network to their public Library to provide connectivity to their patrons. NetXperts completed a wireless predictive site survey to determine the best locations access point installation. NetXperts then run the new cables to the ideal locations and the access points where then installed and configured. NetXperts then completed an onsite survey to check to any gaps in coverage. This survey was done to see if more access points should be added or moved for full coverage and maximum performance. Wireless Predictive Survey & Site Survey Heatmaps for both 2.4 GHz and 5 GHz Upgrade and installed new CAT6a infrastructure Provided, installed and configured New Switches & New Wireless Access Points The City of Fullerton additionally requested NetXperts to do wireless surveys at the Police department and City Hall buildings to provide an optimal quantities and placement of access points. NetXperts provided wireless surveys, equipment and installation/configuration services for various infrastructure upgrades for the City of Fullerton. Telephone 925-806-0800 ■ Fax 925-806-0899 ° www.netxperts.com I ETX f ERTS.C. A+i NrF. Axe vsr rOMe NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 Organization: City of Palmdale Industry: City Government Contact: Stuart Thompson sthompson@cityofpalmdale.org (661) 267-5566 Contract/Project Value: Year: 2019 and Phase 2 in 2020 $550,000 Market Served: City Government Technology: Wireless, LAN Security OEM/Partner: Cisco / Meraki Results: This project was to provide the City of Palmdale with new network hardware and installation services to refresh their existing network LAN. The network refresh consisted of a Cisco solution for all the City buildings on contract. The scope of services included: project planning, purchasing and providing required equipment (switches, optics, and media converters), staging of the equipment, testing, configuration, and installation of Cisco switching hardware. NetXperts implemented and configured the new hardware and software for all hardware required on this project. The services and goods we provided included: network switches, related software, installation, setup, training, and manufacturer's bundled warranty. The hardware and ancillary software had to operate as a managed mesh to be able to self -optimize performance, detect rogue access points, and provide comprehensive status and statistical reporting to a centralized PC based management console. Telephone 925-806-0800 • Fax 925-806-0899 - www.netxperts.com NET�PERTs,NC. An A11Y. ALl rM MIE Organization: Industry: TAHOE*TRUCKEE Contact: UNIFIED SCHOOL DISTRICT PATHWAYS TO POSSIBILITIES AND STUDENT SUCCESS NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 Tahoe Truckee USD E-RATE YEAR 23 Sergiu Balint sbalint@ttusd.org 530- 582 2595 x20531 Contract/Project Value: Year: E-RATE YEAR 23 (2020) $430,000.00 Market Served: SLED Technology: Network- District WiFi Upgrade OEMIPartner: Cisco Results: The Tahoe Truckee School District needed to upgrade their existing Cisco wireless data network. NetXperts, Inc, was contracted by the District for the removal of their legacy wireless access points/controllers and install/configure a current generation solution. NetXperts installed and configured two (2) Cisco 9800 series controller's set up for high availability and 365 wireless access points spanning 10 school sites. NetXperts successfully completed all programming, configuration, testing, labeling and documentation. All removed equipment was returned to the district. Equipment Installed (2) C9800 Series Controllers (4) 1OG-SR SFP Connectors (356) C9100 Series Access Points (Interior and Exterior Models) (9) 1562 Outdoor MESH Access Points All copper and fiber patch cords required to complete all connections. This project met all business requirements of school district and was completed successfully on time. Telephone 925-806-0800 r Fox 925-806-0899 . www.netxperts.com NETYPERTSiNc. ,OF IL AA NEE. Afi TM rFAFE NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 NFTXffqTS1NC' THE LIME Key Personnel Confidential 23 1 P a g e 0 2022 NetXperts, Inc NET f fRTSm- N(� NetXperts, Inc. E� aP��T.7 INC. 1777 Botelho Drive, Suite 102 etc vir. A„ mi rmE Walnut Creek, CA 94596 Victor Geisler - NetXperts PMO Director - vgeisler@netxperts.com EXPERIENCE NEP •RTS C JAN. 2019 —PRESENT RII NO, All the Yme PROJECT MANAGEMENT OFFICE DIRECTOR Responsible for prioritizing, assigning, and executing Project Management Office portfolio of projects. Manage portfolio resources, including personnel. Set policies, procedures and best practices for the PMO. Manage scope, scale, budget, procurement, schedule and risk relative to project and program baselines. Leverage PMP, Agile, and Six Sigma methodologies. SEP. 2018 —JAN. 2019 SENIOR PROJECT MANAGER Initiating, Planning, Executing, Monitoring / Controlling, and Closing multimillion -dollar projects. Responsible for Hardware & Materials procurement; Design and Installation oversight (Smart Classrooms; WAPs; Switches; Cabling; Data / Phone data drops; etc.); Networking; Firewalls; Budgeting and Change Orders; Milestone & Retention Sign -offs / Payouts; Resource Scheduling and Managing; RFPs; RFIs; Bill of Materials and Bid preparation. ABM FEB. 2015 —JAN. 2018 emidiq v ie,. ENTERPRISE APPLICATION MANAGER / PROJECT MANAGER, ABM INDUSTRIES In a highly projectized M&A environment, I led a diverse, 'end to end' national IT application support team (GA; TX; KY; AL), including analysts, administrators, developers, and architects. Executed various application enhancement, process -improvement / streamlining, integration, and migration projects within Procure -to -Pay, Contract Management (JAVA), and .Net spaces, with integrations into 1DE 9.1. Prospected and executed cloud Procure -to -Pay ($1M project; covering $700M procurement spend) and Oracle Contract Management ($2M project) solutions, replacing'on-prem' applications. Enacted Six Sigma principles to enhance system and business processes, eliminating waste. Worked with stakeholders to reengineer processes. Reduced infrastructure and development footprints. Used Project Server; MS Project; Jira; Confluence; CompuCom. EDUCATION M.S., INDUSTRIAL AND ORGANIZATIONAL PSYCHOLOGY, SAN FRANCISCO STATE UN IV. B.S., PSYCHOLOGY, UC DAVIS. Graduated Summa Cum Laude / Highest Honors. ACTIVE PROFESSIONAL CERTIFICATIONS PMP (2012) MPM (2013) CSSYB / Six Sigma Yellow Belt (2016) CSM (2015) Pi 'A1: a. P IM ASQ o,:: SCIIr7umy P'ROI CI I' MANAOI \II \I � np rn .,.i i.• ..Alliaf ice` Walnut Creek, CA - San Francisco, CA . Ontario, CA - Santa Monica, CA NETPERTS ,NC. Ar IL All NEV. All ME lIAIE Eric Gutierrez — NetXperts Project Manager — egutierrez@netxperts.com SUMMARY OF EXPERIENCE A Project Manager with over 7 years of IT integration experience, Layers one through seven green field and brown field implementations. Work experience in the following areas of Networking, Data Communications Network Equipment, Data Communications Network Access Control & Firewalls, Data Communications Network Services and Management Systems, Wireless Local Area Network, Server Virtualization, Data Communication Software, Voice Communications Telephony System, Software Applications. Specialize in wireless design and implementations with Cisco, Aruba, Aerohive, Advanced Wireless solutions. RTLS solutions CERTIFICATIONS 2019 — Leviton Cabling Systems 2018 — OSHA Safety Orientation 2018 — Asbestos 2018 — EPA Renovator Certification 2016 — Aerohive wireless 2016 — Ekahau Site Survey 2017 — Stanley RTLS Solutions PROJECT ACCOMPLISHMENTS • Transbay Transit Center— (Data Communications implementation; 24 months; $5.5M Project) • Coalinga State Hospital — (Personal Duress Alarm System testing and implementation; 15 months; $11 M Project) • Patton State Hospital — (Personal Duress Alarm System testing and implementation; 18 months; $12M Project) • Downey USD — (network and wireless infrastructure upgrade; 18 months; $4M project) • Laguna Honda (RTLS Solution 24 months + Service Contract) • Porterville DGS (RTLS Solution) - Central Sanitation (Data Communications implementation) • Greek Theater (Data Communications implementation + Access Point Installation) • City of Murrieta (Data Communications implementation + Structured Cabling) • Downey Unified School District (Data Communications implementation + Structured Cabling) • Temple City Unified School District (Data Communications implementation + Structured Cabling) • City of Rancho Mirage (Data Communications implementation + Structured Cabling) • Riverside Transit (Data Communications implementation + Structured Cabling) • Valle Lindo Unified School District (Data Communications implementation + Structured Cabling) • San Diego Unified School District (Data Communications implementation) Walnut Creek, CA • San Francisco, CA • Ontario, CA . Santa Monica, CA 'X — 1777 Botelho Drive Ef�TS 1NC'. Suite 102 All Net All the Time Walnut Creek, CA 94596 SACHIN R. Senior Engineer - Routing & Switching; Security PROFESSIONAL CERTIFICATES • CISCO: (CSCO13221028) CCNP: Enterprise R&S; SecurityCCIE: Security (in process) • JUNIPER: (JPR00285701)-JNCIA-Junos, JNCDA-Design • FORTINET: (FORT060939)- NSE1, NSE2, NSE4 • PALO ALTO: (PAN00190234)- PCCSA (Cyber Security Associate), PCNSA (Network Security Admin) • MICROSOFT: (MCID-14544737)-MTA-ServerAdministrator TECHNICAL SKILLS • Programming & Scripting: Python, UNIX Shell. • L2 Switches: Catalyst 2960, 3650, 3850, 4500E, 9000; Meraki MS250, MS350, Juniper EX 4300 Series, QFX5100. • L3 Switches: Catalyst 3850, 4500-X, 6800, 9500 Series, Juniper MX Series. • Data Center Switches: Nexus 7000 Series, 5000 Series, 2000 Series FEXs, 9000 Series. • Industrial Ethernet Switches: IE5000, IE4000 Series, EX2300C. • Routers: Cisco ISRs, Juniper MX Series. • Networking Software System: IOS, IOS-XE, IOS-XR, and NX-OS. • Wireless LAN Controllers: 5508, 5520, 8540, 9800 Series. • Access Points: Aironet 1815, 2800, 3700, 3800, 1560,1570, 9000 Series. • SDN Controllers: ACI-APIC, APIC-EM, DNAC. • Security: ISE, Stealth Watch, Umbrella, NGFW/NGIPS. • Management Tools: Wireshark, Solar Winds, Prime, FMC, SMC, InfoBlox, Riverbed Steel Central, IXIA Vision Edge Series. • IP Routing: TCP/IPv4/IPv6, EIGRP, OSPF, BGP, ISIS; MPLS: L2VPN, L3VPN, VPLS, VRF-Lite, MP-BGP • LAN Switching: Ethernet 802.3, 802.1q VLAN, ARP, STP, LACP, PAGP, HSRP, VRRP, GLBP, DHCP. • WAN Technologies: PPP, PPPoE, GRE, DMVPN, IPsec. • Multicast Protocols: