Norco City Council
February 1, 2023

AGENDA
City Council
Wednesday, February 1, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:30 PM
ROLL CALL Robin Grundmeyer, Mayor
Ted Hoffman, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member

CLOSED SESSION
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member
Greg Newton
INVOCATION Pastor Erin Diaz
New Beginnings Community Church
PRESENTATION Community Spirit Award
Gary and Susan Bowen
Norco Junior All American Football
Superbowl Champions

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.

City Council Agenda - February 1, 2023

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of January 18, 2023.

Staff Report - Pdf

2.C. Approve Professional Services Agreement and Procurement of Licenses for Office 365 Migration and Implementation Services
RECOMMENDATION:

1. Approve a Professional Services Agreement with All Covered in the amount of $45,790 for Office 365 Migration and Implementation Services; and

2. Approve the purchase of Microsoft Software and Office 365 User Licensing with CDW-G in an amount not to exceed $170,646 over a three year term; authorize the City Manager to execute appropriate contracts and documentation; and authorize the City Manager to approve contract change orders up to $10,000 per each Fiscal Year to accommodate for additional licenses for potential growth in staff, for a total of $200,646.

Staff Report - Pdf

2.D. Acceptance of Bids and Award of Contract for the Bluff Street Waterline Replacement Project
RECOMMENDATION:

Accept bids and award a contract to Borden Excavating Inc. for the Bluff Street Waterline Replacement Project in the amount of $1,347,347 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

City Council Agenda - February 1, 2023

2.E. Acceptance of Bids and Award of Contract for the Citywide ADA Improvement Project
RECOMMENDATION:

Accept bids and Award the contract to CT&T Concrete Paving, Inc. for the Citywide ADA Improvement Project in the amount of $205,000 and authorize the City Manager to approve contract change orders up to 10% of the original contract.

Staff Report - Pdf

2.F. Report on Fiscal Year 2021-2022 Audited Financial Reports RECOMMENDATION:

Receive and file the Fiscal Year (FY) 2021-2022 Audited Financial Reports Staff Report - Pdf

2.G. Approve the Position Title and Salary Range for Part-Time Code Enforcement Supervisor
RECOMMENDATION:

Adopt Resolution No. 2023-05 to approve the position title and salary range for Part-Time Code Enforcement Supervisor; and appropriate $20,000 to the Fiscal Year 2022-2023 Operating Budget.

Staff Report - Pdf

2.H. Authorize Participation in the Employment Risk Management Authority (ERMA) for Employment Practice Liability Insurance Coverage RECOMMENDATION:

Adopt Resolution No. 2023-06, to authorize the City's Participation in the Employment Risk Management Authority (ERMA)
Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

The governmental body shall not discuss or act relative to any general public comment.

5. LEGISLATIVE MATTERS

City Council Agenda - February 1, 2023
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.

5.A. Ordinance No. 1092, Second Reading: Repealing Ordinance No's 902, 928 and 984, and amending Norco Municipal Code Chapter 2.26 "Historic Preservation Commission"
RECOMMENDATION:

Adopt Ordinance No. 1092, Second Reading: Repealing Ordinance No's 902, 928 and 984, and amending Norco Municipal Code Chapter 2.26 "Historic Preservation Commission" to change the name of the commission, add two additional member seats and update requirements for membership.

Code Amendment 2023-01
Staff Report - Pdf

6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

6.A. Celebrating the 100th Anniversary of the Creation of the Norco Township RECOMMENDATION:

Provide feedback on recommended opportunities to celebrate the 100th Anniversary of the creation of the Norco Township and allocate $25,000 to the Fiscal Year 2022-2023 Operating Budget to support the recommended celebratory opportunities.

Staff Report - Pdf

6.B. Discuss Pilot Program for Youth Commissioners.

RECOMMENDATION:

Discuss and provide direction on a pilot program for the inclusion of Youth Members on City Committees/Commissions.

Staff Report - Pdf

7. PUBLIC HEARING(S)

City Council Agenda - February 1, 2023
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

7.A. Continued Public Hearing: An Ordinance of the City of Norco to amend Norco Municipal Code Section 18.30.46 – “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law. Zone Code Amendment 2022-05.

RECOMMENDATION:

Adopt Ordinance No. 1093, First Reading: Amending Norco Municipal Code (NMC) Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law standards. Zone Code Amendment 2022-

05. Staff Report - Pdf

8. CITY COUNCIL / STAFF COMMUNICATIONS

9. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

City Council

STAFF REPORT
Date: February 1, 2023 Agenda Item:

2.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

City Council

STAFF REPORT
Date: February 1, 2023 Agenda Item:

2.B.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of January 18, 2023.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

DRAFT Minutes

DRAFT - MINUTES
City Council
Wednesday, January 18, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 5:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Ted Hoffman, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
WORKSHOP - CITY HALL 2870 CLARK AVENUE - CONF. ROOM A

Recycled Water System Condition and Future Use - update

Public Works Director Blais presented the Norco's Recycled Water System Infrastructure Needs Discussion and Comparison to the Mayor and City Council.

Mayor and City Council asked questions, discussed concerns, and provided feedback to Public Works Director Blais.

City Manager Sassoon and Public Works Director Blais answered questions and addressed concerns.

Following discussion and without formal motion the Mayor and City Council directed staff to return to City Council on February 15, 2023 with a complete report on Recycled Water System Infrastructure Needs.

CITY MANAGER ANNOUNCEMENTS
City Manager Sassoon Introduced new Police Chief, Lt. Richard Fransik from Riverside County Sheriff's Department, to the Mayor and City Council.

CLOSED SESSION
§54956.9 (d)(4) – Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation - Potential One Case

§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 121-110-001 Bluff and 121-110-003 River Road City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms

City Council Minutes - January 18, 2023

§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 152-060-011 (Balboa Cell Tower)
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms

RECONVENED PUBLIC SESSION -
COUNCIL CHAMBER 2820 CLARK
7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that item regarding one case of potential litigation was not heard and there were no reportable actions on the remainder of the items.

PLEDGE OF ALLEGIANCE Council Member Bash
INVOCATION Pastor Samuela Tuihalamaka
Beacon Hill Assembly of God

RECOGNITION
The Mayor and City Council Recognized Riverside County Sheriff's Lieutenant Justin Rowan for his outstanding service to the City of Norco and wished him well on his new position with Jurupa Valley.

INTRODUCTION
New Police Chief
Riverside County Sheriff Captain Koehler introduced Lieutenant Richard Fransik as the new Police Chief for the City of Norco. Lieutenant Fransik spoke on his behalf.

PRESENTATIONS
Western Municipal Water District - Solve the Water Crisis Coalition

Western Municipal Water District (WMWD) Board Director Laura Roughton introduced Craig Miller WMWD General Manager to present.

WMWD General Manager Craig Miller presented a PowerPoint presentation discussing California's water crisis and the importance of the City of Norco to join the Solve the Water Crisis Coalition.

Mayor Pro Tem Hoffman and Council Members Bash, Aleman and Newton asked questions and spoke about their concerns.

Mr. Miller addressed concerns and answered questions.

City Council Minutes - January 18, 2023

Mayor Grundmeyer thank Mr. Miller for his presentation.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
a) Approval of Consent Calendar as presented.

Council Member Newton pulled Item 2.J. and Council Member Bash pulled Item

2.I. for discussion.

M/S BASH/HOFFMAN approve consent calendar as presented with Items 2.I and

2.J. pulled for discussion. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

2.B. Approval of City Council Regular and Special Meeting Minutes Action: Approved the City Council Special Meeting Minutes of December 19 and Regular Meeting Minutes of December 21, 2022.

2.C. Quarterly Investment Report for Quarter Ended December 31, 2022 Action: Received and filed the Quarterly Investment Report for the Quarter Ended December 31, 2022.

2.D. Declaration of Assorted Obsolete City Assets as Surplus Property Action: Adopted Resolution No. 2023-01, declaring assorted obsolete City assets as surplus property and authorized the City Manager to dispose of them through public auction, scrap or donation.

City Council Minutes - January 18, 2023

2.E. Purchase of 2024 Ford F750 6-8 Yard Dump Truck from PB Loader Corporation Action: Approved purchase of a 2024 Ford F750 6-8 Yard Dump Truck in the amount of $121,718, from PB Loader Corporation.

2.F. Acceptance of the Gold Star Families Memorial Project as Complete Action: Accepted the Gold Star Families Memorial Project as complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.

2.G. Consideration of a new Employee-Employer Relations Resolution Action: Adopted Resolution No. 2023-02, to implement Chapter 10, Division 2, Title 1 of the Government Code of the State of California Relative to Employee-Employer Relations, and repeal Resolution No. 71-8.

2.H. Adopt Salary Schedule for the Utility Workers Union of America, Local 606, with an effective date of December 24, 2022
Action: Adopted Resolution No. 2023-03, to approve and adopt the salary schedule for the Utility Workers Union of America, Local 606, with an effective date of December 24, 2022.

2.K. Acceptance of the City of Norco Corporate Yard Pavement Rehabilitation Project as Complete
Action: Accepted the City of Norco Corporate Yard Pavement Rehabilitation Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

2.L. Solve the Water Crisis Support
Action: Adopted Resolution No. 2023-04 to join Solve the Water Crisis education effort as a supporter to raise awareness on the ongoing water supply crisis, urging the State to develop and immediately implement long-term comprehensive solutions to address the crisis.

3. ITEM(S) PULLED FROM CONSENT CALENDAR

City Council Minutes - January 18, 2023

2.I. Appointments to Regional Boards, Standing Committees and Other City CouncilAppointed Committees for Calendar Year 2023

Council Member Bash requested that a sub-committee for the Riverside Transportation Reliability Project be added with Council Member Newton sitting on committee.

Council Member Newton agreed with sub-committee and requested that Council Member Bash be the lead.

Following discussion Mayor Grundmeyer made the motion to add the RTRP Sub-Committee to the Calendar for 2023.

M/S GRUNDMEYER/HOFFMAN Approve the City Council appointments to the various standing committees and other governmental agencies for the 2023 calendar year with the addition of a sub-committee for RTRP and appoint Council Members Newton and Bash sitting on Committee. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

2.J. Water Purchase Agreement Between and Among City of Norco, City of Corona, Jurupa Community Services District and Western Municipal Water District

Council Member Newton had questions and concerns on the Water Purchase Agreement.

Public Works Director Blais answered questions and addressed concerns.

Following discussion Council Member Newton made a motion.

M/S NEWTON/BASH Authorize the City Manager to sign the Water Purchase Agreement between and among Corona, Norco, Jurupa Community Services District (JCSD) and Western Municipal Water District (WMWD) for temporary assignment and purchase of water from the Arlington and Chino Desalters. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE

City Council Minutes - January 18, 2023
ABSTAIN: NONE

4. PUBLIC COMMENTS
Maddie Marks Noble and Ghazal, from the Office of Senator Kelly Seyarto, introduced themselves and stated they are happy to meet with the Mayor and City Council at any time.

Wayne Brown from RCTC discussed freeway closures and left informational flyers for community and staff.

Norvah J Williams thanked the city staff for their hard work during the rain on the streets and trails and also thanked Sam in Engineering for his hard work in the rain preventing flooding. She also stated that it was time for the City Council to receive pay increases.

5. DISCUSSION / ACTION ITEM(S)

5.A. Appointment to Streets, Trails and Utilities Commission for one unscheduled vacancy.

City Clerk Roa presented the presentation for the recruitment for one unscheduled vacancy for the Streets, Trails and Utilities Commission.

The following applicants spoke on their behalf Linda Chavez Gaffney, Audrey Pavia, Aaron Williams, Jerry Burke, Barbara Everett and Sam Tavallodi.

City Clerk Roa conducted a ballot vote.

Audrey Pavia was appointed to the vacant seat by 4 votes, Mayor Grundmeyer, Council Members Aleman, Bash, and Newton.

Mayor Pro Tem Hoffman voting for Jerry Burke.

6. PUBLIC HEARING(S)

6.A. Re-envisioning the Historic Preservation Commission

City Clerk Roa presented the report regarding the re-envisioning of the Historic Preservation Commission.

Mayor Grundmeyer opened the Public Hearing.

City Council Minutes - January 18, 2023

Theresa Edwards spoke in regards to the City Commission Handbook needing an update and about the Heritage Room.

Mayor Grundmeyer closed the Public Hearing.

Mayor, Mayor Pro Tem and Council Members provided feedback to City Clerk Roa and minor changes to the Ordinance.

Following discussion, a motion was made.

M/S BASH/ALEMAN Adopt Ordinance No. 1092, First Reading: Repealing Ordinance No's 902, 928 and 984, and amending Norco Municipal Code Chapter

2.26 "Historic Preservation Commission" to change the name of the Commission, add additional two members and update Requirements for Membership. Code Amendment 2023-01. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6.B. An Ordinance of the City of Norco to amend Norco Municipal Code Section

18.30.46 – “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law. Zone Code Amendment 2022-05.

Planning Director Robles presented the report on the Ordinance to Amend the Municipal Code pertaining to "Accessory Dwelling Units and Junior Accessory Dwelling Units".

Following discussion motion was made to continue the item to the City Council Meeting Scheduled for February 1, 2023.

M/S ALEMAN/BASH Continue the Public Hearing to Adopt Ordinance No. 1093, First Reading: Amending Norco Municipal Code (NMC) Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law standards. Zone Code Amendment 2022-05. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE

City Council Minutes - January 18, 2023
ABSTAIN: NONE

7. CITY COUNCIL / STAFF COMMUNICATIONS
Council Member Bash requested to agendize at the next scheduled City Council meeting the City of Norco 100th Birthday Celebration.

M/S NEWTON/BASH Agendize the City of Norco 100th Birthday Celebration for discussion. The Motion was carried by the following roll call vote:

AYES:NEWTON, BASH, GRUNDMEYER, ALEMAN, AND HOFFMAN
NOES:NONE
ABSENT:NONE
ABSTAIN:NONE
Council Member Bash reminded the Community of the Veterans Event at the National Cemetery on January 28, 2023 at 11 am.

8. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 9:23 p.m. with a moment of silence in honor of the passing of Deputy Isaiah Cordero and Deputy Darnell Calhoun in the line of duty.

_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: February 1, 2023 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Matt Boudreaux, IT Manager
Department: IT
SUBJECT:

Approve Professional Services Agreement and Procurement of Licenses for Office 365 Migration and Implementation Services
RECOMMENDATION:

1. Approve a Professional Services Agreement with All Covered in the amount of $45,790 for Office 365 Migration and Implementation Services; and

2. Approve the purchase of Microsoft Software and Office 365 User Licensing with CDW-G in an amount not to exceed $170,646 over a three year term; authorize the City Manager to execute appropriate contracts and documentation; and authorize the City Manager to approve contract change orders up to $10,000 per each Fiscal Year to accommodate for additional licenses for potential growth in staff, for a total of $200,646.

SUMMARY:

Proposals for Office 365 Migration and Implementation Services were submitted to the City on October 26, 2022, with All Covered and CDW-G being the lowest responsible bidders for the migration and implementation services and the purchase of Microsoft Office 365 with Exchange Online User Licensing, respectively.

