Resolution No. 92421
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RESOLUTION NO. 9242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO CONTRACT NO. FO 2003 BY AND
BETWEEN THE CITY OF VERNON AND VCI TELCOM, INC.
RELATING TO THE FIBER OPTIC PROGRAM
WHEREAS, on July 2, 2003, the City Council of the City of
Vernon adopted Resolution No. 8237 approving and authorizing the
execution of Contract No. FO 2003, Fiber Optic Network Extension -City
Facilities -Phase V, dated July 2, 2003 (the "Contract") with VCI
Telcom, Inc. ("VCI") for optical fiber cable background construction,
remote facilities connections and construction of fiber optic network
extensions into interested business facilities within the City of
Vernon; and
WHEREAS, Schedule D of the Contract, Optional Task Pricing
Form, provides a budget of not to exceed $100,000.00 for the fiber
optic network extension work provided by VCI; and
WHEREAS, under the Contract which was signed over three
years ago, a number of buildings in the City have been connected to
the fiber optic network and the funds allocated for the task are
depleted; and
WHEREAS, the City of Vernon and VCI desire to amend Schedule
D of the Contract to establish a new budget of $150,000.00 for the
fiber optic network for City's use and Vernon business building
connections to internet services and to identify certain tasks that
were previously covered under miscellaneous items under the same terms
and conditions of the existing Contract; and
WHEREAS, the Director of Light & Power has recommended that
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an amendment to the Contract with VCI be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
CITY OF VERNON AS FOLLOWS:
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. FO 2003 with VCI, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Amendment for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Acting City Administrator, or his designee, to make
whatever nonsubstantive, administrative and/or text changes, upon
advice of counsel, to the Amendment.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Amendment to:
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. llth Street
Upland, CA 91786
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SECTION 6: The Acting 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 20th day of February, 2007.
ATTEST:
NUELA GIR N
Acting City Clerk
HILARIO GONZAL S, Mayor Pro-Tem
- 3 -
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
9242, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, February 20,
2007, and thereafter was duly signed by the Mayor Pro-Tem of the City
of Vernon.
ANUELA GIR N
Acting City Clerk
(SEAL)
- 4 -
EXHIBIT
VA&
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AMENDMENT NO. ONE TO
CONTRACT NO. FO 2003
THIS AMENDMENT NO. ONE TO CONTRACT NO. FO 2003 is made,
entered into and executed in duplicate originals, either copy of which
may be considered and used as the original hereof for all purposes, as
of this 2OTH day of February, 2007
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND VCI TELCOM, INC., a subsidiary of
Quanta Services, Inc.
(hereinafter referred to as "VCI
Telcom")
1921 W. llth Street
Upland, CA 91786
RECITALS
WHEREAS, the City and VCI Telcom are parties to Contract No.
FO 2003, Fiber Optic Network Extension -City Facilities -Phase V, dated
July 2, 2003 (hereinafter referred to as the "Contract") under which
VCI Telcom was to perform optical fiber cable background construction,
remote facilities connections and construction of fiber optic network
extensions into interested business facilities in the City; and
WHEREAS, Schedule D of the Contract, Optional Task Pricing
Form, provides a budget of not to exceed $100,000.00 for the fiber
optic network extension work; and
WHEREAS, over the past three years, a number of buildings
have been connected to the fiber optic network under Schedule D of the
Contract and the funds allocated for this task are now depleted; and
WHEREAS, VCI Telcom notified the City on February 14, 2007
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that it was willing to continue providing the fiber optic network
extension services under the same terms and conditions of the existing
Contract; and
WHEREAS, the City and VCI Telcom desire to amend Schedule D
of the Contract to better identify certain tasks that were previously
covered under miscellaneous items in order to expedite the invoicing
process and to provide for a new budget amount of not to exceed One
Hundred Fifty Thousand Dollars and No Cents ($150,000.00); and
WHEREAS, VCI Telcom shall continue to provide the fiber optic
network extension services under the same terms and conditions of the
existing Contract.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Schedule D of Contract No. FO 2003, Optional
Task Pricing Form, is hereby amended to provide a new budget of not to
exceed $150,000.00 for the fiber optic network extension work and to
clarify tasks previously covered under miscellaneous items in
accordance with the amended Schedule D of the Contract which is
attached hereto as Exhibit A and incorporated by reference under the
same terms and conditions of the Contract.
SECTION 2: In all other respects, the terms and conditions
of the Contract shall be renewed in its entirety.
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IN WITNESS WHEREOF, City and VCI Telcom have executed this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
HILARIO GONZALES, Mayor Pro-Tem
ATTEST:
MANUELA GIRON, Acting City Clerk
APPROVED AS TO FORM:
JEFF HARRISON, Acting City Attorney
VCI TELCOM, INC.
(which will do business in California
as Delaware VCI Telcom, Inc.)