PIM-SM/DM. • Other Technologies: Traffic filters, NAT, PAT, LISP, VxLAN, DNS, FTP, TFTP, PBR. PROFESSIONAL EXPERIENCE Senior Network Engineer I NetXperts, Inc. May 2017-Present • Support Internal and Customer Networks, predominantly end -to -end. Evaluate Changes, Schedule and execute changes,investigate problems to ascertain full Root Cause Analysis (RCA). • Develop and maintain the necessary skills to maintain operational integrity of internal and customer networks. • Ensure action taken to meet or exceed agreed operating objectives and goals. • Work to challenging SLA targets and take technical lead responsibility on one or more customer networks, maintaining aninterest in the ultimate resolution of an incident and the successful outcome of changes. • Optimizing VMware for utilization of NAS storage and experience in configuring VMware clusters for ease ofmanagement, support of data bases, UNIX, and Windows OS. • Apply knowledge, skills, and abilities to support design, PoC, PoV, staging and config, and implementation of solutions. • Some of the projects which I have worked on are as below. San Francisco Airport —Terminall Project (Ongoing): ■ Primary Lead Engineer focusing on end -to -end network infrastructure including routing, switching, security,wireless, voice, monitoring etc. • Provided Design consideration and architectural support to best meet their new infrastructure. ■ Configured and troubleshot Juniper access layer EX4300 series Ethernet and fiber switches, EX2300 series rugged ized switches and distribution routers MX480s with distribution switch QFX5100 in Fusion mode. ■ Configured Aruba indoor 335 series and outdoor 270 series APs along with 7240XM Aruba Controller. ■ Configured and implemented Riverbed 8170s and IXA E40s to provide Network Insights/Monitoring Support. • Provide configuration and Vendor support to integrate Building Managements systems (BMS) and Energymanagement Systems (EMS). Configure and support EVIDS (FIDS, GIDS, RIDS, BIDS) and PBBs per Customer and Vendor requirements. Worked on SCADA networks to configure and troubleshoot BACnets and Modbus; also secure them withRuggedized PAN PA-220R. • Worked and provided support on CobraNet Paging for time sensitive, low latency digital audio throughout theairport. ■ Provided HLDs/LLDs detailing information about their new terminal infrastructure. San Jose Mineta International Airport - Engineer focusing on end -to -end network infrastructure including routing, switching, security,wireless, voice, monitoring etc. ■ Provided Design consideration and architectural support to best meet their new infrastructure. ■ Configured and troubleshot Juniper access layer and fiber switches, ruggedized switches and distribution routers and switches. • Configured indoor and outdoor APs, and controller. ■ Provided HLDs/LLDs. Salesforce Transit Center, San Francisco (Ongoing): ■ Secondary Network Infrastructure/Consultant focusing and managing all aspects of the IT department, overseelT operations and Projects. • Provide technical direction and frameworks to meet business needs. • Interpret business requirements into technical network solutions framework. • Designed and implemented IT security policies. ■ Worked with management and various departments to develop procedures and troubleshoot problems. ■ Actively Supporting and Maintaining their entire terminal network infrastructure. Pittsburg Unified School District (Ongoing): Primary Lead Engineer focusing on LAN infrastructure which consists of configuring Cisco 3850, Meraki MS335saccess layer switches and Cisco 4500-X, MS425s aggregation layer switches and ISR 4K series. ■ Configured appropriate QoS to support high availability of the system for voice over data. Configured Valcom-Paging systems to meet the School Emergency system requirements. • Configured Indoor 3702 APs and Outdoor 1562 APs controlled by Cisco 5508 WLC. Identified and Troubleshot multicast, L3 routing issues, Dell SC4020 Network attached storage issue andVMware vSphere 5.5 issue to ensure reliable resilient network. • Providing onsite & offsite support to maintain & manage their network infrastructure to meet 99.99% SLA. ■ Configured and Provided support for the Schools BMS, EMS and CCTV Infrastructure. ■ Actively Supporting and Maintaining their entire school district network infrastructure. Truckee Tahoe Unified School District: ■ Lead Engineer focusing on WLAN Infrastructure. ■ Migrated their Existing 5508 WLC to new 9800 IOS-XE based WLC by configuring necessary WLAN, RF, Site tagsand Security profiles. ■ Configured Indoor and outdoor 9130 APs and 1562s as Mesh/Bridging. Also converted their few sites into Flexconnect by configuring appropriate Flex profiles. (Laguna Honda Hospital - Department of Public Health San Francisco: Primary Lead Engineer focusing on Wireless network infrastructure. • Configured and troubleshot Indoor 1252, 1142, 3702, 3802 series Cisco APs. ■ Troubleshot and provided migration path to convert WCS to Prime. Configured Prime to support old WiSMs andnew 5520 WLC, also configured it to support MSE in HA. • Troubleshot and provided migration path to move APs from WiSMs to new 5520 WLC. Configured all the APs tomove over to new WLC to minimize the impact of downtime on the production network. • Configured, troubleshot, and tested cisco 5520 WLC in High Availability. • Troubleshoot and provided migration path to convert hardware based MSE to Virtual MSE in High availability also configured it to support P party application like Aero Scout to talk and send Tag and Exciter information. • Provided onsite post cutover support and technical knowledge transfer about the new system to the DPH IT staff. Also provided standard documentations with Visio Diagram explaining their new network infrastructure. West Contra Costa Unified School District: • Primary Lead Engineer focusing on Wireless and LAN infrastructure. • Configured and implemented Cisco 3850 switches to support wireless data. • Configured and implemented Cisco 4451 routers in 9 sites with advanced OSPF WAN routing. Configured and tested Cisco indoor 3802 APs and outdoor 1562i and 1562d APs in flex connect. • Provided design consideration and architectural support to best support their legacy network infrastructure. Peralta Community College: Secondary Lead Engineer focusing on LAN, Data Center and Wireless infrastructure. • Configured and implemented layer 2 Cisco 3850s, IE5000, 4507-chassis switches. Also configured Cisco 6807series core/distribution switches in VSS mode for high availability and L3 OSPF routing on top of it. ■ Configured 5520 WLC in HA and Cisco 3802 APs to provide high resilient wireless infrastructure. • Configured traditional DC design with Cisco N9K series switches to support their existing servers' infrastructure. • Provided Visio Diagrams and documented their network infrastructure. Also provided onsite post cutoversupport. EDUCATIONAL QUALIFICATIONS • Master of Science in computer networks I California State University - East Bay, CA I Sep 2015 - March 2017 • Bachelor of Engineering in Computer Science I NIE IT, VTU, India I Aug 2011- June 2015 References SFO NOR.`UN YVIAETA _SAN ASE 14TERNA710NAL ` A I R P 0 C r ,.- I C O N V A L L L, 4 A I? V 0 5 T Organization: City & County of San Francisco./ San Francisco International Airport San Francisco. CA Industry: Travel Contact: Carina Gerntke (855)415-9434 caritia aerurke,, ,ffvsfo.coni 13PA 7RANSBAY JOINT POWERS AUTHORITY Organization: Mineta San Jose International Airport Industry: Travel Contact: Ray Vecchiarelli rvecchiarelli@airit.com (407) 370-4664 Organization: Transbay Joint Powers Authority Contact: Jason Blick Office: 415-597-4038 Cell: 925-999-5474 jblick@TJPA.org NFTYPER TS INC. AI! Wt. Alt flit rrArE NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 1NC N,ETXffqTS THE TIME NetXperts Org Chart Confidential 29 1 P a g e © 2022 NetXperts, Inc NET f fg jT ,mc NETYPERTS INC. Att Nil, Att rm rrs1E Carol Ann Nordine President Gary Nordine Chief Executive Officer Victor Geisler PMO Director IPMP; ScrumMaster, SixSigma Yellow Belt] Paul Shaw Sarah Potter Accounting Assistant Acirn istrative AWstant Human Resources Engineering Team '�oJect Management Christen Schrepel Manager Jltentire Slyag Sr. CCIE Network Design Engineernager LMcutl.enreZ ueyd GreenHR Project Manager Cory Albert Sr. Collaboration Engineer Phil Naumovski Network Design Manager NOC Team Sachln Ra]egowda Installation &Electrical Sr. CCNP Network Engineer Randy Sclppio NOC Technklan RobertRuion Jce Bard Sr. CCNP wireless Network Lead Installer WeadeoMarsh lopea] NOC Technician En ineer AmrltSharma F Omar Nunez BrendanOlk Network Engineer Lead Installer Installer Stephen Burke Noc recfinitlan Shawn Zandl enter Meeks Steve Johnson WE Network Architect Eectrician/Installer Installer Rocein Naslri Thomas Simmons Donato Geda Installer CCIE Network Archlte Electrician/Installer Mohammed Farooqul iep Cheo Saecha0 KInssttallller CCNP Engineer Installer Alan Pham Joshua Kedzi.r Pramod Poudel tnsta7la. Installer Collaboration Engineer Confidential © 2022 NetXperts, Inc NetXperts, Inc. 1777 Boteiho Drive, Suite 102 Walnut Creek, CA 94596 Legend Executive Team Members Pre Sales Inside Sales I Outside Sales) Nicole Gretkowski ten Nordine Ryan Marr Inside sales account Exeeudve Sales / New Accounts Kelly Nordine Jeremy Redman Inside Sales Account Executive —NE XERTSWC _ All Net, All the Time Organizational Chart 301Page NET PERTS,Nc. NE7'"(PER TS ,NC. A!{ Nit. ALI lHl FIAPE NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 NET INCO XfAL1NET, .ALL THE TIME Required Bid Documents Confidential 31 1 P a g e © 2022 NetXperts, Inc NET PERTS,wc. SECTION 1200 BID DATE: 07/22/2022 The undersigned, as bidder, declares it has received and examined the Contract Document entitled Project No. 