BACKGROUND:

The City of Norco has successfully utilized on-premise Microsoft Windows, Office, SQL, and Exchange technology for over a decade. As Microsoft and other technologies evolve to cloud-based solutions, the City's IT Strategic Plan called for a transition to Microsoft Office 365, which is Microsoft's cloud hosted solution that provides enhance tools and functionality that has become necessary to the modern workforce. To implement this change, staff recommends the purchase of new Office 365 licenses, as well a contracting for the necessary professional services to implement the licenses.

Requests for Proposals (RFP) for Office 365 Migration and Implementation Services (Attachment A) were posted on September 28, 2022, with proposals submitted on

October 26, 2022. A total of seven (7) vendors submitted proposals for the project. The list of vendors who submitted an RFP is attached for Council's review (Attachment B).

IT staff reviewed and rated the proposals and then developed a list of three (3) vendors that would be best suited to provide these services. All Covered, CDW-G, and Novacoast provided the highest-ranking scored proposals of the seven proposals received. After interviewing each vendor, All Covered provided the most comprehensive and cost effective implementation solution.

All Covered will provide the following professional services:
• Onsite Assessment of the Current Environment
• Planning and Requirements Gathering
• Design Sessions for Security Policies
• Microsoft Teams Buildout
• Testing & Quality Control
• User Acceptance Testing
• Training
• Implementation & Deployment
To utilize the Office 365 platform, the City is required to obtain Government Cloud licensing, which is a sole source purchase of the Microsoft product. Microsoft does not sell its products directly, but through resellers that "match" its products to the buyer, at an additional charge. Because of the nature of the reselling market for Microsoft licensing, purchasing through the City's standard competitive bidding procedure of issuing an RFP is not the process that best meets the City's goals. Resellers would not typically respond to an RFP, but do respond when asked for direct quotes.

In order to provide the City with the best service at the lowest price, staff relied on "piggybacking" on the County of Riverside Microsoft Enterprise Agreement (#8084445).

By using the prices provided through the Riverside negotiated Microsoft Agreement, the City gains a significantly lower price per license compared to purchasing outside of this agreement.

Staff reached out to six reputable resellers authorized under the County of Riverside agreement for pricing. Of these six resellers, CDW-G gave the best rate. A quote breakdown has been provided (Attachment B) for Council's review.

FISCAL IMPACT:

There is sufficient funding in the Fiscal Year 2023-2024 Information Technology Division Operating Budget to cover the one-time transitional cost of $45,790 with All Covered for the professional service agreement and $66,882 of the $200,646 for a three (3) year Microsoft Licensing term with CDW-G. Future Microsoft licensing costs will be budgeted for in the appropriate fiscal year.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets, and Action Plan 3 - Implement the actions identified in the I Assessment and Strategic Plan.

IT Master Plan Initiative #50 - Electronic Mail Upgrade IT Master Plan Initiative #52 - Microsoft Office 365 - Future Upgrades REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Attachment A
Attachment B
All Covered Proposal
Services Contract
Microsoft Licensing Agreement

REQUEST FOR PROPOSALS:

Office 365 Migration and Implementation
Services
BID OPENING DATE: SEPTEMBER 29, 2022
Approved By:
_______________________________
Matthew Boudreaux
IT Manager
The City of Norco request for bids and proposals, bid results, and notices of an award are obtained through the City of Norco Vendor Portal at: www.norco.ca.us/bid

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
2 CITY OF NORCO
Table of Contents
SECTION 1: INVITATION FOR PROPOSALS....................................................................................... 4 PURPOSE ......................................................................................................................................... 4 SECTION 2: BACKGROUND ................................................................................................................ 4 THE CITY OF NORCO ...................................................................................................................... 4 SECTION 3: SCOPE OF WORK ........................................................................................................... 6 OVERVIEW ....................................................................................................................................... 6 REQUIREMENTS.............................................................................................................................. 6

3.1 - READINESS ASSESSMENT, ONSITE DISCOVERY, AND PLANNING ................................ 6

3.2 - MIGRATION PREPARATION................................................................................................. 7

3.3 – MIGRATION AND CUTOVER................................................................................................ 7

3.4 – ADMINISTRATOR TRAINING, DOCUMENTATION, AND KNOWLEDGE TRANSFER......... 8

3.5 – END USER DOCUMENTATION, KNOWLEDGE TRANSFER, AND TRAINING.................... 8

3.6 – PROJECT MANAGEMENT.................................................................................................... 9

3.7 – CHANGE MANAGEMENT ..................................................................................................... 9

3.8 – SUBCONTRACTING ............................................................................................................. 9 SECTION 4: TECHNICAL ENVIRONMENT........................................................................................... 9 CURRENT TECHNICAL ENVIRONMENT...................................................................................... 9 SECTION 5: CONTENTS OF PROPOSAL .......................................................................................... 10

5.1 – EXECUTIVE SUMMARY ..................................................................................................... 10

5.2 – TABLE OF CONTENTS....................................................................................................... 10

5.3 – REFERENCES/SIMILAR PROJECTS OF SIZE AND SCOPE............................................. 10

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
3 5.4 – ORGANIZATIONAL INFORMATION.................................................................................... 11

5.5 - PROJECT APPROACH/METHODOLOGY ........................................................................... 11

5.6 – COST PROPOSAL .............................................................................................................. 11 SECTION 6: CONSULTANT SELECTION PROCESS AND CONTRACT AWARD ............................. 12 SECTION 7: QUESTIONS/RFQ .......................................................................................................... 14 SECTION 8: RFP AMENDMENTS....................................................................................................... 14 SECTION 9: TENTATIVE TIMELINE................................................................................................... 14 SECTION 10: GENERAL TERMS AND CONDITIONS: ....................................................................... 14 EXHIBITS............................................................................................................................................ 15 EXHIBIT A ....................................................................................................................................... 16 EXHIBIT B ....................................................................................................................................... 18

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
4 SECTION 1: INVITATION FOR PROPOSALS

PURPOSE
The City of Norco (herein referred to as “City”) is soliciting proposals from qualified firms to provide planning and implementation services for Microsoft Office 365, Exchange Online, Teams, and Office Suite with a single sign on user experience.

The main scope of this project includes performing a readiness assessment of the current onpremise Exchange environment including gathering and developing requirements, developing a migration plan, and executing the approved plan. A detailed description of the products and services required are contained in RFP SECTION 3, SCOPE OF WORK. The City may opt to separately purchase the licensing for the Office 365 Enterprise Suite. The City will award a Contract to the contractor whose offer represents the “best value” to the City, price and other factors considered.

SECTION 2: BACKGROUND

THE CITY OF NORCO
The City of Norco is best known as an animal-keeping, equestrian-oriented community whose residents enjoy over 400 acres of parkland and one of the largest networks of horse trails in the nation, earning the nickname “Horsetown USA.” The City is a full service, general law city that operates under the Council-City Manager form of government, and provides a full range of municipal services, such as water, street maintenance and repair, building and engineering, planning, and parks and recreational activities. The City consists of 6 departments and multiple divisions based at various physical locations throughout the City:
• Administration
o City Manager
o City Clerk
o Communications
o Human Resources
o Information Technology
• Community Development
o Building & Safety
o Code Enforcement
o Planning
• Community Services

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
5 o Animal Control Services
o Recreation
o Senior Services
o Special Events
o Youth Sports
• Facilities and Maintenance
o Building Maintenance
o George Ingalls Equestrian Event Center
o Parks and LMD
• Fiscal and Support Services
o Business Licensing
o Finance
o Payroll
o Utility Billing
• Public Works/Engineering
o Public Works Administration
o Public Works Field Staff
o Engineering
The City of Norco Information Technology Division (IT) consists of one full time (1) IT Manager, one full time (1) Computer Information Systems Technician, and one part time (1) IT Intern. Parts of the City’s network are supported by multiple outside vendors on a daily basis. We currently support more than 135 staff members. IT provides computer services to all users at City Hall, Public Works, Community Services Facilities, and Fire Stations. We also support ~90 mobile devices including smartphones, tablets, and mobile connected devices.

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
6 SECTION 3: SCOPE OF WORK

OVERVIEW
The City of Norco is seeking the services of a qualified firm to provide planning and implementation services to migrate the on-premise Exchange environment to Office 365 hosted email and Teams online and instant messaging (collaboration) services with a single sign on user experience.

The scope of the project includes but is not limited to:

1. Moving to Exchange Online

2. Upgrading to Exchange 2019 (if required) as initial step

3. Upgrading Active Directory to 2016 (if required)

4. Moving to Teams online with IT given security of creating teams/groups a. Instant Messaging (IM), group IM
b. Internal screen sharing
c. Internal video calling (not telephony)

5. Preparing the latest version of Office Suite installer for all City workstations

6. Integration of OneDrive for document collaboration and sharing

REQUIREMENTS
At the minimum, the proposed solution must address the following requirements:

3.1 - READINESS ASSESSMENT, ONSITE DISCOVERY, AND PLANNING A. Onsite review of City systems to capture information about the existing environment, including usage patterns and administrative practices
B. Identification of potential challenges in migration and proposed solutions C. Microsoft Active Directory integration
D. Network, name services, and provisioning planning
E. User identity, access, and provisioning planning
F. Exchange online services planning
G. Office 365 services planning
H. SMTP services planning

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
7 I. Assessment and documentation of client configurations, including identification of necessary changes from current confirmation, standards
J. Compliance search, e-discovery, archive, mailbox quota, and retention planning K. Bandwidth and connectivity assessment to calculate migration cadence L. Data loss prevention planning
M. Identification of all Microsoft licenses required for expected general and scenario-specific use cases
N. Identification and planning of roles-based administration and the separation of duties following the principle of least privileges
O. Identification and planning of necessary reports for performance, health, and usage metrics of Office 365 messaging services, including administrator activities

3.2 - MIGRATION PREPARATION
A. Exchange online service configuration
B. Develop migration strategies for Office 365
C. SMTP service configuration
D. Secure messaging configuration
E. Initial retention policy configuration
F. Initial data loss prevention policy configuration
G. Anti-spam and anti-malware protections configuration through Barracuda Email Security H. Conditional access for Microsoft Outlook, Outlook Web Access, and managed mobile access configuration
I. Configuration of compliance, e-discovery, and archive components, including policies and roles-based access
J. Configuration of Outlook Web Access and Exchange ActiveSync, including condition access requirements where appropriate
K. Preparation of reports for usage, performance, and service health metrics L. Preparation of reports for auditing of administrative activities, including provisioning and de-provisioning, compliance/e-discovery activity, and configuration changes

3.3 – MIGRATION AND CUTOVER
A. Assign licenses to users

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
8 B. Migrate and synchronize mailbox data to Exchange Online C. Migration of ActiveSync devices
D. Migration of the retention policy
E. Perform post-migration end-to-end testing of Office 365 messaging services, including scenario-specific services and mobile device access where appropriate F. Perform post-migration end-to-end testing of instant messaging, group IM, and internal video calling
G. Propose a comprehensive backup solution for Office 365, servers, and data H. Decommission and cleanup of on-premises Exchange resources (if applicable)

3.4 – ADMINISTRATOR TRAINING, DOCUMENTATION, AND KNOWLEDGE TRANSFER A. Onsite training of IT Staff for:
1) Administration of Office 365 messaging services
2) Creation and administration of archive and retention policies 3) Provisioning and de-provisioning of users, including disposition of data that meets retention and compliance policies
4) Responding to e-discovery and legal hold requests
5) Office 365 administration best practices, including roles-based controls and separation of duties
6) Creating reports for activity, performance, health, and access B. Administrator documentation detailing all configurations pertaining to retention, archiving, and disposition of email.

C. Administrator documentation detailing all configurations of latest Teams and OneDrive services.

3.5 – END USER DOCUMENTATION, KNOWLEDGE TRANSFER, AND TRAINING A. General end-user documentation and training on the new Office 365 messaging environment, including Outlook Web Access
B. General end-user documentation on changes necessary on mobile devices to use ActiveSync in the new Office 365 environment
C. General end-user documentation on archive, archive policies, and retention policies

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
9 3.6 – PROJECT MANAGEMENT
The proposed solution must provide the City with the following Project Management services:

A. Assignment of a dedicated Program or Project Manager to the City’s engagement. This person will be the single point of contact for overall communications, project coordination, and vendor accountability issues
B. Provision of a Project Schedule, organized by phase, with milestone deliverables clearly identified
C. Attendance by the vendor Project Manager at project status meetings and other meetings as requested by the City’s designated Project Manager to facilitate and coordinate planning, implementation, testing, and training activities D. Preparation and/or maintenance of other project records as requested by the City’s designated Project Manager
E. Coordination with the City’s designated Project Manager for management of the project budget

3.7 – CHANGE MANAGEMENT
A. Any additional work identified during the project that is deemed necessary, but outside the original Scope of Work, must be recorded as a Change Order and approved by the City’s Project Manager before work is started

3.8 – SUBCONTRACTING
A. All proposed subcontracting must be detailed in the firm’s proposal. No subcontracting will be allowed without the express written consent of the City of Norco SECTION 4: TECHNICAL ENVIRONMENT

CURRENT TECHNICAL ENVIRONMENT
- Server:
o Exchange Server 2016 hosted on-premise
o ~180 user mailboxes; (this number may change based on current staffing levels) o ~300GB Mail Storage
o 141 Distribution Groups

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
10 o 10 Resource Calendar Rooms (including Conference Room Scheduling) o User mailboxes range from 1GB – 22GB
- Security:
o On premise solution for inbound and outbound email filtering o On premise solution for malware detection
- Staff Workstations:
o Windows 10 and Windows 11 with Outlook 2016/2019
o Intel i5/i7 Processors with 8GB/16GB RAM
- Mobile Devices
o iOS and Android mobile devices (phones and tablets)
o Exchange ActiveSync connected
o MDM solution currently in place for all City owned devices - Miscellaneous:
o Printers and fax machines are configured to send email through Exchange o Several applications use Exchange for SMTP relays
o Domain controller is Windows Server
SECTION 5: CONTENTS OF PROPOSAL

5.1 – EXECUTIVE SUMMARY
Provide a letter of introduction signed by an authorized representative of the firm (2 pages maximum) that provides an executive summary of the firm’s experience relevant to the scope of work described in the RFP and describes why the firm would be of service to the City of Norco on this project.

5.2 – TABLE OF CONTENTS

5.3 – REFERENCES/SIMILAR PROJECTS OF SIZE AND SCOPE
Provide a description of at least four similar projects performed for clients of a similar size, complexity, and business (preferably municipal government). Detailed information must include (at a minimum):
- Client and project name
- Project start and finish dates
- Project team; name of the project manager and other members

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
11 - Size of the client’s organization (e.g. number of departments and employees) - A brief project description including the scope of work, number of end users and the technology services implemented

5.4 – ORGANIZATIONAL INFORMATION
Identify key personnel from your firm, including specific personnel that would be assigned to this Project, if any. Any and all Prime Contractor and Subcontractor relationships and responsibilities must be detailed. Identify the City’s primary point(s) of contact for service requests, if your firm is retained for this Project. How many potential different people will the City have to contact for service?