By:
Print Name:
Title:
By:
Print Name:
Title:
- 3 -
EXHIBIT A
SCHEDULE D
CITY OF VERNON
FIBER OPTIC NETWORK EXTENSION
PHASE V - CONTRACT FO 2003
OPTIONAL TASK - BUSINESS EXTENSIONS
Purchase Order No. S0420
CONTRACT
Contract Item
SCHEDULE
,ription
A.
1
Stand and Hardware
2
Aerial Reber Placement
3
Overlash to Existing Plant
4
Delash and Relash
5
Down Guy to Existing Anchor Placement
6
Guard Arm Placement
7
Cable Arm Placement
8
5' Extension Arm Placement
9
8'-10' Extension Arm Placement
10
Aerial slack loon w/Snow shoes
11
Aerial splice Enclosure slack loop
12
Lower/Raise existing slack loo9p
13
Lower/Rasie existing Splice Enclosure
14
Rearrangement/Cable Move
15
Cable Marking w/City I.D. Information
16
Bonding
17
Dirt Anchor Placement
18
Concrete Anchor Placement
19 Miscellaneous Work (Itemize Separately and Show total price
20 Traffic Control Includes arrowboard/safety
21 OT 1 1/2 Rate Per Man Hour
Standby time for Building entrances (Crew Rate to be used per
22 application)
23 Pole to building -Self support slack span with stand
24 Building attachment
25 Fiber ran inside building
26 Service drop placement
27 Building Entrance Penitration
28 Place up two 3-1 1/4" innerducts <500'
29 Place up two 3-1 1/4" innerducts >500'
30 Fiber fusion splicing test and document (up to 6 fibers)
31 Fiber fusion splicing test and document (6 to 12 fibers)
32 Fiber fusion splicing -Document and test (12 to 36 fibers)
33 Fiber fusion splicing test and document ( over 36 fibers)
34 2 man hourly crew rate with equipment
35 3 Man Hourly Crew rate with equipment
36 4 Man hourly crew rate with equipment
37 Ring Cut/Mid Entry
38 Prep New Splicing Enclosure
39 Prep/Install 12 port rack mount Patch Panel
40 Terminate 12 Fibers in the new P.P.
41 Splices at the Splice Enclosure
42 Miscellaneous Work (Itemize Separately and Show total price)
43 Re -Entry existing Enclosure (each)
Unit Production Price
price Amount Extension
$ 0.67
$ -
$ 0.67
$ -
$ 0.75
$ -
$ 0.90
$ -
$ 46.00
$ -
$ 50.00
$ -
$ 110.00
$ -
$ 135.00
$ -
$ 260.00
$ -
$ 155.00
$ -
$ 220.00
$ -
$ 112.00
$ -
$ 112.00
$ -
$ 25.00
$ -
$ 2.00
$ -
$ 25.00
$ -
$ 385.00
$ -
$ 485.00
$ -
TBD
$ 80.00
$ -
$ 23.40
$ -
TBD
$ 3.00
$ -
$ 35.00
$ -
$ 3.50
$ -
$ 2.65
$ -
$ 65.00
$ -
$ 1.90
$ -
$ 1.45
$ -
$ 45.00
$ -
$ 40.00
$ -
$ 35.00
$ -
$ 32.00
$ -
$ 141.00
$ -
$ 184.00
$ -
$ 219.00
$ -
$ 125.00
$ -
$ 200.00
$ -
$ 100.00
$ -
$ 150.00
$ -
$ 40.00
$ -
TBD
125.00
$ -
SUPPORTING
DOCUMENTS
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 19, 2007
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11th Street
Upland, CA 91786
Re: Amendment No. One to Contract No. FO 2003
Dear Mr. Xanthos:
The insurance requirements have been met. Transmitted herewith is a
fully executed amendment as referenced above, approved by City Council
on February 20, 2007, through Resolution No. 9242.
If you have any questions regarding this matter, please call Mr. Ali
Nour, at (323) 583-8811 ext. 316.
Very truly yours,
Nelly Giron
Acting City Clerk
F�Cewra
c: Donal O'Callaghan
Ali Nour
Dolores Jaunzemis
Resolution No. 9242
Agreement File No. 07-016
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RESOLUTION NO. 9242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO CONTRACT NO. FO 2003 BY AND
BETWEEN THE CITY OF VERNON AND VCI TELCOM, INC.