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone, and will contract with the City, on the form of Contract provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE 1200 Bid 1210 Bid Schedule 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Proposed Subcontractors 1250 Non -Collusion Affidavit 1260 DIR Project Vendor Information 1270 Iran Contracting Act of 2010 1280 Russian Aggression Against Ukraine Sanctions We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. Addendum # Date Received Initials Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY. Nefterts Name of Bidder 925-806-0800 x144 Bidder's Telephone Number Bid 1200-1 If our bid is accepted, we agree to sign the contract without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. NetXperts Name of Bidder 1777 Botelho Drive, Suite 102, Walnut Creek CA, 94596 Bidder's Address 869161 Contractor's License No. California State of Incorporation tyQAr� /l/B2, I 2/� Q natgi re of Bidder Gary Nordine Printed Name of Signatory CEO of NetXperts Title of Signatory 925-806-0800 x144 Bidder's Telephone Number gnordine@netxperts.com Bidder's Email Address 12/31 /2023 Contractor's Expiration Date Ryan Marr Witness Project Estimater Title of Witness Bid 1200-2 SECTION 1210 BID SCHEDULE PROJECT NO. 2022-18 SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 To Whom It May Concern: Pursuant to the Invitation to Bid, and in accordance with the provisions therein stated, the undersigned hereby proposes and agrees that on award by the City under this Bid, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for Project. No. 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone, in accordance with the plans and specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. It is understood that the basis of award shall be the lowest total price of the Base Bid Area. Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient cause for the rejection of our bid. Bid Schedule 1210-1 BASE BID — SILVERROCK PARK VENUE Wi-FI AND CAMERA RACICRANF Item Item Description Est. Unit Unit Item Total No. Qty. Price (in figures) (in Dollars figures) Dollars 1. Mobilization 1 LS $ 37 937.18 $ 37,937.18 2. Traffic Control 1 LS $3,120.00 $3,120.00 3. Dust Control 1 LS $4,830.00 $4,830.00 4 Remove and Replace 6" Thick 36 SF $ 351.71 $12,661.50 Concrete Sidewalk Furnish and install 2" High - Density Polyethylene (HDPE) 5 Conduit, grey color, pull tape, and tracer wire; Including 304 LF $ 220.17 $ 66,930.66 Trench Repair (Replace Landscape/Irrigation in -kind 6 FFuornish and Install No. 6 Pull 2 EA $1,018.86 $ 2,037.71 Building Modification, 7. Connection, and Electrical 1 LS $ 3,369.29 $ 3,369.29 Modification Furnish and Install 24 Strand 8 Single Mode Fiber Optic Cable and pull tape in 900 LF $18.34 $16,507.20 existing/proposed conduit Furnish and Install 24 Port 9 Fiber Patch Panel complete (shelf mount). Terminate fiber 2 EA $ 2,777.81 $ 5,555.63 o tic cable Furnish and Install 24 Port Hardened Managed Gigabit 10. Aggregate Switch, SFP 1 EA $15,749.49 $15,749.49 Modules, power supply, and patch cords complete 11. Test Network Equipment and 1 LS $1,200.00 $1,200.00 System Documentation 12. As -Built Plans 1 LS $ 2,080.00 $ 2,080.00 Furnish to City Hall minimum 13. 2-strand single mode fiber 50 LF $23.93 $1,196.26 maximum 24-strand to be installed by others Total Amount of Bid Items 1 — 13 $ 173,174.92 Sales Tax: $1,325.08 Shipping: $500 Grand Total: $175,000.00 Bid Schedule 1210-2 GRAND TOTAL BASE BID (Figures): $ 175,000.00 GRAND TOTAL BASE BID (Words): One Hundred Seventy -Five Thousand Dollars Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. Ne4 Sig atu a of Bidder (Ink) Gary Nordine Name of Bidder (Printed or Typed) 925-806-0800 x144 Bidder Telephone Number gnordine@netxperts.com Bidder Email Address Bid Schedule 1210-3 SECTION 1220 BID GUARANTY BOND NetXperts, LLC, PRINCIPAL, and Endurance Assurance Corporation as SURETY, are held and firmly bound unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above -mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be opened at La Quinta, California. PROJECT NO. 2022-18 SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this 22nd day of -- ,s,)lx .. - ——,2022. NetXperts, LLC Endurance Assurance Corporation _ CEO Attm—ex m Fit _ Title of Signatory Title of Signatory Sigkatua of Principal Gary Nordine 1777 Botelho Drive, Suite 102, Walnut Creek CA, 94596 Address Signature of Surety Catherine A, Pinney 12890 Lebanon Rd , Mount Juliet, TN 37122 Address Note: Signatures of those executing for the surety must be properly acknowledged. Bid Guaranty Bond 1220-1 CALIFORNIA ALL-PURPOSE ACICNC1fRfLE1.3GSi1NENT CIVIL CODE § 1189 . -i-• `, �5-"t ..^..,i <: ;.h.��S.]/.'.�:4?.n r:`iii.. a`c_n:•' GC`c�.n "f1 ./. -- fit.• �: ti l".%C.` .. -. n n .� t r1 n::ia ; public o other officer completing this cc-rWic aio verifies only the identity of the ,,1cJivicluil w:10 sq,is{'1 0a document b which ti',is certificat€. is attached, and Trot the twthfulness, accuracy ar validity of 11,�4t ducurnerlt. State of California County of _ Sonoma On �-- ZdZ-Z- before n e, Stacy M. ain!n, FlataaPuhfo Date Here Insert N_ams and Title of the Officer person oily appeared Catherine A. Pinney Name(s) of Slgner(s) who proved t() r,-ie oil the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he; she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. --4,--.r_-...:._,-ram ^:: - �" -= .. , STACY Ad (UN WITNESS my d and official seal. ti'.. .'4H Public. California notary • r ��' ;-: t' Cdnus�SsSa� "333C37 3 ,-,, Signature �— -'- gnat rQ of Natary blir. Place !Votary Seal Above OPT7 0NAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document; Document Gate Number of Pages: _ _- Signer(s) Other Than Named Above: 4 Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer —" Title(s): Partner -- Limited General Indi vidual [X Attorney in Fact Trustee J Guardian or Conservator 0 [her-. Signer Is Representing: Signer's Name: Corporate Officer -- Title(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator -;Other: Signer Is Representing: 02014 National notary Association , www NationalNotary.org - 1-800-IJS NOTARY (1-800-876-6827) r Item #5907 SOMPO INTERNATIONAL POWER OF ATTORNEY KNOW ALL SY TI-GSE PRESENTS, that Endurance Assurance Corporation. a Delaware corporalion, Endurance American insurance Company, a Dela-eir- cnrporabun, Loexon Insurance Company, a Texas twrporation. Sadler Bond Safeguard Insurance Company, a South Dakota oorporalio v, each, a "Company" :r:::1 fpileuivety. T mpo intslllatloWt,' do hereby curt% tote and appdiilt Catherine A Pinney are true mid lawful Attomoy[s].in•Fact to rvam exewte, seal, arch delver for. and isr is bohalf as nuroty cr ca-aurely; bonds and urdanakings given for any and al purposes, also a exectne and dwhw on ill DWI& as aforasald tenewahu, extensions. ngfewmifs. waivers, conswis lr alipvY 10iis rrltapnf7 io such L*nds or undertakings providud however. Drat no single bond a undertaking so made, executed and dellvMed shall obligate 11-0 Company ror any portion d the penal Sinn thereof h excuse of the Sum of Twenty M lion Ooi4ms ($20,0110.WO..00). Surety Bond No.: Bid Bond Principal: NetXperts, LLC Obligee: City of La Quinta Such bonds and underlakings (or said purposes, when duly executed by said attomei (s)•in•fact, shall be binding upon the Company as fully and in the same extent as 6 signed by the Mesideril of the Company under ill rograrale smut attested by its Corporate Secretary. This appointment is made under and by authorky d Certain m*oM! ons adopted by the sole shareholder of each Company by unanimous written consent effective the 15'" day of June, 2019, a copy Of which appears below under the heading entitled "Cerdficatw, This Power cf Attorney is signed and sealed by fwslmde under and by authorily of the following resolution adopted by the sole shlaueholder of each Company by unanimous wAftn consent effediva the 15'^ day OF .tuna, 2010 and said resolution has not since aspen revolted, amended or repeated: RESOLVED, that the signature d an Individual named above and " seat d the Company may be affixed io any such power of atlurney or any certirocata relating lherelo by facNtr0--, and airy such power or attorney a certifa:3le bearng such facslmle signature or seal shall he vand and binding upon the Company in the future wish respect to any bored or undertaking b which i is attached. IN WITNESS WHEREOF, each Company has unused this instrument b be signed by the following officers, and its corporate seal to be affixed his 15's day of June, 2019. End ranee Assurance Corporaiio By: Rlohard Appal• S enfor Counsel _� R�'ra�'G•oCo+k 4 :'off �F••; i Lea; SPAT, :a• �•.uEutwARE;� a� �'N,u,�,KwN•,�Y} Endrnce American ByI..-J.- c Richard Appel, ghufP enia�nsel �W, fn�4 PPgF4 '� 3!? SEAL I, %•. ntYnwnRt:;�� � Loxon insurance 0..�_.., SondSafeguaird InUrr pa Ric and Appel; A ou a• M Ric rd Appel;,&VR8Sanh rmwu.wr ACKNOWLEDGEMENT JA0* ...._. On this 15'" day d June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say Ihkni heltho F �" rlloSticrer d each of the Companies, and that he executed said instrument are behalf or each Company bu authorlty of his of under1byws of each Cumpaf%X.••' $ •• ... s,By 08111'ICA7E Amy aylor• N rblia tray CommssiPyn xpuc'y 3frgt1+; 3;' I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1.ThaI the original power of atlornay d which the foregoing e a copy was duly exotmed W behalf of each Company and has not snce bee i revoked, arrendod or mortified; that the unffersfgned has compared the foregoing wN thereof with he original power of attorney, and Ihuef uxo same is a true and axinct copy U the ceigirrfil power of allorney and of the whole thereof: 2.The ffalfowmg are reWvtions whirls were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions KWO not Mice been eevokK amended or rnodfied •RESOLVED• that each d Ore individuals named bAnw is authorized to make, execute, coal and ddtivor for and on behalf d I1v_. Company any and an bonds, undortaklnps or obirgali[ms 7n surety a tau.sufety with others: RICHARD M AK3EL, BRIAN J. BEGGS, CHRISTOPHER DONE LAN, SHARON L SIMS. CHRISTOPHER L SPARRO. MARIANNE L WILBERT ;and be t further RESOLVED, that each of the indivrdualu named Al ove is authodzM to appoint atlornaysAmfact for the purpose of making, executing, seating and delivering bonds, undertakings or obligations h surety or oaaurety tar and on behalf 40 the Company • 3 The uxlersi,gned further certifies that the above resolutions are true and cornet copies of the resolutions as so recordedand of the whole thereof. IN WITNESS WHEREOF, I have hereunto set wry hand and affixed the corporate seat this 22nd clay of Jul- y 82 2 . By: Dame S, rie. a retary NOTIM: U.S. TREASURY DEPARTAgEN7rS OFFICE OF FOREIGN ASSETS. CCNTROL,�FA�C No coverer a provided by this W ro nor can i ba uAstruod to Ripiew any provisions rf any surety bored or other surety coverage provided This Notice provides information concerning aossiblo hrfrad or. your surety Coverage due le drad.vas issued by OFAC Ploase read this kbtico cw9fully. 