5.5 - PROJECT APPROACH/METHODOLOGY
A formal Scope of Work (SOW) document for the proposed project must be provided. This document states in detail the approach that will be taken to install, test, accept and support the proposed solution. This document will be reviewed and agreed to by all parties before contract execution (it becomes part of the contract package). At a minimum the SOW must address how requirements will be met for each of the categories specified in RFP Section 3. SCOPE OF WORK. The formal SOW must also state if the proposed solution is based solely on the specifications contained in the RFP, it’s appendixes and exhibits, or if there is any deviation from the specifications; all deviations must be explicitly identified.

5.6 – COST PROPOSAL
A fee proposal should be submitted and include material, supplies, and any associated travel expense rates, if not already included in the personnel rate. This proposal should be in a separate document marked “Cost Proposal” and your firm’s name. Failure to do so may result in your firm’s disqualification. The cost proposal will specifically address the scope of work requested above in the previous section.

Cost Proposal: The Cost Proposal must provide a detailed fee schedule itemizing the services including (but should not be limited to) the following:

A. Hourly rates for regular business hours (state regular business hours) B. Any addition
C. Travel or trip charges, if any
D. Include any minimums that apply
E. Include any alternate pricing structures (such as block of hours) F. Cost proposal must refer/reference specific Scope of Work items G. If a specific requested service, function, or option is not offered or available, please indicate

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
12 H. Provide a total cost for this assignment
I. Include any general comments on pricing, or different levels of service J. Pricing should include all fees associated with this task K. It is expected that all proposers responding to this RFP will offer government or comparable most favorable rates. All discount offers must be clearly delineated.

L. In addition, all prices must be firm and fixed for this assignment following the notice of award
SECTION 6: CONSULTANT SELECTION PROCESS AND CONTRACT
AWARD
The selection process will consist of the following:

City of Norco Request for Proposals

1. City of Norco staff will review and evaluate each submitted proposal. The evaluation shall take into consideration the evaluation criteria included previously. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interest of the City after all factors have been evaluated.

2. The evaluation team shall perform any additional investigation it considers necessary to fully evaluate consultants being considered. If reference checks reveal untruthful statements of Proposals, the proposals will be rejected.

3. The evaluation team shall rank the proposals and may create a shortlist of up to three (3) firms to be interviewed. Selected firms will be provided with location, date, and times and instructions prior to the interview.

4. The City will select a firm based on qualifications. Award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring firm or withdraw the RFP.

5. Upon receipt of all required insurance and endorsements, the final selection of the Consultant will be executed by the City Manager or forwarded to the City Council of the City of Norco for award of the contract.

The City of Norco reserves the right to:

1. Request clarification of additional information from any firm at any time.

2. Examine the experience and capability of the firm’s team members and object to specific proposed team members.

3. Reject any/all proposals and terminate the RFP.

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
13 Please also note:

1. Receipt of a proposal by the City does not constitute a contract with the City and the City of Norco accepts no responsibility or liability for any costs incurred in the preparation and/or submission of such proposals.

2. Failure to respond to any portion of this proposal may result in possible rejection of the complete proposal from further consideration.

3. At any point, if the City feels that the project is not progressing in the appropriate manner, the City of Norco has the right to request a new project manager and/or terminate the contract with the firm.

Proposal Deadline
• Online: www.norco.ca.us/bids
• Date: Wednesday, October 26, 2022
• Time: 11:59 PM
• Proposals shall be submitted via the electronic bidding website at:
www.norco.ca.us/bids
Based upon the responses to the RFP, the City may interview or ask informal questions from any or all of the proposers and/or award the contract without conducting interviews. The successful proposer will be required to enter into a contract with the City, including insurance/indemnity requirements.

At all times during the evaluation process, the following criteria will be used:

Approach and Methodology: 40%
Company Experience and Capabilities: 30%
Qualifications: 15%
Cost Proposal 5%
Feedback from Reference Customers and Accounts: 5%

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
14 SECTION 7: QUESTIONS/RFQ
Questions regarding this RFP should be directed only to the person designated above and only using the Q&A tool on the electronic bid management website at: www.norco.ca.us/bids.

Answers will be submitted on the electronic bidding website as outlined in Section 9: Tentative Timeline.

SECTION 8: RFP AMENDMENTS
The City reserves the right to change the RFP schedule or issue amendments to the RFP at any time. In the event the City amends the RFP, the City will extend the Proposal Due Date commensurately. The City also reserves the right to cancel or reissue the RFP.

SECTION 9: TENTATIVE TIMELINE
The City’s estimated timeline to review proposals is as follows:

Event Date
RFP Release September 29, 2022
Deadline to Submit Vendor RFP Inquiries October 5, 2022 Proposal Due Date October 26, 2022
Vendor Selection November 3, 2022
Once the contract is successfully awarded, the City estimates this project should be completed by March 2023.

SECTION 10: GENERAL TERMS AND CONDITIONS:

Proposals shall be firm for acceptance by the City of Norco for a period of one-hundred and eighty (180) calendar days after the date and time set for receipt. The City of Norco reserves the right to award this contract in whole or part, in the best interest of the City. The City further reserves the right to accept or reject any or all proposals. The City of Norco reserves the right to request additional information it feels necessary to make a qualified judgment as to a firm’s ability to perform the work. The successful bidder shall not commence work under this Contract until he has obtained all insurance as outlined in Exhibit B – Sample Professional Services Contract; and such insurance has been approved by the City of Norco, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance has been so obtained and approved. See Other Provisions Section (9) (c) below titled "Subcontractors."

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
15 EXHIBITS
• Exhibit A – Cost Proposal Form
• Exhibit B – Sample Professional Services Contract

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
16 EXHIBIT A
EXHIBIT A – COST PROPOSAL
OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
_____________________________________________

COMPANY NAME

ONE-TIME COSTS
Product No. Product Description Qty. Unit Price
Extended
Price
ONE-TIME COSTS - Professional Services

0.00 0.00

0.00 Total Professional Services $0.00
Product No. Product Description Qty. Unit Price
Extended
Price
ONE-TIME COSTS - Software and Licenses
Microsoft Licensing - Office 365 Suite Plan – G3 1 0.00 Microsoft Licensing – Office 365 Suite Plan – G5 1 0.00 Microsoft Licensing – Azure AD Premium P1 1 0.00
Microsoft Licensing – Defender for Office 365 P2 1 0.00 Sub Total 0.00
Sales Tax 0.00
Total Software and
Licenses
$0.00
Product No. Product Description Qty. Unit Price
Extended
Price
ONE-TIME COSTS - Other Modules/Components

0.00 0.00
Sub Total 0.00
Shipping & Handling 0.00
Sales Tax 0.00
Total Other
Modules/Components
$0.00
TOTAL ONE-TIME COSTS $0.00

OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
17 RECURRING COSTS
Product No. Product Description Qty. Unit Price Extended Price RECURRING COSTS - Maintenance and Support

0.00 0.00

0.00 0.00

0.00 TOTAL RECURRING COSTS $0.00

Attachment B
Vendor Proposal Cost
All Covered - Konica Minolta 45,790.00 $
CDW-G 86,520.00 $
IT Partner LLC 33,250.00 $
Novacoast 98,800.00 $
Tallan 117,974.75 $
VectorUSA 4,790.00 $
Zirlen 18,120.00 $
Vendor Item Microsoft Part # Qty Price Yearly Total
Three Year
Contract
Total
CDW-G O365 G5 GCC Sub Per User T2N-00001 140 406.30 $ 56,882.00 $ 170,646.00 $ Zones O365 G5 GCC Sub Per User T2N-00001 140 407.30 $ 57,022.00 $ 171,066.00 $ Crayon O365 G5 GCC Sub Per User T2N-00001 140 407.40 $ 57,036.00 $ 171,108.00 $ Insight O365 G5 GCC Sub Per User T2N-00001 140 410.48 $ 57,467.20 $ 172,401.60 $ Softchoice O365 G5 GCC Sub Per User T2N-00001 140 415.32 $ 58,144.80 $ 174,434.40 $ SHI O365 G5 GCC Sub Per User T2N-00001 140 472.09 $ 66,092.60 $ 198,277.80 $ Office 365 Professional Services Proposal Bid Results
Office 365 Licensing Cost Results Page 36 of 514
PROPOSAL FOR:

City of Norco
RFP for Office 365 Migration and Implementation Services PRESENTED BY:

Brady Bower
IT Services Consultant
[email protected]
(858) 348-2206
All Covered, a division of Konica Minolta Business Solutions U.S.A., Inc.

October 24, 2022
The City of Norco
2870 Clark Ave.

Narco, CA 92860
Attn: Matthew Boudreaux | IT Manager
RE: RFP for Office 365 Migration and Implementation Services Dear Matthew,
After reviewing your expectations and goals set forth in RFP for Office 365 Migration and Implementation Services All Covered, a division of Konica Minolta Business Solutions U.S.A., Inc. has proposed a program that aligns with your requirements and has offered our technology, solutions and services that will provide The City of Norco with a competitive advantage, reshape your work environment and contribute to your long term business goals.

Today’s highly mobile flexible and dynamic workforce requires technologies and solutions that seamlessly blend physical and virtual work environments. At All Covered, a division of Konica Minolta Business Solutions U.S.A., Inc. we are building on our core set of smart office solutions by integrating technology that will allow you to be more productive, efficient and collaborative.

Thank you for considering All Covered, a division of Konica Minolta Business Solutions U.S.A., Inc. in your evaluations. We look forward to demonstrating our commitment to The City of Norco and are confident that our offering will meet your expectations and deliver increased value and efficiencies.

Sincerely,
Brady Bower
IT Services Consultant
All Covered, a division of Konica Minolta Business Solutions U.S.A., Inc. 100 Williams Dr.

Ramsey, NJ 07446

Section 1
Section 2
Section 3
Section 4
Table of Contents
Executive Summary
Project Approach
SoW Doc
Organizational Information
About Us
All Covered Certifications
References

Executive Summary

Executive Summary
All Covered, a division of Konica Minolta Business Solutions U.S.A. Inc. (KMBS) is pleased to provide our response to the City of Norco’s RFP for Microsoft Office 365 Planning and Implementations Services, Exchange Online, Teams, and Office Suite with a SSO user experience.

All Covered has meticulously reviewed the existing City of Norco environment, expectations and goals set forth in RFP# IT-2023-1 “Office 365 Migration and Implementation Services”.

All Covered is confident our proposed migration plan, experience conducting Microsoft 365 deployments for Government Municipalities and ITIL project framework will provide the City of Norco with the Microsoft ecosystem they are striving towards. This includes the following which is further detailed in the Scope of Work:
• Onsite Assessment of the existing environment compared to best practices. • Collaboration with the City of Norco on a detailed migration plan • Creating the Office 365 Tenant and configuring it according to best practices (Conditional Access, DLP Policies, Rights Management)
• Perform final migration tasks and cutover from on-premises Exchange to M365 • Setup Multi-Factor Authentication and provide instructions to the internal IT • Post Migration testing of M365 messaging services; Teams IM, Desktop Sharing, Video calling
• Provide training for the in-house IT staff with core administrative tasks for the M365 tenant, health reports and other objectives as planned.

All Covered operates with a dedicated Microsoft 365 Team providing our clients with a range of Office 365 services including enterprise content management, document
management, collaboration and communication using
Microsoft Teams, automation using Power Platform utilizing Power Apps, Power Automate and reporting tools such as
Power BI, OneDrive for Business, OneDrive, Planner, Yammer, Stream and we continually innovate through three interwoven pillars – productivity, collaboration and efficiency.

Project Approach

Project Approach and Methodology
Background
The City of Norco currently has email hosted on-premise running Exchange 2016 Server in production which hosts approximately 180 mailboxes with a total database size of about 300GB. The Server also hosts 141 Distribution Groups as well as 10 Resource Calendar Rooms.

The mailbox size ranges from 1GB to about 22GB.

The City of Norco utilizes an on-premise solution for email filtering and malware detection. Staff workstations are Windows 10 and Windows 11 with Outlook 2016/2019, Intel i5/i7 Processors with 8GB/16GB RAM. The City of Norco utilizes iOS and Android mobile devices that are Exchange ActiveSync connected with an MDM solution currently in place.

The City of Norco has published an RFP for their initiative to migrate from on-premises Microsoft Exchange Server to Office 365. The scope of the project includes moving to Exchange Online, implementing Teams online (Instant Messaging, Screen Sharing, Video Calling), preparing Office Suite for City of Norco workstations and integrating OneDrive document collaboration.

Project Approach
All Covered commits to each of our clients having a local team for face-to-face interactions and strategic relationships and we benefit from a national footprint for escalation of incidents and pool of 1,000+ fulltime engineers, including the highest level of support at All Covered, The Advance Technology Services team, a group of specialized engineers keeping All Covered at the forefront of technology.

Our approach focuses on solving real problems thought the ITIL methodology and differentiates our solution delivery from vendors who follow a product-first model. This end-to-end strategy, along with a consultative engagement with our clients provides a 360 degree view of your business processes, challenges, as well as your goals and objectives.

All Covered’s project process follows PMI’s PMBOK very closely. Project Managers drive projects to success by ensuring they have a great plan, strong team and excellent communication. The Project Manager will ensure The City of Norco expectations are set correctly and met. As a leader, the Project Manager will hold his team accountable for executing to the plan and meeting agreed upon dates. Weekly status calls with The City of Norco keeps you informed as to where your project is, what is left to do, any issues that have risen, and what the next steps are.

All Covered’s process has Quality Assurance and Quality Control (QA/QC) steps in it throughout the process to ensure that we are delivering the best quality project we can to The City of Norco. Weekly status calls with The City of Norco and the project team help keep the project on track, identify new issues and go over next steps. We do a full QA/QC of the project at the end before we close the project to make sure all deliverables are complete compared to the scope of the project and will check in with The City of Norco to make sure you are happy with the project outcome.

Project Management Philosophy and Development Life-Cycle Project Management
All Covered approaches every project with a proven framework that starts with the initiation, moves into planning, execution and the closure phases of a project in order to deliver the best solution for its clients. All Covered Project Management is built around the proven PMI PMBOK Methodology, ensuring that the time spent on your project is efficient and effective. PMI PMBOK is a worldwide standard that allows us to deliver projects that:
• Ensures that All Covered is aligned with your best interest • Assumes that we will manage the solution, ensures that it is easily maintained • Leverages the best elements of PMI and Technology Partner methodologies • “Right-sized” to your needs, not monolithic and complicated All Covered will be responsible for the overall project management for this implementation.

The assigned Project Manager is responsible for ensuring the successful delivery of client facing projects and manages the overall portfolio of active projects providing analysis including resource forecasts, project schedules, project economics, and client expectations. In addition, the Project Manager leverages All Covered resources throughout the project lifecycle to gather information needed to ensure that each project is delivered to its specific documented scope and within timelines mutually established with the City of Norco.

Project Communications
Risk does exist in all technical projects. To mitigate potential risk in this project, All Covered will follow the following practices:
• Defined Milestones – Built into the project plan, Milestones are designed to bring together all key stakeholders in the delivery of the technical solution to ensure agreement on the technical finding, detailed activities, work schedule, and interdependencies on the current production environment. • Issue Management and Resolution - All issues discovered during the course of the project will be documented, logged into a central issues repository, and resolved in a timely manner. Issue resolution documentation will be created for each issue logged

and issues that may pose a risk to the project will be escalated to the management teams for risk mitigation analysis.
• Project Management Meetings - Regular project management meetings will be scheduled to evaluate the status, quality, and timeliness (in relation to the schedule) of the work delivery. The project management team will evaluate on-going project risk as part of the project management process.

