Resolution No. 76541
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PT:N
27.
RESOLUTION NO. 7654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i
VERNON APPROVING AND AUTHORIZING AN AMENDMENT NO/
ONE TO CONTRACT NO. F02000 BY AND BETWEEN THE CITY
OF VERNON AND VCI TELCOM, INC. FOR PHASES II, III
AND IV OF THE CITY'S FIBER OPTICS SYSTEM
WHEREAS, pursuant to Resolution No. 7595 adopted on August 8,
2000, the City of Vernon entered into Contract No. F02000 ("Contract")
1with VCI Telcom, Inc. ("VCI Telcom") for the construction of the City's''
Utilities Communication System, Phases II, III and IV; and
WHEREAS, pursuant to the Contract, VCI Telcom was to provide
quality fiber optic cable for the City's Fiber Optic System, if
available, at the market price available at the time the Contract was
approved; and
WHEREAS, VCI Telcom has advised the City that it is unable to
provide the fiber optic cable at the price quoted in the Contract; and
WHEREAS, the Utilities Department staff has determined that
it can purchase the required fiber optic cable directly from another
supplier; and
WHEREAS, the Utilities Department staff has advised that
testing of the fiber optic cable will still be necessary, and that VCI
Telcom is willing to conduct such testing at a.price acceptable to the
City; and
WHEREAS, VCI Telcom and the City of Vernon desire to amend
the Contract to change the scope of work, the Contract price and to
incorporate the aforementioned changes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon.hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to Contract No. F02000, a copy of which
is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment No.
One for, and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a fully executed
Contract to:
VCI Telcom, Inc.
Attn. Brett A. Johnson, Vice President
P. 0. Box 3809
Rancho Cucamonga, CA 91729'
SECTION 5: The City Clerk of the City of Vernon shall certify
to the passage of this resolution, and thereupon and thereafter the
same shall be in full force and effect.
APPROVED AND ADOPTED this 7tn day of November, 2000.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, M yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7654, was duly adopted by the City Council of the City of Vernon at'a
regular meeting of the City Council duly held on Tuesday, November 7.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon. /
v
BRUCE V. MALKENHORST, City Clerk
(SEAL)
EXHIBIT
VA,
1 AMENDMENT NO. ONE TO CONTRACT NO. FO2000
2
3 THIS AMENDMENT NO. ONE TO CONTRACT FO2000(the "Amendment")
4 is made, entered into and executed in duplicate originals, either copy
5 of which may be considered and used as the original hereof for all
6 purposes, as of this day of November, 2000.
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BY AND BETWEEN THE CITY OF VERNON, a municipal
8 corporation (hereinafter referred to
as the "City")
9 4305 Santa Fe Avenue
Vernon, California 90058
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11 'AND VCI TELCOM, INC., a Delaware
Corporation (hereinafter referred to
12 as "VCI Telcom")
10575 Banana Avenue
13 Fontana, California 92337
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RECITALS
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WHEREAS, the City and VCI Telcom are parties to Contract FO
17
2000 dated August 8, 2000 (hereinafter referred to as the "Contract")
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with respect to the Construction of the City's Utilities Communication
19 System,.Phases II, III and IV; and
20 WHEREAS, pursuant to the Contract, VCI Telcom was to provide
21 quality fiber optic cable for the City's Fiber Optic System at the
22 market price available at the time of Contract approval; and
23 WHEREAS, VCI Telcom has advised the City that fiber optic
24 cable is unavailable at the price quoted in the Contract; and
25 WHEREAS, VCI Telcom's obligation to provide the fiber optic
26 cable under the Contract was made contingent upon the availability of
27 such cable in the market; and
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1 WHEREAS, the staff of the Utilities Department have
2 determined that it can purchase the required fiber optic cable
3 directly from another supplier; and
4 WHEREAS, the Utilities Department has determined that the
5 City requires the fiber optic cable as soon as possible in order to
6 avoid unnecessary delay of the construction of the City's fiber optic
7 system; and
8 WHEREAS, the City will still need to have the fiber optic
9 cable tested; and
10 WHEREAS, VCI Telcom has provided a price for the testing of
11 the fiber optic cable which is acceptable to the City; and
12 WHEREAS, the City and VCI Telcom desire to amend the
13 Contract to change the scope of the work, the Contract price and to
14 make the aforementioned changes.
15 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
16 THE PARTIES HERETO AGREE AS FOLLOWS:
17 SECTION 1: Section B of the Bid Schedule for Phase II of
18 the Contract Pricing Form shall be amended to eliminate the following:
19 "144 Strand OPS Fiber Optics Cable 60,000 $4.00 $240,000.00"
20 SECTION 2: Section B of the Bid Schedule for Phase III of
21 the Contract Pricing Form shall be amended to eliminate the following:
22 "144 Strand OPS Fiber Optics Cable 17,0001 $4.00 $68,000.00
23 SECTION 3: Section B of the Bid Schedule for Phase IV of
24 the Contract pricing Form shall be amended to eliminate the following:
25 "24 Strand OPS Fiber Optics Cable 2,000' $.95 $1,900.00"
26 SECTION 4: VCI Telcom shall also be required to test the
27 fiber optic cable purchased by the City for its fiber optics system.
28 The City will pay VCI Telcom a total of Four Thousand Thirty -Two
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Dollars and No Cents ($4,032.00) for the testing of four (4) reels of
fiber optic (80, of cable); Seven Dollars ($7.00) per strand.
SECTION 5: Section 4.1 of Article 4 entitled "Contract
Price" shall be amended to read as follows:
"For all Work other than Unit Price Work, a Lump Sum of:
Three Hundred Thirteen Thousand Nine Hundred Thirty -Two
Dollars and No Cents, including taxes.
(use words)
All specified cash allowances are included in the above
price and have been computed in accordance with
paragraph 11.8 of the General Conditions and the
Contract Pricing Form."
SECTION 6: In all other respects, the terms and conditions
of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the City and VCI Telcom have executed
this Amendment No. One as of the date first hereinabove set forth.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
By:
CITY OF VERNON
LEONIS C. MALBURG, Mayor
VCI TELCOM, INC.
By: A
Titl
27 By:
28 Titl
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OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: November 28, 2000
TO: Ken DeDario, Director of Utilities
Carol Dacey, Customer Svc & Information System Manager
Greg Tsujiuchi, Administrative Aide
FROM: Gloria J. OroeO ief Deputy City Clerk
RE: Resolution No.7654
Transmitted herewith is a fully executed duplicate original
amended copy of,the above mentioned resolution by and between
the City of Vernon and VCI Telcom, Inc. for phases II, III and
IV of the City's fiber optics system, which was approved by
Vernon City council on November 7, 2000.
The originals are being retained in this office for our files.
Thank you.
GJO:mt