'rho Cfree of Foreign A4sM Conlrol (()FAC)-ArnuralM and enforces sun4 iUWs policy. W0 on Presdenual cl%bralona of 'naliarial emergerxy. . ❑FAC has identified aril listed rnumaraw WI ;Orr agelMS, front arganitaflons, [Wotlsls, 1^srorW otganirati oils, artd narpetic% IraMickers as *Specialty Desk Vat Net, o nM and BbO" ParsoW. Ths I'st can be Ioce;ed rri the Wiled 5anes 7reaswys websilol htlRyylwwwlreaeuv.atrvlre alrr arts_ aNlienMN-L1st. In aexasdwce w1h OrAC regulolio4% d i 6 aetermin0tl that you or any o fti! WSW or t' lily d0iming the i enefps or any roverdge hale violated U.S. aanetiom taw a A a Sponlly Designated W oriel and Eldtked Person, as i duWiied try OFAC. any coveraV wit becarmaldered n bIn OW or frozen orxtred and all provisfans d any co"age riravlded ern Irm adiately svr iect b OFAC. When a surety bond or oilier form d waly Cbvwaga is con0doM b be such a blocked a frown ownlracl, no paymems na premkirn refund may no made wilhout authorhxatlon horn OFAC Ohs( fmital,ors on the prem9lms"paymenis may also apply. Any reproductions are void. Surety Claims Submission: Lexoi%ClalmAdOnlnaSlratian so_pro-intl.com Telephone: 615S53.9500 Mailing Address: Sompo Internallonal; 12890 Lebanon Road; Mount Juliet, TN 37122.21170 SECTION 1230 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. 1. Project Name: Network and Voice Cabling Installation Services owner: Eastern Municipal Water District Construction Cost: $ 300,000.00 Construction Time: 2 year Service Contract Calendar Days Owner's Representative: Michael Wayment Owner's Telephone No.: 951-928-3777 x4317 Date of Substantial Completion: 2020 - Current ends in 2023 2. Project Name: Fiber and Wireless Network Infrastructure Expansion Owner: City. of West Hollywood Construction Cost: $ 1,000,000.00 Construction Time: 275 Owner's Representative: Deryck Santos Calendar Days Owner's Telephone No.: 323.848.6477 Date of Substantial Completion: April, 2022 - Current (Project Close out in November) Bidders Experience & Qualifications 1230-1 3. Project Name: Network Infrastructure Upgrade Owner: Citv of Fullerton Construction Cost: $ Construction Time: Calendar Days Owner's Representative: JGilkinson@cityoffullerton.com Owner's Telephone No.: 714 497-8647 Date of Substantial Completion: Completed in 2021 - Next project starts 2023 4. Project Name: Network Infrastructure Equipment Purchase and Installation Services owner: City of Palmdale Construction Cost: $ 250,000.00 Construction Time: 60 Calendar Days Owner's Representative: Stuart Thompson Owner's Telephone No.: _ 661 /267-5566 Date of Substantial Completion: 2020 Signed this 22 day of Ju NetXperts Name of Bidder Sign ur of Bidder Gary Nordine Printed Name of Bidder IY , 2022. 869161 Contractor's License No. 12/31 /2023 Expiration Date CEO Title of Signatory 1000003207 DIR Reg No. Bidders Experience & Qualifications 1230-2 SECTION 1240 PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors" and shall be signed.) The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No. Husky Concrete Removal, Inc. 6768 Raven Cir., Riverside, CA 92509 Trenching and Excavation >45% License# 1059631 DIR# PW-LR-1000668506 §ign ure of Bidder Gary Nordine Name of Bidder Proposed Subcontractors 1240-1 SECTION 1250 NOWCOLLUSIQN AFFIDAVIT TO BE EXEC TED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) Gary Nordine , being first duly sworn, deposes and say that he or she is CEO of Nefterts the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by contract, agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. /!/92,GGiiZ2 gn Aure Gary Nordine Name of Bidder CEO Title 7/22/2022 Date Non -Collusion Affidavit 1250-1 SECTION 1260 DIR Proieet Vendor Information Vendor Information: Name: NetXperts Address: 1777 Botelho Drive, Suite 102 Zip: 94596 Project Manager: Eric Gutierrez Phone: 925-806-0800 x302 City. Walnut Creek ST: Email: egutierrez@netxperts.com CSLB/Certification Number: 869161 Public Works Registration No.: 1000003207 Classification: Asbestos Boilermaker Bricklayers Carpenter Carpet/Linoleum _ Cement Masons Drywall Finisher Drywall/Lathers Electricians x Elevator Mechanic Glaziers Iron Workers Laborers Millwrights _ Operating Eng Painters Pile Drivers Pipe Trades Plasterers Roofer SheetMetal Sound/Com x Surveyor Teamster Tile Worker Prevailing Wages and Payroll: The project is subject to prevailing wage rates and enforcement by the Department of Industrial Relations (DIR). Prevailing wage rates can be obtained at: htt www.dir.ca. ov Public -Works Prevailin_ci--Wacie.litml.. Contractors and subcontractors on most public Works projects are required to submit certified payroll records to the Labor Commissioner using DIR's electronic certified payroll reporting system. For your convenience, the link for reporting certified payroll is: http.1/www.dir.ca..ciav/Public-Works/Certified-Pavroll- Reporting. html. A copy of certified payroll, including the employees and/or subcontractors working on with invoices submitted to the City of La Quinta. names and addresses of the job must be included DIR Project Vendor Information 1260-1 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Nefterts , herein referred to as, "Contractor." WITNESSETH• In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2022-18, SilverRock Park Venue Wi-Fi and Camera Backbone in the City of La Quinta, California pursuant to the Invitation to Bid, dated July 2022, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 15 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration (Type in correct dollar amount using currency format) One Hundred SeventkFive Thousand Dollars ($ 175 , 000 .00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pz for per diem wages, as determined by tl Industrial Relations and referred to in thi employed for the work to be performed ur shall forfeit as a penalty to the City the su each calendar day, or fraction thereof, for subcontractor under him in violation of this Code of California). iy less than the general prevailing rate ie State of California Department of Invitation to Bid, to any workman ider this contract; and the Contractor m of Twenty -Five Dollars ($25.00) for such workman paid by him or by any provision (Sections 1770-1777, Labor Contract 1300-1 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at httl2://wwvv.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.htmi. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ('Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: Contract 1300-2 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. Contract 1300-3 This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City a Milestone Schedule with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 2000-4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. Contract 1300-4 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000.00 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. Contract 1300-5 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 22. The Contractor shall enter into the enclosed Laborers Public Works Project Labor Agreement for SilverRock Resort Project, Riverside County, California, as presented in Section 1350. Contract 1300-6 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: ATTEST: Monika Radeva, City Clerk APPROVED AS TO FORM: City attorney By: Jon McMillen, City Manager Dated: Dated: "CONTRACTOR" (If corporation, affix seal) Dated:7/22/2022 gyF` Signature Name: -Gary Nordine Title. CEO Print Name Address: 1777 Botelho Drive, Suite 102, Walnut Creek CA, 94596 Street Address City State Zip Code Dated: Name: Print Name Address: Street Address City By: Signature Title: State Zip Code Contract 1300-7 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Z?a4 Signat re CEO Title 7/22/2022 Date Workers Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Liability and Insurance Requirements 1340-1 Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. Liability and Insurance Requirements 1340-2 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Liability and Insurance Requirements 1340-3 Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Liability and Insurance Requirements 1340-4 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to withhold any payment(s) hereunder until Contracting requirements hereof. c. Terminate this Agreement. stop work under this Agreement and/or which become due to Contracting Party Party demonstrates compliance with the Liability and Insurance Requirements 1340-5 Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.4 GeneralC ii n Pertaining -to- Provisions-oflan rn Coverage Contrar AingParty. Contractij3q Party- and City re o th-e-following with resl2ect to insurance provided by Contracting Pa 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Liability and Insurance Requirements 1340-6 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party 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. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Liability and Insurance Requirements 1340-7 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Liability and Insurance Requirements 1340-8 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Chan a in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-9 SECTION 1350 PROJECT LABOR AGREEMENT Pursuant to Section 6(a) of that certain Memorandum of Agreement Re Silver Rock Resort Project entered into by and between SilverRock Development Company, LLC ("Owner -Developer"), and the Southern California District Council of Laborers and its affiliated Laborers Union Local 1184 (Collectively the "Laborers Union"), executed on or about February 18, 2017, the Contractor must enter into the enclosed Laborers Public Works Project Labor Agreement for SilverRock Resort Project, Riverside County, California. Execution Version ATTACHMENT B TO MEMORANDUM OF AGREEMENT LABORERS PUBLIC WORKS PROJECT LABOR AGREEMENT 110637 SILVERROCK RESORT PROJECT RIVERSIDE COUNTY, CALIFORNIA Execution Version 1. INITIAL PROVISIONS 1.1 This Project Labor Agreement ("Agreement") is entered into by NetXperts ("Primary Employer") and the Southern California District Council of Laborers and its affiliated Local 1184 (the "Union"). 