Project Schedule
Our skilled Project Manager will work with The City of Norco to develop a project schedule that is acceptable to your team, while also ensuring that the schedule will be well managed without compromising quality during the implementation. The Project Manager ensures that your team is aware of project status through strong written communications, regular status meetings, management of the project schedule, and overall status of project health reports.

Change-Management Plans
Changes to The City of Norco specific environment would be customized into workflows that will follow The City of Norco’s desired procedures for obtaining approval and notification before change management takes effect. This process includes identifying the scope, potential impact, back out plan, and overall risk in implementing the change. If the change meets the specific requirements internal approval is granted for the change.

Project Deliverables
• Perform Onsite Assessment of the existing environment, usage and its adaptation compared to best practices.
• Collaborate with the City of Norco on a detailed Planning Phased which includes the following high-level objectives:
- Identify any potential challenges or complicating factors - Active Directory implications
- Naming Conventions
- Provisioning
- Identity Provider - Active Directory / Azure AD
- M365 Tenant and Service Design
- SMTP Relaying Design and implementation
- Assessing and documenting City of Norco setup and any changes required - Requirements for compliance, e-discovery, archiving, quotas, retention etc. - Define DLP policy requirements
- Identify license requirements, counts based on user scenarios, use cases - Identify and define RBAC role-based administration access - Identify and define requirements for reporting on performance, health, usage metrics, administrative access etc.
- Define Post Migration testing and validation scope of M365 messaging services; Teams IM, Desktop Sharing, Video calling
• Create Office 365 Tenant (M365) and configure it according to best practices, add licenses, go through domain ownership validation
• As part of the M365 tenant setup define DLP Policies, setup rights management for email encryption and retention policy.
• Configure Rights Management for email encryption for users to share confidential information.
• All Covered will work with the City of Norco to configure Conditional Access (CA) policies in the M365 tenant.
• Configure the Compliance Center, e-Discovery and Archive policies including Role Based Access as defined in the planning phase.
• Setup a Hybrid Exchange Server to M365 Migration project and perform the initial data sync for approximately 180 mailboxes.
• Perform a Proof of Concept (POC) migration & cutover with a pilot user group of 5-10 users and review lessons learned to adjust the process and define a rollout plan.

• Perform final migration tasks and production cutover from on-premises Exchange to M365 to "go live" which includes re-configuring the Barracuda Anti-Spam solution accordingly.

Note: The City is considering moving to a different, potentially hosted solution. • Assist the City of Norco in the migration of the mobile devices which currently connect via ActiveSync and provide instructions for the user base to connect the devices to the hosted mailboxes.
• Setup Multi-Factor Authentication for the mailboxes in the M365 tenant and provide enrollment instructions and troubleshooting steps to the internal IT. • Perform end-to-end testing of the M365 tenant and validation as defined in the planning phase including:
o Email
o Teams Chat
o Teams Video Calling
• After successful testing is concluded, remove the Exchange Server Role from the existing Server.
• Deploy a new Exchange Server 2019 instance for ongoing M365 administration using the Exchange Management Console.
• Setup SMTP Relaying connector(s) on the new Exchange Server instance as defined during the planning phase.
• Assist the City of Norco with configuring their MFPs, Phone System and other peripheral systems to ensure they work.
• Train the in-house City of Norco IT Staff with core administrative tasks for the M365 tenant, health reports and other objectives as planned.

• All Covered’s Application Development Team will provide the City of Norco with 40 hours of Microsoft Teams Deployment Support. These 40 hours of Microsoft Teams will be utilized for the following tasks:

Planning and Requirements Gathering
Review with City of Norco stakeholders to align on goals and objectives of the Teams Deployment
● Project kick off meeting with All Covered’s Engineer, Project Manager, and City of Norco stakeholders
● Microsoft Teams demo for the City of Norco’s Stakeholders responsible for each Team
● General requirements gatherings
o Gather requirements for the overall project including current issues, usage, pain points, business processes, functionality improvements o Gather permission and security requirements
o Gather requirements on Team names, permissions, and channel settings Design
● Technical Specification document creation
o Security Plan
o Microsoft Teams layout including channels and permissions Microsoft Teams Buildout
● Configuration of Microsoft teams as outlined in Technical Specifications document.

Testing & Quality Control
● Quality Control testing of the Teams application.
● Issue and discrepancy bug remediation found during Quality Control Testing Phase 5: User Acceptance Testing
● User Demonstration of the Teams application.
● Platform handoff to the City of Norco for User Acceptance Testing ● UAT data collection and review for any needed changes.

A typical User Acceptance process encompasses the following steps o Perform walkthrough of Teams with the designated end users o The City of Norco performs internal UAT
o All Covered reviews UAT results
o All Covered implements UAT changes, if applicable

Training
● Training sessions for basic users and for the City of Norco Information Technology team.
o Training sessions will be held remotely, conducted through Zoom meeting.

Implementation & Deployment
● Final modifications to Microsoft Teams from the results of UAT and the application launch to the end users.

Project Tasks

ASSESSMENT AND PLANNING PHASE
• Perform onsite review of the existing environment
• Collaborate with City of Norco on a detailed M365 Implementation and Planning Phase • Meet with the designated City of Norco stakeholders to review the City of Norcos desires and requirements related to Microsoft Teams
• Prepare a detailed design and implementation project plan for Microsoft Teams design and deployment and provide to City of Norco
• Define the scope for the Training of the City of Norco IT Staff

IMPLEMENTATION PHASE
• Microsoft 365 Tenant Setup including license assignment • Modify Public DNS Zone entries (e.g. "A" Record)
• Setup Data Loss Prevention (DLP) Policies
• Configure Office 365 Rights Management for email encryption • Setup email retention policy Compliance: The City has a 90-day retention policy for all mailboxes; 90 days for Inbox/Sent messages and 7 days for Deleted Items. • Define and configure Conditional Access (CA) policies in M365/Azure • Configure Conditional Access policies for AAD/M365
• Configure Compliance, e-Discovery and Archive polices inc. RBAC • Installation of Microsoft Office using GPO with Office Deployment Tool and customized .XML files; test and validate
• Setup and Configure Exchange - Office 365 Hybrid Environment • Azure Active Directory Connector (Advanced Configuration) • Office 365 Mailbox Migration - Initial Sync
• Perform Proof of Concept (POC) migration of Pilot User Group (5-10 users), testing, validation, lessons learned
• Perform final cutover of all users after the POC phase is complete • Modify MX Record

• Reconfigure the existing Barracuda Anti-Spam solution to work with M365 • Assist City of Norco in the migration of mobile devices by validating a step-by-step instruction guide for users, and the appropriate testing • Provide instructions and communication templates for CA/MFA • Perform end-to-end testing of M365 environment including specific test requirements as defined during the planning phase
• New Exchange Base Install for ongoing M365 Administration with the EMC 2019 • Remove Exchange Role from Existing 2016 Exchange Server • Setup SMTP relaying on the local Exchange 2019 EMC instance • Assist City of Norco to configure MFPs, Phone System for voicemail notifications etc. • Assist City of Norco to configure MFPs, Phone System for voicemail notifications etc. • All Covered’s Application Development Team will provide the City of Norco with 40 hours dedicated to Microsoft Teams Deployment Support for the tasks described in the Project Deliverables

POST MIGRATION PHASE
• Train the City of Norco IT Staff according to the content agreed upon during planning phase
• Post Project Support
• Project Management

Assumptions
Standard project deployment assumptions:
• The Project will include, but not be limited to the following:
- Definition of project/estimated costs
- Project prerequisites, should they apply
- Project implementation
- Project management/documentation
- Procurement of required materials
• During the procurement process, All Covered can assist by expediting the delivery of equipment and standardizing billing for all costs associated with this project. All procurement pricing included in this Statement of Work is estimated. Once the Statement of Work is signed a final quote will be generated with the most current procurement pricing. • City of Norco understands that service interruptions may occur throughout the course of the project. All Covered will make reasonable efforts to forewarn personnel so they may prepare. • Access to the physical space, server and services will be made available during normal business hours.
• Access to all employees and their equipment affected by the Project will be made available during normal business hours.
• After Hours work will be performed both on-site as well as via Remote Access depending upon the advantage and/or necessity of being on-site versus remote. The specifics of which item(s) should be done on-site versus remotely will be finalized prior to the project kickoff. • All Covered is not responsible for the following:
- Removing boxes or shipping materials
- Disposing of or transporting IT equipment
• Any items not specifically addressed by this Statement of Work will be addressed by a mutually agreed change order.

Assumptions Specific to this Project
• All Covered will perform all Microsoft Teams Deployment work remotely. If the City of Norco requests that All Covered perform Teams Deployments services work onsite, the City of Norco will be responsible for All Covered’s travel requests.
• The City of Norco is responsible for downloading and installing the Teams application on the end users’ computers and mobile devices.
• All Covered makes the assumption that all Office 365 licenses will be available prior to project kickoff.
• We make the assumption that the City of Norco will provide either a Windows Server 2016 or 2019 post migration for the Exchange Server instance which includes the Exchange Management Console (EMC).
• It is assumed that the in-house IT will handle any Firewall changes which are required. • As All Covered is not contracted to provide Remote Support at this point in time. It is assumed that in-house IT will provide any end user support which may be required although this usually is very limited as Hybrid migrations don’t require Endpoints to be reconfigured. However, mobile devices need to be setup with new accounts once the M365 migration is complete. All Covered will coordinate with internal IT and provide users with the corresponding instructions.

• According to the City of Norco all workstations are running a compatible version of Microsoft Outlook (2016 or above).
• The City of Norco is planning to enable MFA for all licensed users but their internal IT will handle the user self enrollment support for the Office 365 MFA deployment. All Covered will assist in drafting communication as well as instructions but provide no end-user support unless otherwise agreed upon.
• According to the City of Norco there is currently no active M365 tenant and SharePoint and/or OneDrive is not utilized.
• The City of Norco has a number of resource mailboxes as well as part time staff which brings the total number of mailboxes to about 180.
• The City of Norco is planning to utilize M365 GCC G5 licensing for advanced security functionality and to avoid splitting/mixing license types for simplicity reasons. • The City of Norco is using an MDM solution that is only managing mobile devices (iOS, Android) but no Endpoints.
• All Covered included 4 hours of project services to work with the City of Norco on the SMTP relaying setup in the Exchange Server instance which will be deployed post migration onpremises for ongoing M365 administration. If additional time is needed, a change of scope may be required.
• All Covered assumes that the existing phone system (Mitel Connect) is compatible with M365, can relay voicemail to email messages either directly to M365, or will be setup to use the onpremises Exchange Server instance for message relaying. • It is assumed that the in-house IT will handle the MFPs, Printers/Faxes to point them to the new SMTP Relay Server as well. If All Covered is delegated related tasks, a change of scope may be required.
• We included in the scope to create a Group Policy Object (GPO) to download and install the Office 365 G5 productivity Suite (Word, Excel, Outlook etc.) on all 135 workstations on the Active Directory Domain. All Covered will customize the .XML files for the Office Deployment Tool and test and validate the GPO but the City's internal IT department will handle end-user troubleshooting.
• The Data Loss Prevention (DLP) policies will be defined in collaboration with All Covered's Application Development Team, and we included the effort to develop and implement up to six (6) policies to protect the M365 tenant according to best practices. • There are technologies mentioned in the RFP which will be discussed after the Bid is awarded.

There is no professional services effort included in this scope related to those and a 2nd phase project may be required to implement these.

This includes the following:
• Policies for the protection of SharePoint and/or OneDrive data • Specific requirements for compliance, e-Discovery and RBAC beyond standard settings based on best practices
• Requirements beyond standard settings and best practices as it relates to Secure Messaging (email encryption)

• Migrating from the on-premises Email Security solution (Barracuda) to a hosted solution by the same or different vendor
• Backup for Office 365 as well as Servers and Data as noted in the RFP • Definition and configuration of specific Groups, Channels etc. for use in Teams for all City employees

Organizational Information

About All Covered
All Covered is the US-based nationwide technology services division of Konica Minolta Business Solutions USA Inc., focusing on the unique computing, networking, and application needs of businesses across all verticals. Through its IT Services division, Konica Minolta helps companies achieve their goals through better management of information and more effective collaboration.

All Covered was founded in October 1997 and has been expanding its portfolio of locations and services in the Managed IT Services space over the past 23 years. Since its inception in 1997, All Covered has been providing Managed IT services for infrastructure management, unified desktop management, data protection, and business continuity. Following the acquisition by Konica Minolta, All Covered has expanded its services portfolio capabilities to provide security, application development, cloud, and hosted unified communications services.

Today, All Covered is a leading national Managed Services Provider (MSP), as well as a Managed Security Services Provider (MSSP) providing one of the most comprehensive services portfolio in the industry. Our capabilities, solutions, and resources allow us to align extensively in engagements with customer IT support requirements. We ensure that our managed services are able to leverage the components of our services offering that best complement their own employees ’support skills. We are committed to a customer-first methodology, offering a comprehensive suite of solutions and services and utilizing an end-to-end strategy, along with a consultative engagement with our customers, to provide a 360 degree view of our processes and challenges, as well as their goals and objectives. Through this collaborative approach, we enable targeted solutions yielding improved efficiencies, cost reduction and the realization of our customer’s vision.

All Covered has over 35 locations nationwide with the ability to offer our customers a “follow the sun” coverage model.

All Covered has served in an IT consulting capacity to thousands of organizations across the nation in practically every major industry. As a technology consulting company with a national reach we are able to negotiate better pricing from key suppliers, expand our expertise using our vast base of knowledge from others within our organization, and stay abreast of the latest developments. Our local presence in over 35 markets gives us a unique advantage—one that we have already leveraged to assist customers using Apple products.

We also have dedicated vertical practice teams and specialty teams, including some that focus on sectors with specific operational and compliance requirements. Among these are a healthcare and legal support practice. All Covered also has a dedicated cybersecurity team with a Security Operations Center.

At All Covered, we believe the best companies have great people who are committed to a single mission, working together towards common goals and sharing the same values. We have adopted the six values of Konica Minolta, which are evident in all our actions. They are demonstrated in our outstanding accomplishments and also in the everyday choices of our team members around the world. These six values define how we work and guide us in our decision-making: Open & Honest, Customer-Centric, Innovative, Passionate, Inclusive & Collaborative, and Accountable.

All Covered’s vision is to provide the most comprehensive Managed IT Services throughout the United States. Our clients engage us to become their outsourced IT department and/or an extension of their IT team.

All Covered partners with IT Weapons, another fully-owned subsidiary of Konica Minolta, and a sister managed IT services organization based in Canada. IT Weapons has offices in Ontario, Montreal, and Calgary.