RELATING TO THE FIBER OPTIC PROGRAM
WHEREAS, on July 2, 2003, the City Council of the City of
Vernon adopted Resolution No. 8237 approving and authorizing the
execution of Contract No. FO 2003, Fiber Optic Network Extension -City
Facilities -Phase V, dated July 2, 2003 (the "Contract") with VCI
Telcom, Inc. ("VCI") for optical fiber cable background construction,
remote facilities connections and construction of fiber optic network
extensions into interested business facilities within the City of
(Vernon; and
WHEREAS, Schedule D of the Contract, Optional Task Pricing
(Form, provides a budget of not to exceed $100,000.00 for the fiber
(optic network extension work provided by VCI; and
WHEREAS, under the Contract which was signed over three
years ago, a number of buildings.in the City have been connected to
Ithe fiber optic network and the funds allocated for the task are
depleted; and
WHEREAS, the City of Vernon and VCI desire to amend Schedule
ID of the Contract to establish a new budget of $150,000.00 for the
Ifiber optic network for City's use and Vernon business building
connections to internet services and to identify certain tasks that
were previously covered under miscellaneous items under the same terms
land conditions of the existing Contract; and
WHEREAS, the Director of Light & Power has recommended that
1 an amendment to the Contract with VCI be approved.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
3 CITY OF VERNON AS FOLLOWS:
4 SECTION 1: The City Council of the City of Vernon hereby
5 finds and determines that the recitals contained hereinabove are true
6 and correct.
7 SECTION 2: The City Council of the City of Vernon hereby
8 approves the Amendment No. One to Contract No. FO 2003 with VCI, in
9 substantially the same form as the copy which is attached hereto as
10 Exhibit A and incorporated by reference.
11 SECTION 3: The City Council of the City of Vernon hereby
12 authorizes the Mayor to execute said Amendment for, and on behalf of,
13 the City of Vernon and the Acting City Clerk is hereby authorized to
14 attest thereto.
15 SECTION 4: The City Council of the City of Vernon hereby
16 authorizes the Acting City Administrator, or his designee, to make
17 whatever nonsubstantive, administrative and/or text changes, upon
18 advice of counsel, to the Amendment.
19 SECTION 5: The City Council of the City of Vernon hereby
20 directs the Acting City Clerk, or his designee, to send one fully
21 executed Amendment to:
22 VCI Telcom, Inc.
Attn: John Xanthos, President
23 1921 W. llth Street
24 Upland, CA 91786
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SECTION 6: The Acting 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 20th day of February, 2007.
ATTEST:
ANUELA GIRION
Acting City Clerk
HILARIO GONZAL S, Mayor Pro-Tem
- 3 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 9242, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Tuesday, February 20,
8 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City
9 of Vernon.
10
11
ANUELA GIR N
12 Acting City Clerk
13
(SEAL)
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4 _
Foll
'642
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AMENDMENT NO. ONE TO
CONTRACT NO. FO 2003
THIS AMENDMENT NO. ONE TO CONTRACT NO. FO 2003 is made,
entered into and executed in duplicate originals, either copy of which
may be considered and used as the original hereof for all purposes, as
of this 20TH day of February, 2007
IBY AND BETWEEN
THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
VCI TELCOM, INC., a subsidiary of
Quanta Services, Inc.
(hereinafter referred to as 'VCI
Telcom")
1921 W. llth Street
Upland, CA 91786
- - r
WHEREAS, the City and VCI Telcom are parties to Contract No.
FO 2003, Fiber Optic Network Extension -City Facilities -Phase V, dated
July 2, 2003 (hereinafter referred to as the "Contract") under which
VCI Telcom was to perform optical fiber cable background construction,
remote facilities connections and construction of fiber optic network
extensions into interested business facilities in the City; and
WHEREAS, Schedule D of the Contract, Optional Task Pricing
Form, provides a budget of not to exceed $100,000.00 for the fiber
optic network extension work; and
WHEREAS, over the past three years, a number of buildings
have been connected to the fiber optic network under Schedule D of the
Contract and the funds allocated for this task are now depleted; and
WHEREAS, VCI Telcom notified the City on February 14, 2007
1 that it was willing to continue providing the fiber optic network
2 extension services under the same terms and conditions of the existing
3 Contract; and
4 WHEREAS, the City and VCI Telcom desire to amend Schedule D
5 of the Contract to better identify certain tasks that were previously
6 covered under miscellaneous items in order to expedite the invoicing
7 process and to provide for a new budget amount of not to exceed One
8 Hundred Fifty Thousand Dollars and No Cents ($150,000.00); and
9 WHEREAS, VCI Telcom shall continue to provide the fiber optic
10 network extension services under the same terms and conditions of the
11 existing Contract.
12 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
13 THE PARTIES HERETO AGREE AS FOLLOWS:
14 SECTION 1: Schedule D of Contract No. FO 2003, Optional
15 Task Pricing Form, is hereby amended to provide a new budget of not to
16 exceed $150,000.00 for the fiber optic network extension work and to
17 clarify tasks previously covered under miscellaneous items in
18 accordance with the amended Schedule D of the Contract which is
19 attached hereto as Exhibit A and incorporated by reference under the
20 same terms and conditions of the Contract.