1.2.1.The SilverRock Resort Project ("Project") is a development located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta in Riverside County. The Project includes, but is not limited to, Master Site Infrastructure Improvements, the development and construction of a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a temporary club house, a mixed use village, all American and Water Well Sites, a resort residential village and associated amenities, a public park, renovation of the Ahmanson Ranch House, reconfiguration of the Golf Course. The Project is more fully described in the Purchase, Sale, and Development Agreement CTSDA") between the City of La Quinta and SilverRock Development Company, LLC (the "Owner/Developer," which includes successors in interest approved pursuant to the PSDA), the SilverRock Specific Plan, also known as Specific Plan No. SP 2006-080, the Mitigated Negative Declaration and the Addenda to the Adopted Mitigated Negative Declaration. It is understood and agreed by and between the Primary Employer and the Union ("Parties") that the final plans for the Project may be subject to modifications and approval by those public agencies possessing lawful approval authority over the Project, and may be modified by the Owner/Developer (including, but not limited to, modifications to reduce overall costs), and that this Agreement applies to the Project as it is finally approved and modified by such entities, agencies and/or the Owner/Developer. 1.2.2. This Agreement covers only work of improvements on the Project that will ultimately be owned by the City of La Quinta or another public agency or utility, or work that is otherwise subject to the State prevailing wage law. 1.3 It is the intent of the Parties to establish a Project -specific partnership that will provide a skilled workforce represented by the Union and will allow the Employer (as defined in Section 1.6) to perform the Covered Work (as defined in Article 2) for the Project, including determining the number of employees necessary, work schedules, and working conditions (among other things) to allow the Project to be completed in a high quality manner, on schedule, and in a cost competitive 1 Execution Version manner. As it is essential for the Owner/Developer and/or Employer to meet certain dates for the construction and development of the Project, the Union agrees that time is of essence as it applies to the performance of this Project. 1.4 A large labor pool represented by the Union will be required to perform the work involved in the Project. Employer (as defined in Section 1.6) wishes and it is the purpose of this Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Union on this Project shall proceed continuously, without interruption, in a safe and efficient manner, and economically with due consideration for the protection of labor standards, wages and working conditions in compliance with applicable law. In furtherance of these purposes and to secure optimum productivity, harmonious relations between the Parties and the orderly performance of the work, the Parties to this Agreement agree to establish adequate and fair wage levels and working conditions in compliance with applicable law and to ensure there will be no work stoppages during the construction of the Project. 1.5 Primary Employer is a contractor primarily engaged in the construction industry. Primary Employer will perform construction work directly on the Project and will utilize subcontractors to perform work as well. 1.6 As provided below all contractors, subcontractors, or other persons or entities (other than the City of La Quinta) assigning, awarding, or subcontracting Covered Work'(as defined in Article 2) will be subject to this Agreement by executing Attachment A, the Agreement To Be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as "Employer" or "Employers"). The City of La Quinta, through the City Managcr, will require any contract awarded to an Employer to execute the Agreement To Be Bound to memorialize that Employers, as independent contractors of the City of La Quinta, must comply with this Agreement. This Agreement shall not bind or apply to any parents, affiliates, subsidiaries of any Employer. Each separate Employer shall be liable for its own breach of this Agreement. 1.7 The Union is a labor organization whose members are construction industry employees who generally work in close proximity to one another at construction job sites and whose jobs are closely related and coordinated. The Union is a party to a multi -employer collective bargaining agreement known as the Southern California Master Labor Agreement between Southern California General Contractors and the Southern California District Council of Laborers ("Master 2 Execution Version Agreement") that covers the geographic area of the Project. Where the term Master Agreement is used, it means the existing Master Agreement in effect as to the Union at the time the Covered Work is performed. 1.8 In the interest of the future of the construction industry in the local area, of which the Union is a vital part, and to maintain the most efficient and competitive posture possible, the Union pledges to work and cooperate with the management of the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In addition, the Union shall not afford preferential status to other projects in the jurisdiction to the extent such preference will inhibit the availability of qualified workers for the Project. 1.9 The Parties recognize the importance of economic growth in the area and the creation of job opportunities by the development of this particular Project. By entering into this Agreement, the Parties recognize that the terms and conditions covered by this Agreement are therefore unique and limited to this Project. Accordingly, the Parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to jointly work together to support the Project and make it successful. 2. SCOPE OF AGREEMENT 2.1 Subject to Section 2.2, this Agreement covers only work on the Project that will ultimately be owned by the City of La Quinta, or work that is otherwise subject to the State prevailing wage law, covered by the Master Agreement ("Covered Work"), including but not limited to: a) Site prep work, including work to grade, clean or prepare construction site b) Installation of all roads and pathways c) Dust control, including water trucks d) Fencing e) Landscaping and replanting fl Demolition g) Asphalt paving h) Site Concrete. Garb and Gutter/Site Concrete Paving, including foundations i) Pipeline (Storm Drain, Water Lines, Sewer) j) Underground Utilities, including Dry Utilities k) Block/Masonry and veneer stone 3 Execution Version 1) Pavement Marking and Slurry Seal m) Fireproofing n) Concrete finishing and placement, by any method or means o) Signs p) Solar technologies r) Installation and placement of electrical conduit and duct banks s) Traffic Control t) Trenching; horizontal directional drilling; plow trenching; and digging and construction of tunnels on the Project u) Backfilling of Trenches v) Construction or ornamentation done with plaster w) Construction and landscaping of Parks x) Installation of pavers and/or paving stones y) Installation of street lights and traffic signals z) General Conditions (Clean Up) Covered Work shall be construed in the broadest terms possible. 2.1.1 Concrete work described in the Master Agreement and part of Covered Work shall include all cement finishing work on all concrete and related products on the Project, including but not limited to setting all concrete forms and perimeters forms including catch basin structures and drain inlets, curb forms and planks, setting of lines, stakes and grades, setting screed including screed pins; Curb and Gutter Machine Operator; Clary and similar type of Screed Operator (Cement); Grinding Machine Operator (all types); Jackson Vibratory or similar type; Texas Screed and similar type Screed Operator; Scoring Machine Operator; Magnesite, magnesite-terazzo and mastic composition; epoxy urethanes and exotic coatings; Dex-O-Tex Floating and Troweling Machine Operator. 2.1.2 All work done in temporary yards or facilities adjacent to or near the Project which are a part of and are a requirement for the Project. The Owner/Developer, manufacturer's representatives, vendor's representatives, and facility operating personnel may supervise and direct Covered Work, and the Union agrees that craft work is typically performed as part of a joint effort 4 Execution Version with these representatives and personnel. Covered Work shall not be performed by, manufacturer's representatives, vendor's representatives, and facility operating personnel. 2.2 Covered Work shall not include any work performed on or near the Project site by federal, state, county, city, or other governmental bodies and/or agencies or their contractors or work performed by utilities or their designated contractors or work performed by the Owner/Developer, manufacturer's representatives, vendor representatives or plant operating or their contractor personnel as discussed in Section 2.1. Any pre -assembled or manufactured items produced in a manufacturing facility for the assembly or supply of products is also excluded from the scope of this Agreement and shall not be considered subcontracting under Article 3 below. 2.3 This Agreement applies to all employees performing Covered Work. It does not apply to work which is not Covered Work, to supervisors not covered by a collective bargaining agreement, to technical or non -manual employees including but not limited to executives, office and clerical personnel, drafters, engineers, timekeepers, messengers, or to any other employees above the classification of general foreman who perform administrative/clerical functions. 3. SUBCONTRACTING 3.1 Primary Employer and each other Employers agree that they will contract for the assignment, awarding, or subcontracting of Covered Work, or authorize another party to assign, award or subcontract Covered Work, only to a person, firm, corporation, or other entity that, at the time the contract is executed, has become a party to this Agreement by executing Attachment A, the Agreement To Be Bound. 3.2 Primary Employer and each other Employer agree that they will subcontract Covered Work only to a person, firm, corporation, or other entity who is or becomes a party to this Agreement and who is or becomes signatory to the Master Agreement of the Union for the Project (subject to 3.3). Any Employer performing Covered Work on the Project shall, as a condition to working on the Project, become signatory to and perform all Covered Work under the terms of this Agreement and the Master Agreement.. Before being authorized to perform any Covered Work, Employers shall become a party to this Agreement by signing Attachment A, the Agreement To Be Bound. Each Employer agrees that by executing the Agreement To Be Bound, it agrees to assign all Covered Work to the Union. Every Employer shall notify the Union in writing within five business days after it has subcontracted work, and shall, at the same, time provide to the Union a copy of the executed Agreement To Be Bound. 