All Covered Services

All Covered Certifications – Technical Expertise
All Covered engineers continually earn certifications to expand their skill set and to extend their technical knowledge and specializations with well-known industry certifications which include Microsoft, Cisco and ITIL. Obtaining these certifications, combined with continuing education - our engineers are highly regarded in the industry in demonstrating their working knowledge to skillfully troubleshoot network, cloud, security, or service support issues.
(ISC)2
• Certified Information Systems Security Professional (CISSP) Systems • Security Certified Practitioner (SSCP)
• Certified Cloud Security Professional (CCSP)
Allworx
• Allworx Certified Professional (ACP)
Amazon
• AWS Certified Solutions Architect – Associate
Apple
• Apple Certified Mac Technician (ACMT)
• Apple Certified Support Professional (ACSP)
• Apple Certified Associate (ACA)
• Apple Certified Technical Coordinator (ACTC)
Axcient
• Axcient Certified Engineer – Fusion (ACE Fusion)
• Axcient Certified Engineer (ACE)
Cisco
• Certified Cisco Network Professional (CCNP): Routing and Switching • Certified Cisco Network Professional (CCNP-V): Voice
• Certified Meraki Networking Associate (CMNA)
• Cisco Certified Design Associate (CCDA)
• Cisco Certified Design Professional (CCDP)
• Cisco Certified Entry Network Technician (CCENT)
• Cisco Certified Network Associate (CCNA): Data Center • Cisco Certified Network Associate (CCNA): Routing and Switching • Cisco Certified Network Associate (CCNA): Security
• Cisco Certified Network Associate (CCNA): Video
• Cisco Certified Network Associate (CCNA): Wireless
• Cisco Certified Network Professional (CCNP): Data Center • Cisco Certified Network Professional (CCNP): Routing and Switching

Citrix
• Citrix Certified Associate - Networking (CCA-N)
• Citrix Certified Associate - Virtualization (CCA-V)
• Citrix Certified Expert - Virtualization (CCE-V)
• Citrix Certified Professional - Networking (CCP-N)
• Citrix Certified Professional - Virtualization (CCP-V) CompTIA
• CompTIA A+
• CompTIA CDIA+
• CompTIA Certified Technical Trainer
• CompTIA Cloud+
• CompTIA i-NET+
• CompTIA IT Operations Specialist – CIOS
• CompTIA Linux+
• CompTIA Network Infrastructure Professional – CNIP
• CompTIA Network+
• CompTIA Project+
• CompTIA Secure Infrastructure Specialist – CSIS
• CompTIA Security+
• CompTIA Server+
• CompTIA Systems Support Specialist – CSSS
Datto
• Certified Datto Advanced Technician (CDAT) Datto
• Technical Specialist I
• Datto Technical Specialist II
Extreme Networks
• Extreme Certified Expert - Networking (ECE)
• Extreme Certified Specialist - ExtremeWireless (ECS)
• Extreme Certified Specialist - Management Center (ECS) • Extreme Certified Specialist - Routing (ECS)
• Extreme Certified Specialist - Switching (ECS)
Fortinet
• Fortinet Network Security Expert 1 (NSE)
• Fortinet Network Security Expert 2 (NSE)
• Fortinet Network Security Expert 3 (NSE)
• Fortinet Network Security Expert 4 (NSE)
• Fortinet Network Security Expert 5 (NSE)

GIAC
• GIAC Certified Forensic Examiner (GCFE)
• GIAC Certified Incident Handler (GCIH)
• GIAC Reverse Engineering Malware (GREM)
• GIAC Security Essentials Certification (GSEC)
• GIAC Web Application Penetration Tester (GWAPT)
Help Desk Institute
• HDI Support Center Analyst (HDI-SCA)
• HDI Support Center Director (HDI-SCD)
• HDI Support Center Manager (HDI-SCM)
• HDI Support Center Team Lead (HDI-SCTL)
• HDI Technical Support Professional (HDI-TSP)
HIPAA
• Certified HIPAA Professional (CHP)
• Certified Security Compliance Specialist (CSCS)
• HIPAA Privacy
IBM
• QRadar Level 1 Analyst
• QRadar Configuration Analyst
ITIL
• ITIL 2011 Foundation
ISACA
ISACA
• Certified Information Security Manager (CISM)
• Certified Risk and Information Systems Control (CRISC) Linux
• Linux Professional Institute: System Administrator (LPIC-1) • LPI Linux Essentials
• SUSE Certified Linux Administrator (CLA)

Microsoft
• Microsoft Certified Database Administrator (MCDBA)
• Microsoft Certified IT Professional (MCITP)
• Microsoft Certified Professional (MCP)
• Microsoft Certified Solution Developer (MCSD)
• Microsoft Certified Solutions Associate (MCSA): Office 365 • Microsoft Certified Solutions Associate (MCSA): Windows 8 • Microsoft Certified Solutions Associate (MCSA): Windows Server 2012 • Microsoft Certified Solutions Associate (MCSA): Windows Server 2016 • Microsoft Certified Solutions Expert (MCSE): Cloud Platform and Infrastructure
• Microsoft Certified Solutions Expert (MCSE): Communication • Microsoft Certified Solutions Expert (MCSE): Messaging • Microsoft Certified Solutions Expert (MCSE): Productivity • Microsoft Certified Systems Engineer (MCSE): Security+ • Microsoft Certified Systems Engineer (MCSE): Server Infrastructure 2012 • Microsoft Certified Trainer (MCT)
• Microsoft Technical Associate (MTA): Database Fundamentals • Microsoft Technical Associate (MTA): Networking Fundamentals • Microsoft Technical Associate (MTA): Security Fundamentals • Microsoft Technical Associate (MTA): Windows Operating System Fundamentals
• Microsoft Technical Associate (MTA): Windows Server Administration Fundamentals
• Microsoft Certified Dynamics Specialist (MCDS)
NetApp
• NetApp Certified Data Administrator
Novell
• Certified Novell Engineer (CNE)
• Enterprise Certified Novell Engineer (CNE)
• Master Certified Novell Engineer (CNE)
• Certified Novell Administrator (CNA)
Other
Other
• Certified Cyber Security Architect (CCSA)
• Certified Proactive Support Professional (PSP)
• Certified Wireless Network Administrator (CWNA)
• COBIT
• Barracuda Backup Certified Engineer
• Certified Chief Information Security Officer (CISO)
• Certified Information Systems Security Professional (CISSP) • PCI-P
• Tenable Security Center Technical Certification

Palo Alto
• Palo Alto Networks Accredited Configuration Engineer (ACE) PMI
• Certified Associate in Project Management (CAPM)
• Project Management Professional (PMP)
Proofpoint
• Proofpoint Accredited Administrator
Ruckus
• Ruckus WiSE Level 1
SalesForce
• Salesforce Certified Administrator
• Salesforce Certified Sales Cloud Consultant
• Salesforce Certified Service Cloud Consultant
SCRUM
• Certified Scrum Master (CSM)
• Certified Scrum Product Owner (CSPO) Certified ScrumMaster® ShoreTel
• ShoreTel - UCSI
• ShoreTel – UCSP
SonicWALL
• Certified SonicWALL Security Administrator (CSSA)
• Certified SonicWALL Security Professional (CSSP)
Veeam
• Veeam Certified Engineer (VMCE)
VMware
• VMware AirWatch Professional Accreditation: Enterprise Mobility • VMware Certified Professional 6 - Data Center Virtualization (VCP6-DCV) • VMware Certified Professional 6 - Network Virtualization (VCP6-NV) • VMware Data Center Virtualization Findamentals [6]
• VMware Operations Professional - Cloud Provider (VOP-CP) • VMware vSphere 6 Foundation
• VMware vSphere 6.5 Foundations

Watchguard
• Watchguard Certified Security Professional (WCSP)
Dell
• EMC Technical Certification

References

References
Township of Winslow
Office 365 Migration
The Township of Winslow engaged All Covered to migrate their email environment, which was currently based on a multi- tenant Exchange environment to a cloud hosted environment with Microsoft in the Office 365 platform. The Township of Winslow had 115 mailboxes and utilized email encryption, email archiving (3 years) as well as other features as part of their Hosted Exchange offering.

All Covered utilized a 3rd party tool to perform the email migration from the current environment into a new "tenant" with Microsoft Office 365, which handled the data migration as well as part of the desktop setup. A new Active Directory (AD) sync process was setup on one of the existing Virtual servers to synchronize user accounts, distribution lists and passwords from the on-premise AD to Microsoft's Azure.

Post migration, the users were guided through setting up their smartphones to connect to the new hosted mailboxes, and instructions for Outlook Web Access and spam filtering were provided to the Township. Desktop issues were addressed as part of the post project support.

Organization Size: 16 Departments, 110 Users
Project Start: October 2020
Project Finish: January 2021
Project Team: Project Manager - Kevin Reed, Solutions Architect - Oliver Strunk, Lead Project Engineer – Sean McCurdy
Township of East Whiteland
Office 365 Migration
The Township of East Whiteland engaged All Covered to migrate from their Exchange Server 2010 running as a Virtual Server on their existing VMware Host to Office 365. In total, 76 active mailboxes were migrated to Office 365 with an additional 26 mailboxes created within the Office 365 portal.

The project entailed migrating the primary email domain and requiring to still receive emails to their previous domain post migration. All Covered setup a forwarding mailbox with all email aliases in use which redirected back to the on-premise Exchange Server. After the migration was complete, we provided instructions for Smartphone setup and how to access OWA (webmail), the Spam filter, etc.

Organization Size: 6 Departments, 75 Users
Project Start Date: September 2019
Project Finish Date: October 2019
Project Team: Project Manager - Kevin Reed, Solutions Architect - Oliver Strunk, Lead Project Engineer – Stephen DiIenno

Silverado Senior Living
Microsoft Teams Deployment
Silverado Senior Living engaged All Covered to deploy Microsoft teams to approximately 1,400 users along with security and compliance features according to best practices.

The primary goal of the project was to only enable users to utilize chat functionality as well as allow audio and video calls. All Covered also implemented advanced security and threat protection features.

All Covered deployed Microsoft Teams as a completely new environment and worked with Silverado Senior Living internal IT on all project aspects including minimum licensing requirements.

Office 365 Migration
Silverado Senior Living engaged All Covered to migrate their 1,400 end-user mailboxes to Office 365 as well as configure their mobile devices to point to Office 365 post-migration.

All Covered successfully migrated the 1,400 mailboxes in 50-batch increments and had engineering support for each of the cutover dates to assist users with any issues that could arise. All MFPs and scanners were re-pointed to Office 365 along with the websites hosted on their server. Once all users were migrated, we deployed an Exchange Management Shell to manage the Office 365 environment and the old Exchange server was decommissioned.

Organization Size: 12 Departments, 26 Locations, 1,400 Users Project Start Date: August 2021
Project Finish Dates: April 2022
Project Team: Project Manager - Christian Nommesen, Solutions Architect – Tom Calil, Lead Project Engineer – Sean McCurdy
Township of Delran
Office 365 Migration
The Township of Delran engaged All Covered to migrate from their Exchange Server to Office 365.

All Covered performed network discovery of the Township network infrastructure to check compatibility according to best practices.

During this project we accomplished setting up their Hosted Exchange portal, configuring the migration project, coordinating a migration schedule, configuring their MFPs for scan to email, migrating their existing email data for 66 mailboxes and training their internal staff on support for user instructions for Active Sync and MS Rights Management for email encryption.

Organization Size: 12 Departments, 95 Users
Project Start Date: June 2018
Project Finish Dates: October 2018
Project Team: Project Manager - Susan Gittler, Solutions Architect - Oliver Strunk, Lead Project Engineer - Anthony Pacienza

Exhibit A: Cost Proposal

ONE-TIME COSTS
Product No. Product Description Qty. Unit Price Extended Price Pricing Structure Option 1 - Hourly Based Pricing Business Hours Rate 241 $ 190.00 $ 45,790.00 * Total Fee for Time and Materials pricing structure is estimated based on an estimated 241 hours Pricing Structure Option 2 - Fixed Fee Pricing Fixed Fee Project Rate 1 $ 56,597.00 $ 56,597.00 $ -
Total Professional Services
Product No. Product Description Qty. Unit Price Extended Price Microsoft Licensing - Office 365 Suite Plan – G3 1 $ 22.00 $ 22.00 * Pricing based on monthly subscription Microsoft Licensing – Office 365 Suite Plan – G5 1 $ 38.00 $ 38.00 Microsoft Licensing – Azure AD Premium P1 1 $ 6.00 $ 6.00 Microsoft Licensing – Defender for Office 365 P2 1 $ 5.00 $ 5.00 Sub Total
Sales Tax $ -
Total Software and Licenses
Product No. Product Description Qty. Unit Price Extended Price $ -
$ -
Sub Total $ -
Shipping & Handling $ -
Sales Tax $ -
Total Other Modules/Components $ -

TOTAL ONE-TIME COSTS
Product No. Product Description Qty. Unit Price Extended Price $ -
$ -
$ -
$ -
$ -
$ -

RECURRING COSTS
RECURRING COSTS - Maintenance and Support

TOTAL RECURRING COSTS
ONE-TIME COSTS - Professional Services
ONE-TIME COSTS - Software and Licenses
ONE-TIME COSTS - Other Modules/Components
Company Name: All Covered, a Division of Konica Minolta

PROFESSIONAL SERVICES CONTRACT

CITY OF NORCO
OFFICE 365 MIGRATION AND IMPLEMENTATION SERVICES
THIS PROFESSIONAL SERVICES CONTRACT (Contract) is made this 1 st day of February, 2023, by
and between the CITY OF NORCO, California, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California (hereinafter referred to as "CITY"), and ALL COVERED, A DIVISION OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., a New York corporation with its principal place of business at 1051 E. Hillsdale Blvd., Ste. 510, Foster City, CA 94404 (hereinafter referred to as "SERVICE PROVIDER"). City and Service Provider are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Recitals:

CITY intends to identify project or other intent. SERVICE PROVIDER agrees to provide the following professional services requested by CITY: To provide professional services for the migration to Office 365 AND implementation services for Microsoft Teams.

Scope of Services:

1. SERVICE PROVIDER shall provide to CITY the services outlined in Appendix A of this Contract:
a. The City of Norco shall engage the professional services for Office 365 service migration. The general scope of work to be performed by the Service Provider includes a readiness assessment, migration preparation, administrator training, project management, migration, and end user documentation, knowledge transfer, and training, as described in the Request for Proposals

2. SERVICE PROVIDER shall provide the services set out above in accordance with the following schedule:
a. All deliverables to be provided to CITY no later than 3 months from notice to proceed.

3. To assist SERVICE PROVIDER in carrying out these obligations, CITY shall perform the following services:
a. Make all records on file and necessary to complete the work, available to SERVICE PROVIDER.

Effective and Termination Dates:

1. This Contract shall be effective as of the date set forth above and extended through Phase 2 upon approval by the City Manager.

2. CITY and SERVICE PROVIDER may by mutual written agreement, terminate this Contract at any time.

3. CITY may, on 30 days written notice to SERVICE PROVIDER, terminate this Contract for any reason deemed appropriate at its sole discretion.

Compensation:

1. CITY shall pay SERVICE PROVIDER for work performed under this Contract an amount not to exceed $ 45,790.00 for all work identified in the Scope of Services and in accordance with the RFP dated September 29, 2022.