5 Execution Version 3.3 Any Employer not already bound to the Master Agreement set forth in Section 3.2, who signs and becomes bound to such agreement to participate on this Project, shall not be required to apply the terms of the Master Agreement to any other construction project. Moreover, any Employer not already bound to the Master Agreement, who signs and becomes bound to the Master Agreement to participate on this Project, agrees to become a signatory of the Master Agreement under this Agreement only until the Employer's completion of its portion of the Covered Work on this Project. 3.4 Nothing in this Agreement shall in any manner whatsoever limit the rights of the Primary Employer, or any other Employer, to subcontract Covered Work or to select its contractors or subcontractors; provided, however, that all Employers, at all tiers, assigning, awarding, contracting or performing, or authorizing another to assign, award, contract, or perform Covered Work shall be required to comply with the provisions of this Agreement and the Master Agreement. Primary Employer and every other Employer shall notify each of its contractors and subcontractors of the provisions of this Agreement and require as a condition precedent to the assigning, awarding, or subcontracting of any Covered Work or allowing any subcontracted Covered Work to be performed, that all such contractors and subcontractors at all tiers become signatory to this Agreement and the Master Agreement as provided in Section 3.2 above. Any Employer that fails to provide the Union with a copy of the Agreement To Be Bound executed by its contractor or subcontractor shall be liable for any failure of that contractor or subcontractor, or any contractor or subcontractor at a lower tier, to comply with the provisions of this Agreement, including any contributions to any trust funds that the contractor or subcontractor, or any subcontractor to that subcontractor, fails to make for Covered Work on the Project. 4. WAGES AND BENEFITS All employees covered by this Agreement (including foremen and general foremen) shall be classified and paid in accordance with the classifications and wage scales set forth in the Master Agreement in effect at the time the work is performed. if the Employer contends that there is no classification in the Master Agreement describing the Covered Work to be performed, the Employer shall notify the Union of this, and within five (5) business days, the Union shall notify the Employer of the correct classification. rol Execution Version 5. UNION RECOGNITION AND REFERRAL 5.1 The Employers recognize the Union as the sole and exclusive collective bargaining agent for its construction craft employees performing Covered Work for the Project, pursuant to Section 8(f) of the National Labor Relations Act, and further recognize the claimed craft jurisdiction of the Union. 5.2 All employees performing Covered Work shall be or shall become and then remain members in good standing of the Union as a condition of employment on or before the eighth (8th) day of employment, or the eighth (8th) day following the execution of this Agreement, whichever is later. 5.3 The Union shall be the primary source of all craft employees for Covered Work for the Project pursuant to the terms of the Master Agreement, except that an Employer that becomes newly bound to the Master Agreement shall be entitled to up to five core members (four employees and one foreman). All core employees shall be employed under and subject to all of the terms of this Agreement. 5.4 Employers may employ apprentices where work is within their capabilities in the ratio established in the Master Agreement. The Parties recognize that employing sufficient numbers of apprentices on the Project is needed in order to make the construction process cost effective and efficient. The Union will use its best efforts to dispatch as many apprentices as are requested and within the applicable ratio. 5.5 The Union shall exert its utmost efforts, including requesting assistance from other local unions, to recruit a sufficient number of skilled craftsmen (including apprentices) to fulfill the manpower requirements of the Employers. In the event the referral facilities maintained by the Union does not refer the employees as requested by the Employer within a forty-eight (48) hour period after such requisition is made by the Employer (Saturdays, Sundays, and holidays excepted), the Employer may employ applicants from any source, but shall arrange for a dispatch to be issued for those applicants from the Union within twenty-four (24) hours of the commencement of employment, and the dispatch shall upon request be issued by the Union to the employee. 6. WORK STOPPAGES AND LOCKOUTS 6.1 During the term of this Agreement, there shall be no strikes, sympathy strikes, picketing, work stoppages, slow downs, handbilling, disruptive activity, or interference with the work at the site by the Union, its agents, representatives, or employees, or by the employee of any 7 Execution Version Employer, for any reason; and there shall be no lockout affecting the Union by any Employer. Failure of the Union to comply with this provision, or the failure or refusal of any employee of any Employer to cross any picket line established at the Employer's Project site is a violation of this Article. 6.1.1 The Parties acknowledge that work which is not Covered Work (as defined in this Agreement) may be performed by Primary Employer and/or Employers and/or others who are not parties to an applicable collective bargaining agreement. The Union agrees that the Primary Employer or Employers or others may perform both Covered Work and work which is not Covered Work, utilizing non -union workers of any trade for work which is not Covered Work. The Union agrees that if Covered Work and work which is not Covered Work is occurring simultaneously and in close proximity and/or in conjunction with each other, the Union shall permit and require its members to cooperate fully (as set forth in section 6.1 above) in performing all such work. 6.2 The Union shall not sanction, aid or abet, encourage, condone or participate in or continue any work stoppage, strike, picketing or any other disruptive activity at the Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No agents, representatives, or employees of the Union shall engage in activities which violate this Article. Any employee of an Employer who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, including discharge, and if discharged for the above reasons shall not be eligible for rehire. 6.3 The Union shall not be liable for acts of any employees for which it has no responsibility. The principal officer or officers of the Union will immediately instruct, order and use the best efforts of his or their office to cause any and all employees the Union represents to cease any violations of this Article. The Union, by complying with this obligation, shall not be liable for unauthorized acts of employees it represents. The failure of the Employer to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 6.4 The Union agrees that if any other labor organization or other persons, whether parties to this Agreement or otherwise, engage in any picketing or work stoppages, the signatory Union shall refuse to honor such picket line or work stoppage and shall instruct, order and use its best efforts to cause any and all employees the Union represents to comply with the terns of this Agreement. 6.5 In the event of any work stoppage, strike, sympathy strike, picketing, handbilling, or interference with the work or any other disruptive activity in violation of this Article (collectively, a Execution Version "Work Stoppage"), the Employer may suspend all or any portion of the Project work affected by such activity, or hire nonunion labor to complete the affected activity while a Work Stoppage is in effect, at the Employer's discretion and without penalty. 6.6 In lieu of, or in addition to, any other action at law or equity, any party may institute the following procedure when a breach of this Article is alleged, after the Union has been notified of the fact: 6.6.1. The party invoking this procedure shall notify Tom Pagan or Joseph Grodin whom the Parties to this Agreement agree shall be the Permanent Arbitrators under this procedure. With 30 days written notice and agreement by the Union, Primary Employer may replace any of the Permanent Arbitrators with another Arbitrator with construction labor agreement experience, and such agreement shall not be unreasonably withheld. In the event that neither of the Permanent Arbitrators are available upon an Employer's request, the American Arbitration Association shall select an alternative arbitrator within twenty-four (24) hours of notice. Notice to the Arbitrator shall be by the most expeditious means available, with notice by fax or electronic means or any other effective written means to the Union. 6.6.2. Upon receipt of said notice, the Arbitrators named above shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. 6.6.3. The Arbitrator shall notify the parties by fax or electronic means or any other effective written means of the place and time he has chosen for this hearing. The hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator. 6.6.4. The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The Arbitrator may order cessation of the violation of this Article by the Union, and the award shall be served on all parties by hand or registered mail or by electronic mail upon issuance. 6.6.5. The award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. The fax or electronic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator's award as 7 Execution Version issued under Section 6.6.4 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order of enforcement. The Court's order or orders enforcing the Arbitrator's award shall be served on all parties by hand or by delivery to their last known address or by registered mail or by electronic mail. All parties waive the right to require the issuance of a bond or other security for issuance of an injunction or an appeal to a refusal to issue one under this Article. 