2. CITY shall pay SERVICE PROVIDER for "Other Services" on a time and materials basis in accordance with SERVICE PROVIDER'S standard Hourly Fee Schedule.

3. SERVICE PROVIDER shall submit to CITY an itemized invoice (payment request) at the end of each month according to the fee schedule attached for compensation for services performed in accordance with this Contract. Each invoice shall be accompanied by a progress report. The progress report shall cover: work performed in the work period, any issues or problems, if the project is on budget and schedule, approved change orders to date, percent complete, amount requested, total billings to date, and project total amount.

4. CITY shall process payment requests in its normal course and manner for accounts payable.

Invoices for payment shall be mailed to City of Norco, 2870 Clark Ave, Norco CA 92860, or emailed to Matthew Boudreaux at [email protected] .

5. The amount of any excise or gross receipts tax that may be imposed shall be added to the compensation as determined to be appropriate.

6. Final payment to SERVICE PROVIDER may be withheld by CITY until all SERVICE PROVIDER's work product is complete and provided to CITY.

7. In the event of termination, CITY shall pay SERVICE PROVIDER for work performed in accordance with this Contract prior to the termination date. In the event of termination by SERVICE PROVIDER under a breach of contract by CITY, CITY shall pay to SERVICE PROVIDER as provided in subsection 7 of this Section, and SERVICE PROVIDER's remedy shall be limited to termination of this Contract and receipt of payment as provided in this section.

8. In the event of termination by CITY under a breach of contract by SERVICE PROVIDER, CITY shall pay to SERVICE PROVIDER as provided in subsection 7 of this Section, with the exception that if CITY completes the work either through its own forces or through another SERVICE PROVIDER, and the cost exceeds the amount that would have been paid to SERVICE PROVIDER, the excess cost shall be deducted from the amount owed SERVICE PROVIDER.

Breach of Contract:

1. Either CITY or SERVICE PROVIDER may terminate this Contract in the event of a breach of this Contract by the other party.

2. Prior to such termination however, the party seeking to terminate shall give the other party written notice of the breach, which written notice shall specify the failure and demand correction or remedy in ten (10) days. If the party has not entirely cured the breach within ten (10) days of the notice, then the party giving notice may terminate this Contract at any time thereafter by giving written notice of termination.

Delivery of Notices:

All notices permitted or required under this Contract shall be given to the respective parties 8at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

CITY OF NORCO
ATTN: IT MANAGER
2870 CLARK AVENUE
NORCO, CALIFORNIA 92860
SERVICE PROVIDER:

ALL COVERED – KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.

ATTN: BRADY BOWER
3390 UNIVERSITY AVE
RIVERSIDE, CA 92501
Compliance with Laws:

1. In connection with its activities under this Contract, SERVICE PROVIDER shall comply with all applicable Federal, State and Local laws and regulations.

2. This Contract shall be construed to be governed by the laws of the State of California.

Non-Discrimination:

During the performance of this contract, SERVICE PROVIDER agrees as follows:

1. SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, genetic information, marital status, age, Vietnam era veteran status, disabled veteran condition, disability, or national origin. SERVICE PROVIDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

2. SERVICE PROVIDER will not, on grounds of any of the protected class indicators listed in Subsection 1 of this Section:
a. Deny an individual any services or other benefits provided under this agreement. b. Provide any service(s) or other benefits to an individual(s), which are different, or are provided in a different manner from those provided to others under this agreement. c. Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this agreement. d. Deny any individual an opportunity to participate in any program provided by this agreement through an opportunity to do which is different from that afforded others under this agreement.

SERVICE PROVIDER in determining (1) the types of services or other benefits to be provided, or (2) the class of individuals to whom or the situation in which, such services or other benefits will be provided, or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination due to any of the protected class indicators listed in Subsection 1 of this Section.

Indemnification:

1. SERVICE PROVIDER agrees to indemnify, hold harmless and at CITY's request, defend CITY, its officers, officials, employees and volunteers harmless from and against any and all liability or alleged liability, all suits, legal proceedings, claims, injuries, damages, losses and expenses, including but not limited to attorney's fees, arising out of or in connection with or incidental to any negligent act or performance, or error or omission of SERVICE PROVIDER or anyone acting on behalf of SERVICE PROVIDER in connection with or incidental to this Contract, except for injuries and damages caused by the sole negligence of the CITY.

2. CITY agrees to indemnify, defend, and hold harmless SERVICE PROVIDER from all claims, damages, and expenses, including attorney's fees arising out of the unauthorized reuse of SERVICE PROVIDER's instruments of service by CITY or by other's agents acting through CITY. Instruments of service shall include such things as original documents, survey notes, tracings, computer programs, and stamped plans and specifications, reports or findings of fact.

3. SERVICE PROVIDER shall provide services under this Contract in accordance with generally accepted professional practices for the intended use of the project and no warranty or representation either expressed or implied is intended as part of these services. Any opinion of the cost of the intended project prepared by SERVICE PROVIDER represents its best judgment as a professional and is supplied for the general guidance of CITY. SERVICE PROVIDER does not guarantee the accuracy of such opinion.

4. CITY will require that any SERVICE PROVIDER or sub-SERVICE PROVIDER performing work in connection with any plans or specifications produced under this Contract, to hold harmless, indemnify, and defend CITY, SERVICE PROVIDER, their sub- SERVICE PROVIDERs and each of their officers, agents, and employees from any and all liability claims, losses, or damage arising out of or alleged to arise from the SERVICE PROVIDER's negligence in the performance of the work described in the plans and specifications.

PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SERVICE PROVIDER's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Agreement.

5. This Contract is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without written consent of the other.

Insurance Requirements for Professional Services:

SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general

aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if service provider provides written verification it has no employees)

4. Professional Liability: (Errors and Omissions) Insurance appropriates to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage

2. For any claims related to this contract, the Service Provider’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation

3. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation

4. Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions

5. Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim

administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers

6. Insurance is to be placed with insurers authorized to conduct business in the State with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies

7. If any of the required policies provide coverage on a claims-made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage

8. Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors

9. Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances

10. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Assignment:

SERVICE PROVIDER shall not assign this Contract, in whole or in part, or any right or obligation hereunder, without prior written approval of CITY.

Amendments:

CITY and SERVICE PROVIDER may amend this Contract at any time only by written amendment. Any change in the Scope of Services shall be deemed an amendment subject to this subsection.

Severability:

In the event any provisions of this Contract shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall be valid and binding upon the parties. The other party as a waiver of a subsequent breach of the same by the other party shall not construe one or more waivers by either party of any provision, term, condition, or covenant.

Litigation/Arbitration:

1. Any dispute arising out of or in connection with this Contract, which is not settled by mutual agreement within sixty (60) days of notification in writing, by either party may be submitted to litigation or arbitration. Should that occur, the non-prevailing party shall pay all court costs and attorney’s fees incurred by the prevailing party to the prevailing party.

2. Notwithstanding any dispute under this Contract SERVICE PROVIDER shall continue to perform its work pending resolution of the dispute, and CITY shall make payments as required by this Contract for undisputed portions of the work.

3. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other party.

Maintenance of Records:

SERVICE PROVIDER shall maintain record on a current basis to support its billings to CITY. CITY, or its authorized representative, shall have the authority to inspect, audit and copy, on reasonable notice and from time to time, any records of SERVICE PROVIDER regarding its billings or its performance hereunder, for a period of three (3) years after completion or termination of this Contract.

Limited Warranty:
(a) SERVICE PROVIDER warrants to CITY that all services shall be performed in a professional manner in accordance with generally applicable industry standards and as described herein. In the event of a service warranty claim, SERVICE PROVIDER shall to re-perform the deficient services, or, if SERVICE PROVIDER fails to correct such deficiency within thirty (30) days of notice of a claim, to void the invoice for the deficient services. All Covered shall have no obligation with respect to a warranty claim (i) if notified of such claim more than thirty (30) days after the services in question were first performed or (ii) if the claim is the result of third-party hardware or software failures, or the actions of CITY or a third party. (b) SERVICE PROVIDER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL

SOFTWARE AND HARDWARE PROVIDED OR INSTALLED BY SERVICE PROVIDER ARE SUBJECT EXCLUSIVELY TO THE RESPECTIVE MANUFACTURER’S WARRANTY.

Limitation of Liability:
(A) SERVICE PROVIDER SHALL NOT BE LIABLE TO CITY FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF

BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED

EXPENSE OF USE), WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING,

WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. (B) EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SERVICE PROVIDER’S TOTAL AGGREGATE LIABILITY TO CITY ARISING OUT OF

SERVICES PERFORMED UNDER THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY

UPON WHICH SUCH LIABILITY MAY BE BASED, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CITY TO SERVICE PROVIDER HEREUNDER.

Signature page follows.

Name of Contractor: ALL COVERED, A DIVISION OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., a New York corporation *By:
________________________________
Signature
Darin Bower, Vice President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________
Robin Grundmeyer
Mayor
ATTEST:
_________________________________
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
__________________________________
Harper & Burns, LLC
City Attorney

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Program Signature Form
MBA/MBSA number 1279775.003
Agreement number 8084445
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Sub250 Form W29
Product Selection Form 1279775.003 (PSF)
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)* City of Norco Signature*
Printed First and Last Name* Lori Sassoon
Printed Title City Manager
Signature Date* 02/01/2023
Tax ID
* indicates required field
___________________________________

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Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA

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Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 67768363 Framework ID(if applicable) Previous Enrollment number
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.

This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.

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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.

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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.

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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders.

Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.

Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The thirdyear true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate

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may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.

4. Payment terms.

For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.

5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.

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Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.

For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply

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to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

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Enrollment Details

1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:
 Enrolled Affiliate only
 Enrolled Affiliate and all Affiliates
 Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):
 Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Include future Affiliates

2. Contact information.

Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Norco Contact name* First Matthew Last Boudreaux
Contact email address* [email protected]
Street address* 2870 CLARK AVE
City* NORCO
State* CA
Postal code* 92860-1903-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* (951) 270-5663
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order.

EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10
Document X20-10635
 Same as primary contact (default if no information is provided below, even if the box is not checked).

Contact name* First Matthew Last Boudreaux
Contact email address* [email protected]
Street address* 2870 CLARK AVE
City* NORCO
State* CA
Postal code* 92860-1903-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* (951) 270-5663
Language preference. Choose the language for notices. English  This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:

Reseller company name* CDW Logistics LLC.

Street address (PO boxes will not be accepted)* 200 N Milwaukee Ave.

City* Vernon Hills
State* IL
Postal code* 60061-1577
Country* United States
Contact name* Brent Cameron
Phone* 847.371.6090
Contact email address* [email protected]
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.

Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the

EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
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(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact

3. Financing elections.

Is a purchase under this Enrollment being financed through MS Financing?  Yes,  No.

If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.

EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O

Enterprise
Sub 250 Program
Amendment ID W29
The parties agree that the Enrollment is amended as follows:

1. On the first page of the Enrollment, the following is added after the second paragraph:

By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee.

The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement.

2. Section 2a of the Enrollment titled “Order Requirements”, is hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of 25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. (v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services.

3. Software Assurance renewal.

Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box.  By checking the above box, a new section is added to the Enrollment entitled “Software Assurance Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License.

EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
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Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect.

Program License ID Number Expiration Date
<> <> <>

City Council

STAFF REPORT
Date: February 1, 2023 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Acceptance of Bids and Award of Contract for the Bluff Street Waterline Replacement Project
RECOMMENDATION:

Accept bids and award a contract to Borden Excavating Inc. for the Bluff Street Waterline Replacement Project in the amount of $1,347,347 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Bluff Street Waterline Replacement Project were opened on January 10, 2023, with Borden Excavating Inc. of Calimesa, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Borden Excavating Inc. in the amount of $1,347,347 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the Bluff Street Waterline Replacement Project (River Rd to Stagecoach Dr) were advertised on December 1, 2022 with a bid opening date of January 10, 2023. A total of twelve (12) bids were received with proposals ranging in value from $1,347,347 to $3,700,310. The bid summary analysis has been attached for Council’s review (See Bid Summary). The Bluff Street Waterline Replacement Project entails the installing approximately 4,860 linear feet of new 8-Inch Ductile Iron waterline within the entire length of Bluff Street, between Stagecoach Drive and River Road. This proposed waterline will replace the existing 8-Inch water main within this reach on Bluff Street (see Project Exhibit).

Staff has reviewed all the bids submitted and determined Borden Excavating Inc. of Calimesa, California as being the lowest responsible bidder in the amount of $1,347,347 (see Bid Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements. The

contractor has the experience to complete the required construction activities for the Bluff Street Waterline Replacement Project and staff was very satisfied with their previous work installing the new water mainline on Hillside Avenue from Sixth St to Fifth St.

FISCAL IMPACT:

The Bluff Street Waterline Project was approved as a Capital Improvement Project (CIP) in the Water Fund for Fiscal Year 2021-2022. Total costs incurred to date are $70,258 (Design). Funds in the amount of $1,525,000 were budgeted for Fiscal Year 2022-2023 (Project No. 4706.37; 144.950.43210 & 144.950.43210.30) which is sufficient to fund the lowest bidder bid amount including the 10% contingency.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Bluff Street Waterline Replacement Project is consistent with Strategic Direction #5 - "Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets."
REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Project Exhibit
Bid Summary
Proposal
Contract

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty Borden Excavating Dominguez GeneralEngineering
MCC EquipmentRentals
KirtleyConstruction,Inc. dba TKConstruction
1 Mobilization for Project in accordance with
Specifications at (Max 3% of Total Base Bid)
LS 1 $14,017.00 $10,000.00 $34,787.00 $35,000.00
2 Traffic Control Plans
& Construction Devices (Includes
Engineered Traffic Control Plan)
LS 1 $2,000.00 $8,000.00 $38,517.00 $6,500.00
3 Water Pollution Control Compliance (Includes
Engineered LUP)
LS 1 $1,000.00 $5,000.00 $4,700.00 $2,200.00
4 Remove and Dispose of Existing Valve (Mainline
& Ex.

FH ‐ Size Per Plan)
EA 22 $22,000.00 $11,000.00 $26,950.00 $28,600.00
5 Abandon Existing
8‐Inch Waterline (Incl. Laterals) Per
C.O.N. STD. SPEC 5‐09 (Slurry)
LF 4970 $14,910.00 $29,820.00 $30,565.50 $21,371.00
6 Remove Existing Fire Hydrant and
6‐Inch Riser to 90°
Elbow (Removing Elbow Upon 6” Pipeline
Abandonment)
EA 11 $4,400.00 $11,000.00 $15,070.00 $17,600.00
7 Construct
8‐Inch D.I.P. Class 350 Waterline with Trench
Bedding (including trench street cut, excavation,
bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all
appurtenances, testing plates, blow offs, ports, etc.) Per LF 4860 $714,420.00 $826,200.00 $922,476.60 $923,400.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty Borden Excavating Dominguez GeneralEngineering
MCC EquipmentRentals
KirtleyConstruction,Inc. dba TKConstruction
8 Construct Replacement 1‐Inch Water Service Installation Per C.O.N. STD. Plan No. 410 ‐ Reconnecting Existing
Water Meters
& Removing Interfering Portions of
Existing Service (Field Verify Location)
EA 63 $157,500.00 $144,900.00 $128,835.00 $242,550.00
9 Construct New 1‐Inch Water Service Installation Per
C.O.N. STD. Plan No. 410
– Including new 1” water
meter per Water Spec
4‐12 (Field Verify Location)
EA 17 $39,100.00 $42,500.00 $42,755.00 $59,500.00
10 Install Gate Valve (Flange
X M.J.) with Standard Valve
Box Assembly Per C.O.N. Std. Plan 470 (Size Per Plan)
EA 15 $48,000.00 $37,500.00 $43,725.00 $39,000.00
11 Install 1‐Inch Combination Air Release Valve Assembly Per C.O.N. STD. Plan No. 442 at
EA 3 $16,500.00 $21,000.00 $31,200.00 $20,100.00
12 Construct Standard Fire Hydrant Installation Per C.O.N.