6.6.6. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. 6.6.7. The fees and expenses of the Arbitrator shall be borne by the party or parties found in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party. 6.7 The procedures contained in Section 6.6 shall be applicable to any alleged violations of this Article. Disputes alleging violation of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation or mitigation of any violation of this Article, shall be resolved under the grievance procedures of Article 7. 6.8 Notwithstanding the provisions of Section 6.1 above, with seventy-two (72) hours prior written notice to the Primary Employer, the Union retains the right to withhold the services of its members from a particular contractor or subcontractor who fails to make timely payments to the Union's benefit plans or fails to timely pay its weekly payroll in accordance with its agreements with the Union; provided, however, that in the event the Union or any of its members withhold their services from such contractor or subcontractor, Primary Employer shall have the right to replace such contractor or subcontractor with any other contractor or subcontractor who executes the Agreement to be Bound. 6.9 The Master Agreement shall govern, except to the extent it conflicts with the provisions of this Agreement, in which case the provisions of the Agreement shall prevail. In the event that the current Master Agreement expires and the Union negotiates a successor or extension to the Master Agreement, the Union shall continue to provide employees to the Employers working on the Project under all the terms of the Master Agreement in effect as of the Effective Date of this Agreement until a new Master Agreement is entered into, at which time all terms and conditions of the new Master Agreement shall apply to Covered Work at the Project from the effective date of the 10 Execution Version new Master Agreement, except to the extent they conflict with any provision of this Agreement, in which case the terms of this Agreement shall prevail. 7. GRIEVANCE PROCEDURE 7.1 Any question or dispute arising out of and during the term of this Agreement involving its interpretation and application shall be considered a grievance, and shall be resolved in accordance with the provisions of this Article. A grievance between or among parties signatory to the Master Agreement arising out of or involving the interpretation of the Master Agreement shall be resolved under the grievance procedure provided in the Master Agreerent. 7.2 The Primary Employer and other Employers, as well as the Union, may bring forth grievances under this Article. 7.3 A grievance shall be considered null and void if not brought to the attention of the Employer within fifteen (15) working days after the incident that initiated the alleged grievance occurred or reasonably should have been discovered, whichever is later. The term "working days" as used in this Article shall exclude Saturdays, Sundays, or holidays regardless of whether any work is actually performed on such days. 7.4 Grievances shall be settled according to the following procedure: Step 1 The Union representative and the grievant shall attempt to resolve the grievance with the craft supervisor within five (5) working days after the Grievance has been brought to the attention of the Employer. This step may be skipped if the Union, rather than an individual employee, initiates the grievance. Step 2 In the event the matter remains unresolved in Step 1 above after five (5) working days, within five (5) working days thereafter, the alleged grievance may be referred in writing to the Union Business Manager, or his designated representative, and the site construction manager or Labor Relations representative of the Employer for discussion and resolution. A copy of the written grievance shall also be mailed, faxed or emailed to the Primary Employer. Step 3 In the event the matter remains unresolved in Step 2 above within five (5) working days, within five (5) working days thereafter, the grievance may be referred in writing to the Union Business Manager, or his designated representative, and the Manager of Labor Relations of the Employer or the Manager's designated representative and the Primary Employer for discussion and resolution. 11 Execution Version Step 4 If the grievance is not settled in Step 3 within five (5) working days, within five (5) working days thereafter, either parry may request the dispute be submitted to arbitration or the time may be extended by mutual consent of both parties. The request for arbitration and/or the request for an extension of time must be in writing with a copy to the Primary Employer. Should the parties be unable to mutually agree on the selection of an Arbitrator, selection for that given arbitration shall be made by seeking a list of seven (7) labor arbitrators with construction experience from the Federal Mediation and Conciliation Service and alternately striking names from the list of names on the list until the parties agree on an Arbitrator or until one name remains. The first party to strike a name from the list shall alternate between the party defending the grievance and the party bringing the grievance. 7.5 The Arbitrator shall conduct a hearing at which the parties to the grievance shall be entitled to present testimonial and documentary evidence. The parties shall be entitled to file written briefs after the close of the hearing and receipt of the transcript. 7.6 The Arbitrator shall issue a written decision that will be served on all parties and on the Primary Employer. The Arbitrator shall have the authority to utilize any equitable or legal remedy to prevent and/or cure any breach or threatened breach of this Agreement. The Arbitrator's decision shall be final and binding as to all parties signatory to this Agreement. The parties agree that a judgment on the decision may be entered into by a court of competent jurisdiction. 7.7 The cost of the Arbitrator shall be borne equally by the parties to the grievance. All other costs and expenses in connection with the grievance hearing shall be bome by the party who incurs them. 7.8 The Arbitrator's decision shall be confined to the issue(s) posed by the grievance and the Arbitrator shall not have the authority to modify, amend, alter, add to or subtract from any provision of this Agreement. 7.9 Any party to a grievance may invite the Primary Employer to participate in resolution of a grievance. The Primary Employer may, at its own initiative, participate in Steps 1 through 3 of the grievance procedure. 7.10 In determining whether the time limits of Steps 2 through 4 of the grievance procedure have been met, a written referral or request shall be considered timely if it is personally delivered, sent by overnight mail, electronic mail, or faxed within the five (5) working day period. Any of the time periods set forth in this Article may be extended in writing by mutual consent of the parties to the grievance. Failure to process a grievance, or failure to respond in writing within the time limits 12 Execution Version provided above, without a request for an extension of time, shall be deemed a waiver of such grievance to the other without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances. 7.11 In order to encourage the resolution of disputes and grievances, the Parties agree that settlements shall not be precedent setting. 7.12 individual seniority shall not be recognized or applied to employees working under this Agreement. 7.13 The Employer shall establish and employees shall observe such reasonable project job site work rules as the Employer deems appropriate. These rules will be reviewed and discussed at the pre job conference, distributed to all employees, posted at the project site by the Employer, and may be amended thereafter as necessary. 8. MANAGEMENT RIGHTS 8.1 Notwithstanding any provision to the contrary in the Master Agreement, the Employer retains and shall exercise full and exclusive authority and responsibility for the mWiagenient of its operations and work forces, except as expressly limited by the terms of this Agreement. This authority includes, but is not limited to, the right to: 8.1.1. Plan, direct and control the operation of all the work and the work force. . 8.1.2. Decide the number and type of employees required for the work on both a daily basis and a project basis. 8.1.3. Hire, promote, and layoff employees as deemed appropriate to meet work requirements and/or skills required, and to select and hire directly all supervisory personnel above the classification of general foreman it considers necessary and desirable, without such persons being referred by the Union. 8.1.4. The selection of foremen. 8.1.5. Discharge, suspend, or discipline employees for just cause. 8.1.6. Require all employees to observe the Employers' and Owners' reasonable Project Rules, Security, Environmental and Safety Regulations, consistent with the provisions of this Agreement. These Project Work Rules and Regulations shall be supplied to the Union, to all employees and posted on the job site. 8.1.7. Determine the competency of all employees. 13 Execution Version 8.1.8. Assign and schedule work crews at its sole discretion and determine when overtime will be worked and the number of employees engaged in such work. There shall be no refusal by the Union to perform work, including overtime work, assigned. 8.1.9. Utilize any safe work methods, procedures or techniques and select and use any type or kind of materials, apparatus or equipment regardless of source, manufacturer, or designer. The foregoing listing of management rights shall not be deemed to exclude other functions not specifically set forth herein that do not conflict with the terms of this Agreement. 8.2. The Union understands the importance of maintaining construction quality and maintaining the construction schedule. The Union also understands that construction errors or delays in construction can result in the Ioss of production, which creates a great loss to Primary Employer. Therefore, the Union will encourage and advise the employees to exhaust every effort, ways, and means to perform work of good quality and quantity. The Parties recognize the necessity for eliminating restrictions and promoting efficiency and agree that no rules, customs, or practices shall be permitted that limit production, efficiency, or increase the time required to do the work, and no limitation shall be placed upon the amount of work which an employee shall perform, nor shall there be any restrictions against the use of any kinds of machinery, tools, or labor-saving devices. No rule or regulation shall be adopted that compromises employee safety. Nothing in this Agreement shall require any employee to engage in an unsafe work practice. The Employer may utilize any methods or techniques of construction, tools, or other labor saving devices to accomplish the work. 8.3. There shall be no limitation or restriction by Union upon an Employer's choice of materials or design, nor upon the full use and utilization of equipment, machinery, packaging, pre- cast, pre -fabricated, pre -finished, or pre -assembled materials, tools, or other labor saving devices. For Covered Work, the on -site installation or application of all items shall be performed by the Union; provided, however, it is recognized that installation of specialty items which may be furnished by Owner or -Employer may be performed by employees employed under this Agreement who may be directed by other personnel in a supervisory role, or, in limited circumstances requiring special knowledge of the particular items), may be performed by employees of the vendor or other companies where necessary to protect a manufacturer's warranty or where the employees working under this Agreement lack the required skills to perform the work. 8.4. The use of new technology, equipment, machinery, tools, and/or labor saving devices and methods of performing work may be initiated by Employer from time -to -time during the Project. 14 Execution Version Union agrees that it will not in any way restrict the implementation of such new devices or work methods. If there is any disagreement between the Employer and Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Employer, and Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article 8 of this Agreement. 8.5. All Employers may utilize the substance abuse and testing program contained in the Master Agreement. If requested by the Primary Employer, the Primary Employer and the Union will negotiate a substitute program consistent with construction industry standards in the area. 9. GENERAL PROVISIONS 9.1 If any article or provision of this Agreement shall become invalid, inoperative, and/or unenforceable by operation of law or by declaration of any competent authority of the executive, legislative, judicial or administrative branches of the federal or local government, (a) the remainder of the Agreement or application of such article or provision to persons or circumstances other than to which it has been held invalid, inoperative or unenforceable shall not be affected thereby, and (b) the Parties shall suspend the operation of such article or provision during the period of its invalidity, and the Primary Employer and the Union shall negotiate in its place and stead an article or provision that will satisfy the objections to its validity and that, to the greatest extent possible, will be in accord with the intent and purpose of the article or provision in question. The new article or provision negotiated by the Primary Employer and the Union shall be binding on all parties signatory to this Agreement. At all times relevant the provisions of Article 6 will apply. 9.2 Except as specified in this Agreement, all other terms and conditions of employment described in the Master Agreement shall apply. 9.3 Any modifications, amendments, or supplements to this Agreement may be entered into between the Primary Employer and the Union. 9.4 The provisions of this Agreement shall take precedence over any and all conflicting provisions of the Master Agreement, and if there is any conflict in any such provisions the terms of this Agreement shall govern. 9.5 Each person executing this Agreement represents and warrants that he or she is authorized to execute this Agreement on behalf of the party or parties indicated. 9.6 This Agreement may be executed in any number of counterparts, and each counterpart shall be deemed to be an original document. All executed counterparts together shall constitute one 15 Execution version and the same document, and any signature pages may be assembled to form a single original document. 10. TERM OF AGREEMENT 10.1 This Agreement shall continence on the date indicated below as the date of execution, and shall continue in effect until the Completion of All Covered Work on the Project pursuant to Article 2. Upon Completion of All Covered Work, the Union shall provide Owner/Developer or Primary Employer with written confirmation that the Agreement is no longer in effect. 102 Prior to Completion of All Covered Work, upon request from Owner or Primary Employer, the Union shall confirm, in writing, the current status of the Agreement, to include certification that the Agreement has not been modified and is in full force and effect, that there are no known defaults under the Agreement, and such other similar certifications as reasonably requested by Owner or Primary Employer. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and effective as of July. 22 , 2022(the Effective Date"). [Project Manager/General Contractor] SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS [Si atur , Title] [Signature, Title] Gary Nordine [Print Name of Person Signing] [Signature, Title] Date: 07/22/2022 16 [Signature, Title) Date: LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1184 [Signature, Title] Date: Execution Version ATTACHMENT A AGREEMENT TO BE BOUND PUBLIC WORKS PROJECT LABOR AGREEMENT SILVERROCK RESORT PROJECT The undersigned hereby certifies and agrees that: 1. It is an Employer as that term is defined in Section 1.6 of the SilverRock Resort Public Works Project Labor Agreement ("Agreement') because it has been, or will be, awarded a contract or subcontract to assign, award or subcontract Covered Work on the Project (as defined in Sections 1.2 and 2.1 of the Agreement), or to authorize another party to assign, award or subcontract Covered Work, or to perform Covered Work. 2. In consideration of the award of such contract or subcontract, pursuant to Section 8(f) of the National Labor Relations Act, and in further consideration of the promises made in the Agreement and any attachments thereto (a copy of which was received and is hereby acknowledged), it accepts and agrees to be bound by the terms and conditions of the Agreement, together with any and all amendments and supplements now existing or which are later made thereto. 3. If it performs Covered Work, it will be bound by the legally established trust agreements designated in Laborers Union's Master Agreement, and hereby authorizes the parties to such Trust Agreements to appoint trustees and successor trustee to administer the trust funds, and hereby ratifies and accepts the trustees so appointed as if made by the undersigned. 4. It has no commitments or agreements that would preclude its full and complete compliance with the terms and conditions of the Agreement and the assignment of all Covered Work to the Laborers Union. 5. It will secure a duly executed Agreement To Be Bound, in form identical to this document, from any Employer(s) at any tier or tiers with which it contracts to assign, award, or subcontract Covered Work, or to authorize another party to assign, award or subcontract Covered Work, or to perform Covered Work. DATED: 7/22/22 Name of Employer NetXperts r Gary Nordine CEO (Authorized Officer & Title) 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 (Address) 17 NET�PERTS iNc. Ai! klr. At F+ri r(AfE NetXperts, Inc. 1777 Botelho Drive, Suite 102 Walnut Creek, CA 94596 lNC. ALL NETfqTS THE TIME Pricing Confidential 811 Page © 2022 NetXperts, Inc NET AERTS,Nc. - XNetXperts Inc. NE 1777 Botelho Drive Suite 102 ERTS ING Walnut Creek, CA 94596 All Net, Aff the rime 925-806-0800 Tel 925-806-0899 Fax City of La Quinta City of La Quinta PROJECT NO. 2022-18 PROJECT NO. 2022-18 QUOTE •' NETQ19832 i 07/25/22 ngretowski e SilverRock Park Venue WiFi and Camera Backbone PROJECT NO.2022-18 1 #1 Mobilization - Bonds, PM + startup $37,937.18 $37,937.18 costs 1 #2 Traffic Control $3,120.00 $3,120.00 1 #3 Dust Control $4,830.00 $4,830.00 36 #4 Remove and Replace 6" Thick $351.71 $12,661.56 Concrete Sidewalk 304 #5 Fumish and install 2" High -Density $220.17 $66,931.68 Polyethylene (HDPE) Conduit, grey color, pull tape, and tracer wire; Including Trench Repair (Replace Landscape/Irrigation in -kind) 2 #6 Fumish and Install No. 6 Pull Box $1,018.80 $2,037.60 1 #7 Building Modification, Connection, $3,369.29 $3,369.29 and Electrical Modification\ 900 #8 Fumish and Install 24 Strand Single $18.34 $16,506.00 Mode Fiber Optic Cable and pull tape in existing/proposed conduit 2 #9 Fumish and Install 24 Port Fiber $2,777.81 $5,555.62 Patch Panel complete optic complete (shelf mount). Terminate fiber optic cable I #10 Fumish and Install 24 Port Hardened $15,749.49 $15,749.49 Managed Gigabit Aggregate Switch, SFP Modules, power supply, and patch cords complete. 1 #11 Test Network Equipment and System $1,200.00 $1,200.00 Documentation Page 1 QtV I Part Number Detcrinlion 1 Init Prirn 1 #12 As -Built Plans $2,080.00 $2,080.00 50 #13 Furnish to City Hall minimum 2-strand $23.93 $1,196.50 single mode fiber maximum 24-strand to be installed by others 1 Sales Tax Sales Tax $1,325.08 $1,325.08 1 Shipping Fee Shipping & Handling Fee $500.00 $500.00 SubTotal $175,000.00 Sales Tax $0.00 Sigrialure Date Shipping $0.00 Please indicate acceptance of terms by signing above. Total $175,000.00 Terms & Conditions of this Proposal: All orders will be placed upon receipt of signed purchase order or a signed contract between NetXperts, Inc. and customer. Such purchase order or contract will be subject to any governing law. Wl hardware is warranted per manufacturer's published warranty only, unless an NetXperts SeMce Contract has been purchased. This order may be subject to: sales lax, VAT, duly and freight charges even If not noted on this quote. Terms for Hardware. Software are f leI 30. Invoices exceeding 30 days will be assessed a 2% fee per month until paid. FOB Origin; Title passes at origin, and buyer has total responsibility over the goods while in shipment. NetXperts Inc. - Confidential and Proprietary Page 2