STD. Plan No. 430 with Concrete Bollards Per C.O.N.

STD. No. 431
EA 17 $238,000.00 $238,000.00 $221,000.00 $200,600.00
13 Construct connection
@ Stagecoach Drive per Detail 1,
Sheet
7 and applicable C.O.N Standards
LS 1 $9,000.00 $5,000.00 $12,700.00 $12,900.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty Borden Excavating Dominguez GeneralEngineering
MCC EquipmentRentals
KirtleyConstruction,Inc. dba TKConstruction
14 Construct connection
@ Corral Street and associated
lateral piping per Detail 2, Sheet
7 and applicable C.O.N
Standards.

LS 1 $12,000.00 $7,000.00 $16,900.00 $18,000.00
15 Construct connection
@ Vista Court, associated lateral
piping, and cross gutter replacement per Detail 3, Sheet 7 and applicable C.O.N Standards.

LS 1 $14,000.00 $7,000.00 $12,500.00 $18,200.00
16 Construct connection
@ Lookout Point, associated
lateral piping, and cross gutter replacement per Detail 4, Sheet
7 and applicable C.O.N Standards.

LS 1 $15,000.00 $10,000.00 $13,000.00 $16,200.00
17 Construct connection
@ Wagon Wheel Road, associated
lateral piping, and cross gutter replacement per Detail 5, Sheet
7 and applicable C.O.N Standards.

LS 1 $15,000.00 $10,000.00 $13,250.00 $23,200.00
18 Construct connection
@ River Road per Detail 6, Sheet
7, traffic loop replacement, and per applicable C.O.N
Standards. Per Lump Sum
LS 1 $10,500.00 $12,000.00 $11,500.00 $18,500.00
Subtot $1,347,347.00 $1,435,920.00 $1,620,431.10 $1,703,421.00 Total $1,347,347.00 $1,435,920.00 $1,620,431.10 $1,703,421.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with
Specifications at (Max 3% of Total Base Bid)
LS 1
2 Traffic Control Plans
& Construction Devices (Includes
Engineered Traffic Control Plan)
LS 1
3 Water Pollution Control Compliance (Includes
Engineered LUP)
LS 1
4 Remove and Dispose of Existing Valve (Mainline
& Ex.

FH ‐ Size Per Plan)
EA 22
5 Abandon Existing
8‐Inch Waterline (Incl. Laterals) Per
C.O.N. STD. SPEC 5‐09 (Slurry)
LF 4970
6 Remove Existing Fire Hydrant and
6‐Inch Riser to 90°
Elbow (Removing Elbow Upon 6” Pipeline
Abandonment)
EA 11
7 Construct
8‐Inch D.I.P. Class 350 Waterline with Trench
Bedding (including trench street cut, excavation,
bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all
appurtenances, testing plates, blow offs, ports, etc.) Per LF 4860
Big Ben Inc. GCI Construction
BONADIMANWATER KANA PIPELINE T.E. Roberts
$50,000.00 $56,000.00 $20,000.00 $60,000.00 $38,958.00$40,000.00 $22,000.00 $140,000.00 $45,000.00 $33,448.00 $1,500.00 $8,700.00 $5,000.00 $6,000.00 $16,052.00$7,700.00 $52,800.00 $22,000.00 $21,120.00 $142,846.00 $39,760.00 $25,347.00 $24,850.00 $44,730.00 $39,760.00
$8,250.00 $13,200.00 $11,000.00 $29,700.00 $79,376.00
$1,030,320.00 $1,001,160.00 $1,044,900.00 $1,224,720.00 $1,132,380.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 8 Construct Replacement 1‐Inch Water Service Installation Per C.O.N. STD. Plan No. 410 ‐ Reconnecting Existing
Water Meters
& Removing Interfering Portions of
Existing Service (Field Verify Location)
EA 63
9 Construct New 1‐Inch Water Service Installation Per
C.O.N. STD. Plan No. 410
– Including new 1” water
meter per Water Spec
4‐12 (Field Verify Location)
EA 17
10 Install Gate Valve (Flange
X M.J.) with Standard Valve
Box Assembly Per C.O.N. Std. Plan 470 (Size Per Plan)
EA 15
11 Install 1‐Inch Combination Air Release Valve Assembly Per C.O.N. STD. Plan No. 442 at
EA 3
12 Construct Standard Fire Hydrant Installation Per C.O.N.

STD. Plan No. 430 with Concrete Bollards Per C.O.N.

STD. No. 431
EA 17
13 Construct connection
@ Stagecoach Drive per Detail 1,
Sheet
7 and applicable C.O.N Standards
LS 1
Big Ben Inc. GCI Construction
BONADIMANWATER KANA PIPELINE T.E. Roberts
$179,550.00 $226,800.00 $157,500.00 $220,500.00 $177,912.00 $71,400.00 $45,900.00 $54,400.00 $61,200.00 $134,283.00$60,000.00 $52,500.00 $52,500.00 $62,400.00 $90,765.00$16,500.00 $16,800.00 $15,000.00 $15,120.00 $36,690.00 $255,000.00 $259,420.00 $255,000.00 $324,700.00 $299,370.00 $7,500.00 $8,600.00 $4,000.00 $20,800.00 $29,327.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 14 Construct connection
@ Corral Street and associated
lateral piping per Detail 2, Sheet
7 and applicable C.O.N
Standards.

LS 1
15 Construct connection
@ Vista Court, associated lateral
piping, and cross gutter replacement per Detail 3, Sheet 7 and applicable C.O.N Standards.

LS 1
16 Construct connection
@ Lookout Point, associated
lateral piping, and cross gutter replacement per Detail 4, Sheet
7 and applicable C.O.N Standards.

LS 1
17 Construct connection
@ Wagon Wheel Road, associated
lateral piping, and cross gutter replacement per Detail 5, Sheet
7 and applicable C.O.N Standards.

LS 1
18 Construct connection
@ River Road per Detail 6, Sheet
7, traffic loop replacement, and per applicable C.O.N
Standards. Per Lump Sum
LS 1
Subtot
Total
Big Ben Inc. GCI Construction
BONADIMANWATER KANA PIPELINE T.E. Roberts
$10,000.00 $8,600.00 $16,000.00 $22,200.00 $52,694.00$15,000.00 $13,000.00 $18,000.00 $22,200.00 $54,342.00$15,000.00 $17,000.00 $18,000.00 $22,900.00 $54,613.00$15,000.00 $14,000.00 $18,000.00 $22,200.00 $58,293.00$12,000.00 $15,000.00 $14,000.00 $20,700.00 $44,899.00 $1,834,480.00 $1,856,827.00 $1,890,150.00 $2,246,190.00 $2,516,008.00$1,834,480.00 $1,856,827.00 $1,890,150.00 $2,246,190.00 $2,516,008.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with
Specifications at (Max 3% of Total Base Bid)
LS 1
2 Traffic Control Plans
& Construction Devices (Includes
Engineered Traffic Control Plan)
LS 1
3 Water Pollution Control Compliance (Includes
Engineered LUP)
LS 1
4 Remove and Dispose of Existing Valve (Mainline
& Ex.

FH ‐ Size Per Plan)
EA 22
5 Abandon Existing
8‐Inch Waterline (Incl. Laterals) Per
C.O.N. STD. SPEC 5‐09 (Slurry)
LF 4970
6 Remove Existing Fire Hydrant and
6‐Inch Riser to 90°
Elbow (Removing Elbow Upon 6” Pipeline
Abandonment)
EA 11
7 Construct
8‐Inch D.I.P. Class 350 Waterline with Trench
Bedding (including trench street cut, excavation,
bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all
appurtenances, testing plates, blow offs, ports, etc.) Per LF 4860
Ferreira
Construction Co, IncDBA FerreiraCoastalConstruction
Hemet ManufacturingCompany, Inc. dbaGenesis Construction RiversideConstructionCompany, Inc.
$80,000.00 $88,000.00 $105,000.00$63,000.00 $39,930.00 $75,000.00 $3,120.00 $24,200.00 $25,000.00
$11,638.00 $33,550.00 $66,000.00$24,850.00 $49,700.00 $64,610.00$16,500.00 $32,670.00 $60,500.00 $1,511,460.00 $1,618,380.00 $2,041,200.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 8 Construct Replacement 1‐Inch Water Service Installation Per C.O.N. STD. Plan No. 410 ‐ Reconnecting Existing
Water Meters
& Removing Interfering Portions of
Existing Service (Field Verify Location)
EA 63
9 Construct New 1‐Inch Water Service Installation Per
C.O.N. STD. Plan No. 410
– Including new 1” water
meter per Water Spec
4‐12 (Field Verify Location)
EA 17
10 Install Gate Valve (Flange
X M.J.) with Standard Valve
Box Assembly Per C.O.N. Std. Plan 470 (Size Per Plan)
EA 15
11 Install 1‐Inch Combination Air Release Valve Assembly Per C.O.N. STD. Plan No. 442 at
EA 3
12 Construct Standard Fire Hydrant Installation Per C.O.N.

STD. Plan No. 430 with Concrete Bollards Per C.O.N.

STD. No. 431
EA 17
13 Construct connection
@ Stagecoach Drive per Detail 1,
Sheet
7 and applicable C.O.N Standards
LS 1
Ferreira
Construction Co, IncDBA FerreiraCoastalConstruction
Hemet ManufacturingCompany, Inc. dbaGenesis Construction RiversideConstructionCompany, Inc.
$224,280.00 $220,752.00 $390,600.00
$74,800.00 $64,345.00 $105,400.00$63,000.00 $48,945.00 $90,000.00$24,900.00 $31,899.00 $36,000.00 $396,100.00 $273,564.00 $391,000.00
$23,400.00 $39,600.00 $25,000.00

City of Norco
Bid Results for Project Bluff Street Waterline Replacement Project (4706.37) Issued on 12/01/2022Bid Due on January 10, 2023 12:00 PM (PST) Exported on 01/10/2023
Line Totals (Unit Price * Quantity)Item Description Unit Qty 14 Construct connection
@ Corral Street and associated
lateral piping per Detail 2, Sheet
7 and applicable C.O.N
Standards.

LS 1
15 Construct connection
@ Vista Court, associated lateral
piping, and cross gutter replacement per Detail 3, Sheet 7 and applicable C.O.N Standards.

LS 1
16 Construct connection
@ Lookout Point, associated
lateral piping, and cross gutter replacement per Detail 4, Sheet
7 and applicable C.O.N Standards.

LS 1
17 Construct connection
@ Wagon Wheel Road, associated
lateral piping, and cross gutter replacement per Detail 5, Sheet
7 and applicable C.O.N Standards.

LS 1
18 Construct connection
@ River Road per Detail 6, Sheet
7, traffic loop replacement, and per applicable C.O.N
Standards. Per Lump Sum
LS 1
Subtot
Total
Ferreira
Construction Co, IncDBA FerreiraCoastalConstruction
Hemet ManufacturingCompany, Inc. dbaGenesis Construction RiversideConstructionCompany, Inc.
$28,000.00 $42,900.00 $50,000.00$29,800.00 $42,020.00 $50,000.00$29,900.00 $45,870.00 $50,000.00$31,000.00 $56,870.00 $50,000.00$33,000.00 $39,600.00 $25,000.00 $2,668,748.00 $2,792,795.00 $3,700,310.00$2,668,748.00 $2,792,795.00 $3,700,310.00

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1 /2) of one percent (1 %) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.

Name Under
Which Sub
Contractor is License
Licensed Number
776306
Superior Pavement Markings, Inc.

All American Asphalt 267073
Cell - Crete Corp 243404
DIR
Number
1000001476
1000001051
1000000262
Address of
Office
Specific
Description of
Sub Contract
Work
5312 Cypress St
Cypress, Ca 90630
Striping
PO Box 2229
Corona CA Paving
% of Total
Bid
135 E Railroad Ave •
Monrovia Ca 91016 Pipe Abandonment
If the bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid non responsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
01/10/23 Borden Excavating Inc.

Bidder
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.52

4.8 1.2

Fourteen Thousand Seventeen Dollars and No Cents
14,017.00 14,017.00
Two Thousand Dollars and No Cents 2,000.00 2,000.00
1,000.00 1,000.00
1,000.00 1,000.00
One Thousand Dollars and No Cents
One Thousand Dollars and No Cents

3.00 14,910.00 Three Dollars and No Cents
400.00 4,400.00
Four Hundred Dollars and No Cents

147.00 714,420.00
One Hundred Forty Seven Dollars and No Cents
2,500.00 157,500.00
Two Thousand Five Hundred Dollars and No Cents
2,300.00 39,100.00
Two Thousand Three Hundred Dollars and No Cents
3,200.00 48,000.00
Three Thousand Two Hundred Dollars and No Cents
5,500.00 16,500.00 Five Thousand Five Hundred Dollars and No Cents

14,000.00 238,000.00
Fourteen Thousand Dollars and No Cents
9,000.00 9,000.00 Nine Thousand Dollars and No Cents
12,000.00 12,000.00
Twelve Thousand Dollars and No Cents
14,000.00 14,000.00
Fourteen Thousand Dollars and No Cents
15,000.00 15,000.00
Fifteen Thousand Dollars and No Cents

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CITY OF NORCO

BLUFF STREET WATERLINE REPLACEMENT PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 1st day of February, 2023 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Borden Excavating Inc., a corporation with its principal place of business at 1014 2nd St., Calimesa, CA 92320 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Bluff Street Waterline Replacement Project on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in constructing water improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Bluff Street Waterline Replacement Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Bluff Street Waterline Replacement Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 90 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Bryce Borden – Vice-President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business
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License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:

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$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.

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(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and

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procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City.

If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and

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Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Borden Excavating Inc.
1014 2nd St.,
Calimesa, CA, 92320
Attention: Bryce Borden - Vice President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall

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apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,

privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

CA-11 Page 137 of 514
CA-12
Name of Contractor: Borden Excavating Inc.
*By:
_________________________________________
Signature
Bryce Borden, Vice President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgment
OWNER: CITY OF NORCO, a municipal corporation
*By:
__________________________________________
Robin Grundmeyer
Mayor
ATTEST:
__________________________________________
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
__________________________________________
Harper & Burns, LLC
City Attorney

CA-13

EXHIBIT A
Scope of Bluff Street Waterline Replacement Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 4,860 linear feet of new 8-Inch Ductile Iron (DI) waterline within the entire length of Bluff Street, between Stagecoach Drive and River Road. This proposed waterline will replace the existing 8-Inch water main within this reach on Bluff Street. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

CA-13

EXHIBIT B
Proposal Document

CA-14

CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

BLUFF STREET WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 4,860 linear feet of new 8-Inch Ductile Iron (DI) waterline within the entire length of Bluff Street, between Stagecoach Drive and River Road. This proposed waterline will replace the existing 8-Inch water main within this reach on Bluff Street. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

CA-15
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2023.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact

CA-16
The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

CA-17
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

CA-18

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

BLUFF STREET WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 4,860 linear feet of new 8-Inch Ductile Iron (DI) waterline within the entire length of Bluff Street, between Stagecoach Drive and River Road. This proposed waterline will replace the existing 8-Inch water main within this reach on Bluff Street. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

CA-19
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 20__.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________

CA-20
By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________

CA-21
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on 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.

Signature (SEAL)
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

CA-22

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

CA-23

9. Description of Project:

BLUFF STREET WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 4,860 linear feet of new 8-Inch Ductile Iron (DI) waterline within the entire length of Bluff Street, between Stagecoach Drive and River Road. This proposed waterline will replace the existing 8-Inch water main within this reach on Bluff Street. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73),

CA-24
Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

CA-25
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

CA-26

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this

CA-27
policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

CA-28
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________

CA-29
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

CA-30
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

City Council

STAFF REPORT
Date: February 1, 2023 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Acceptance of Bids and Award of Contract for the Citywide ADA Improvement Project RECOMMENDATION:

Accept bids and Award the contract to CT&T Concrete Paving, Inc. for the Citywide ADA Improvement Project in the amount of $205,000 and authorize the City Manager to approve contract change orders up to 10% of the original contract.

SUMMARY:

In 2021, the City of Norco hired a Certified Access Specialist (CASp) to inspect City building and sites for compliance with applicable state and federal construction-related accessibility standards. Inspections found in the CASp report guided staff in determining areas for ADA improvements. In addition, staff assesses problems reported by citizens or identified as a result of a tripping hazard.

The Citywide ADA Improvement Project consists of the removal and replacement of concrete walkways at both the Wayne Makin Sports Complex and the Rose M. Eldridge Senior Center. Staff identified 34 walkway locations at both facilities that have been damaged by tree roots or other factors that should be improved for the safety of facility users (Attachment A).

The Citywide ADA Improvement Project will improve the accessibility and safety for facility users. The project will likely reduce the opportunity for trip and fall claims in the City of Norco, thereby becoming an integral part of the City's Risk Management Plan.

BACKGROUND:

On December 15, 2022, staff released the Notice of Inviting Bids for the Citywide ADA Improvement Project. On January 13, 2023 bids were received on the City's electronic bidding services website, PlanetBids. Ten bids were received that ranged from $205,000 to $355,990, noted on attached bid results (Attachment B).

CT&T Concrete Paving, Inc. was the lowest responsible bidder in the amount of $205,000 (attached Proposal). CT&T has provided cement and masonry work for the Southern California area for over 20 years. CT&T has provided similar work to the cities of Rialto, Moreno Valley, Glendora, and Duarte. Staff has verified that CT&T has a valid Class A California State Contractors License to perform the work described in the Notice of Inviting Bids for the project.

The Fiscal Year 2022-2023 Capital Improvement Budget includes an approved budget amount of $400,000 for the Citywide ADA Improvement Project. The total cost for this project including a 10% contingency is $225,500. If approved, CT&T will start the concrete replacement project by the end of the month and will complete the project 45 days after the Notice to Proceed.

FISCAL IMPACT:

The Citywide ADA Improvement Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-2023. $400,000 in Measure R Funds were appropriated in account 132.910.43115 for the Citywide ADA Improvement Project, Project No. 54300.2 and are sufficient to fund the project.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Attachment A
Attachment B
Proposal
Contract

City of Norco
Citywide ADA Improvement Project
Locations: Senior Center and Wayne Makin Sports Complex Location Length Width SF R&R Notes
NO. 1 - Senior Center 45 5 225 4" Root Prune and Root Barrier Installation NO. 2 - Senior Center 95 6 570 4" Root Prune and Root Barrier Installation (2 Trees) NO. 3 - Senior Center 9 6 54 4" Root Prune and Root Barrier Installation (1 Tree) NO. 4 - Senior Center 20 11 220 4" Remove and Replace benches and Tie Down Locks NO. 5 - Senior Center 110 6 660 4" Root Prune and Root Barrier Installation (4 Trees) NO. 6 - Senior Center 7 10 70 4"
NO. 7 - Senior Center 8 10 80 4" Install new 4" concrete pad NO. 8 - Senior Center 10 6 60 4"
NO. 9 - Senior Center 12 6 72 4" Root Prune and Root Barrier Installation (1 Tree) NO. 10 - Senior Center 18 6 108 4" Root Prune and Root Barrier Installation (1 Tree) NO. 11 - Senior Center 20 10 200 4" R&R ADA Ramp
NO. 12 - Senior Center 12 7 84 8" 8" Concrete R&R
NO. 13 - Wayne Makin 36 6 216 4"
NO. 14 - Wayne Makin 45 5 225 4" Root Prune and Root Barrier Installation (2 Trees) NO. 15 - Wayne Makin 10 5 50 4" Root Prune and Root Barrier Installation (1 Tree) NO. 16 - Wayne Makin 30 5 150 4"
NO. 17 - Wayne Makin 10 8 80 4" Root Prune and Root Barrier Installation (1 Tree) NO. 18 - Wayne Makin 21 12 252 8" R&R Concrete and install ADA accessable railing for snackbar NO. 19 - Wayne Makin 45 5 225 4" Root Prune and Root Barrier Installation (1 Tree) 10 5 50 4"
NO. 20 - Wayne Makin 16 5 80 4"
NO. 21 - Wayne Makin 37 2 74 4" Install new 4" concrete pad 37 3 111 4" R&R
NO. 22- Wayne Makin 80 5 400 4"
NO. 23 - Wayne Makin 70 5 350 4" Root Prune and Root Barrier Installation (2 Trees) NO. 24 - Wayne Makin 30 5 150 4"
NO. 25 - Wayne Makin 52 5 260 4"
8 5 40 4"
NO. 26 - Wayne Makin 10 7 70 4"
NO. 27 - Wayne Makin 15 7 105 4"
NO. 28 - Wayne Makin 10 6 60 4"
NO. 29 - Wayne Makin 15 5 75 4"
NO. 30 - Wayne Makin 43 5 215 4"
3 5 15 4"
NO. 31 - Wayne Makin 21 5 105 4"
NO. 32 - Wayne Makin 14 5 70 4"
NO. 33 - Wayne Makin 35 34 1190 4"
NO. 34 - Wayne Makin 36 15 540 4" Install 20x3 ADA Truncated Dome (Surface Applied)

City of Norco
Bid Results for Project CITYWIDE ADA IMPROVEMENT PROJECT No. 54300.2 – CONCRETE WALKWAY REPLACEMET (54300.2) Issued on 12/15/2022
Bid Due on January 17, 2023 10:00 AM (PST)
Description
Unit of
Measure Quantity
CT&T Concrete
Paving Inc.

RG General
Engineering,
Inc.

Aneen
Construction,
Inc.

Onyx Paving
Company, Inc.

Grigolla & Sons
Construction
Company Inc.

LC Paving &
Sealing, Inc. Cinbad Industry
Gentry General
Engineering, Inc.

FALKON

CONSTRUCTION,
INC

EBS GENERAL

ENGINEERING,
INC
Clearing, Grubbing, Mobilization, and
NPDES/SWPP Requirements LS 1 $35,000.00 $23,191.00 $30,000.00 $52,390.00 $60,000.00 $65,450.00 $10,000.00 $13,500.00 $12,500.00 $47,500.00 R&R 4" PCC Walkways SF 7350 $117,600.00 $117,600.00 $117,600.00 $102,900.00 $119,437.50 $106,575.00 $147,000.00 $205,800.00 $202,713.00 $117,600.00 R&R 8" PCC Walkways SF 340 $6,120.00 $6,120.00 $6,120.00 $7,480.00 $6,120.00 $10,370.00 $10,200.00 $16,320.00 $23,358.00 $10,880.00 Installation of 4" PCC Walkway/Pad SF 191 $2,865.00 $3,438.00 $2,674.00 $5,730.00 $1,910.00 $4,393.00 $4,202.00 $5,157.00 $14,873.17 $10,505.00 Installation of ADA Curb Ramp (300 SF Each) EA 2 $15,600.00 $17,000.00 $8,000.00 $18,000.00 $11,000.00 $13,400.00 $30,000.00 $26,000.00 $23,412.32 $27,560.00 Installation of 20x3 ADA Surface Applied
Truncated Domes EA 2 $7,800.00 $13,102.00 $4,800.00 $4,000.00 $1,600.00 $7,400.00 $10,000.00 $7,000.00 $4,000.00 $3,520.00 Root Pruning (As Needed) LS 1 $6,500.00 $6,819.00 $10,000.00 $12,000.00 $25,000.00 $18,500.00 $10,000.00 $4,100.00 $3,200.00 $10,425.00 Root Barrier (20' Length) EA 20 $2,000.00 $7,880.00 $20,000.00 $24,000.00 $26,000.00 $14,020.00 $20,000.00 $7,400.00 $12,750.00 $23,000.00 Installation of ADA Accessible Railing for Snack
bar Approximately 20 LF LS 1 $3,800.00 $4,546.00 $10,000.00 $8,500.00 $6,000.00 $12,320.00 $20,000.00 $12,800.00 $17,200.00 $12,650.00 Grass Repair/Sprinkler Repair As Needed For
Construction Damage LS 1 $7,500.00 $10,607.00 $10,000.00 $18,000.00 $9,999.50 $18,480.00 $10,000.00 $11,000.00 $1,130.00 $92,350.00 Total $204,785.00 $210,303.00 $219,194.00 $253,000.00 $267,067.00 $270,908.00 $271,402.00 $309,077.00 $315,136.49 $355,990.00

Data current as of 1/24/2023 5:38:53 PM
Home | Online Services | License Details
Contractor's License Detail for License # 875627
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.

Business Information

CT & T CONCRETE PAVING INC
324 S DIAMOND BAR BLVD
PMB 275
DIAMOND BAR, CA 91765
Business Phone Number:(909) 629-8000
Entity Corporation
Issue Date 04/05/2006
Expire Date 04/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Additional Status
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with SURETEC INSURANCE COMPANY.

Bond Number: 124368
Bond Amount: $25,000
Exective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual JOSE GUADALUPE CARVAJAL 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.

Exective Date: 10/30/2020
BQI's Bond History
Workers' Compensation
An employee service group holds the workers compensation insurance.

Policy Number:C51267904
Exective Date: 10/01/2022
Expire Date: 10/01/2023
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

The license may be suspended at a future date for failure to resolve an outstanding final liability from the Franchise Tax Board, Department of Industrial Relations, Employment Development Department, or the Contractors State License Board. 
 C12 - EARTHWORK AND PAVING
 C-8 - CONCRETE
 A - GENERAL ENGINEERING

Copyright © 2023 State of California
Other
 Personnel listed on this license (current or disassociated) are listed on other licenses.

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City of Norco
Citywide ADA Improvement Project
Locations: Senior Center and Wayne Makin Sports Complex Location Length Width SF R&R Notes
NO. 1 - Senior Center 45 5 225 4" Root Prune and Root Barrier Installation NO. 2 - Senior Center 95 6 570 4" Root Prune and Root Barrier Installation (2 Trees) NO. 3 - Senior Center 9 6 54 4" Root Prune and Root Barrier Installation (1 Tree) NO. 4 - Senior Center 20 11 220 4" Remove and Replace benches and Tie Down Locks NO. 5 - Senior Center 110 6 660 4" Root Prune and Root Barrier Installation (4 Trees) NO. 6 - Senior Center 7 10 70 4"
NO. 7 - Senior Center 8 10 80 4" Install new 4" concrete pad NO. 8 - Senior Center 10 6 60 4"
NO. 9 - Senior Center 12 6 72 4" Root Prune and Root Barrier Installation (1 Tree) NO. 10 - Senior Center 18 6 108 4" Root Prune and Root Barrier Installation (1 Tree) NO. 11 - Senior Center 20 10 200 4" R&R ADA Ramp
NO. 12 - Senior Center 12 7 84 8" 8" Concrete R&R
NO. 13 - Wayne Makin 36 6 216 4"
NO. 14 - Wayne Makin 45 5 225 4" Root Prune and Root Barrier Installation (2 Trees) NO. 15 - Wayne Makin 10 5 50 4" Root Prune and Root Barrier Installation (1 Tree) NO. 16 - Wayne Makin 30 5 150 4"
NO. 17 - Wayne Makin 10 8 80 4" Root Prune and Root Barrier Installation (1 Tree) NO. 18 - Wayne Makin 21 12 252 8" R&R Concrete and install ADA accessable railing for snackbar NO. 19 - Wayne Makin 45 5 225 4" Root Prune and Root Barrier Installation (1 Tree) 10 5 50 4"
NO. 20 - Wayne Makin 16 5 80 4"
NO. 21 - Wayne Makin 37 2 74 4" Install new 4" concrete pad 37 3 111 4" R&R
NO. 22- Wayne Makin 80 5 400 4"
NO. 23 - Wayne Makin 70 5 350 4" Root Prune and Root Barrier Installation (2 Trees) NO. 24 - Wayne Makin 30 5 150 4"
NO. 25 - Wayne Makin 52 5 260 4"
8 5 40 4"
NO. 26 - Wayne Makin 10 7 70 4"
NO. 27 - Wayne Makin 15 7 105 4"
NO. 28 - Wayne Makin 10 6 60 4"
NO. 29 - Wayne Makin 15 5 75 4"
NO. 30 - Wayne Makin 43 5 215 4"
3 5 15 4"
NO. 31 - Wayne Makin 21 5 105 4"
NO. 32 - Wayne Makin 14 5 70 4"
NO. 33 - Wayne Makin 35 34 1190 4"
NO. 34 - Wayne Makin 36 15 540 4" Install 20x3 ADA Truncated Dome (Surface Applied)

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CONTRACT AGREEMENT

CITY OF NORCO

CITYWIDE ADA IMPROVEMENT PROJECT
No. 54300.2

1. Parties and Date.

This Agreement is made and entered into this 1st day of February, 2023 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and CT&T Concrete Paving, Inc., a corporation with its principal place of business at 324 S. Diamond Bar Blvd. PMB 275, Diamond Bar, CA 91765 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of Citywide ADA Improvement Project No. 54300.2 – Concrete Walkway Replacement on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in concrete sidewalk walkway improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Citywide ADA Improvement Project No. 54300.2 – Concrete Walkway Replacement (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by Citywide ADA Improvement Project No. 54300.2 – Concrete Walkway Replacement. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

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3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 45 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Jose Carvajal, President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

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3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without

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limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general or policy aggregate
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

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The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and products/completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

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If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing

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apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference.

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Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: CT&T Concrete Paving Inc.
324 S. Diamond Bar Blvd. PMB 275
Diamond Bar, CA 91765
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with