21 SECTION 2: In all other respects, the terms and conditions
22 of the Contract shall be renewed in its entirety.
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IN WITNESS WHEREOF, City and VCI Telcom have executed this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
HILARIO GONZALES, Mayor Pro -Tern
FATTEST:
MANUELA GIRON, Acting City Clerk
APPROVED AS TO FORM:
JEFF HARRISON, Acting City Attorney
VCI TELCOM, INC.
(which will do business in California
as Delaware VCI Telcom, Inc.)
By:
Print Name:
Title:
By:
Print Name:
Title:
- 3 -
EXHIBIT A
SCHEDULE D
CITY OF VERNON
FIBER OPTIC NETWORK EXTENSION
PHASE V - CONTRACT FO 2003
OPTIONAL TASK - BUSINESS EXTENSIONS
Purchase Order No. SO420
CONTRACT
Contract Item
SCHEDULE
Description
A.
1
Stand and Hardware
2
Aerial Fieber Placement
3_
Overlash to Existing Plant
4
Delash and Relash
5
Down Guy to Existing Anchor Placement
6
Guard Arm Placement
7
Cable Arm Placement
8
5' Extension Arm Placement
9
8'-10' Extension Arm Placement
10
Aerial slack loop w/Snow shoes
11
Aerial splice Enclosure slack loop
12
Lower/Raise existing slack loo92
13
Lower/Rasie existing Splice Enclosure
14
Rearrangement/Cable Move
15
Cable Marking w/City I.D. Information
16
Bonding
17
Dirt Anchor Placement
18
Concrete Anchor Placement
19 Miscellaneous Work (Itemize Separately and Show total price
20 Traffic Control Includes arrowboard/safety
21 OT 1 12 Rate Per Man Hour
Standby time for Building entrances (Crew Rate to be used per
22 application)
23 Pole to building -Self support slack span with stand
24 Building attachment
25 Fiber ran inside building
26 Service drop placement
27 Building Entrance Penitration
28 Place up two 3-1 1/4" innerducts <500'
29 Place up two 3-1 1/4" innerducts >500'
30 Fiber fusion splicing test and document (up to 6 fibers)
31 Fiber fusion splicing -test and document (6 to 12 fibers)
32 Fiber fusion splicing -Document and test (12 to 36 fibers)
33 Fiber fusion -splicing -test and document ( over 36 fibers)
34 2 man hourly crew rate with equipment
35 3 Man Hourly Crew rate with equipment
36 4 Man hourly crew rate with equipment
37 Ring Cut/Mid Entry
38 Prep New Splicing Enclosure
39 Prep/install 12 port rack mount Patch Panel
40 Terminate 12 Fibers in the new P.P.
41 Splices at the Splice Enclosure
42 Miscellaneous Work (itemize Separately and Show total price)
43 Re -Entry existing Enclosure (each)
Unit
Price
Production Price
Amount Extension
$ 0.67
$ -
$ 0.67
$ -
$ 0.75
$ -
$ 0.90
$ -
$ 46.00
$ -
$ 50.00
$ -
$ 110.00
$ -
$ 135.00
$ -
$ 260.00
$ -
$ 155.00
$ -
$ 220.00
$ -
$ 112.00
$ -
$ 112.00
$ -
$ 25.00
$ -
$ 2.00
$ -
$ 25.00
$ -
$ 385.00
$ -
$ 485.00
$ -
TBD
$ 80.00
$ -
$ 23.40
$ -
TBD
$ 3.00
$ -
$ 35.00
$ -
$ 3.50
$
$ 2.65
$
$ 65.00
$ -
$ 1.90
$ -
$ 1.45
$ -
$ 45.00
$ -
$ 40.00
$ -
$ 35.00
$ -
$ 32.00
$ -
$ 141.00
$ -
$ 184.00
$ -
$ 219.00
$ -
$ 125.00
$
$ 200.00
$
$ 100.00
$ -
$ 150.00
$ -
$ 40.00
$ -
TBD
$ 125.00
$ -
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AMENDMENT NO. ONE TO
CONTRACT NO. FO 2003
THIS AMENDMENT NO. ONE TO CONTRACT NO. FO 2003 is made,
entered into and executed in duplicate originals, either copy of which
may be considered and used as the original hereof for all purposes, as
of this 20TH day of February, 2007
(BY AND BETWEEN
mI
THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
VCI TELCOM, INC., a subsidiary of
Quanta Services, Inc.
(hereinafter referred to as "VCI
Telcom")
1921 W. llth Street
Upland, CA 91786
RECITALS
WHEREAS, the City and VCI Telcom are parties to Contract No.
FO 2003, Fiber Optic Network Extension -City Facilities -Phase V, dated
July 2, 2003 (hereinafter referred to as the "Contract") under which
VCI Telcom was to perform optical fiber cable background construction,
remote facilities connections and construction of fiber optic network
extensions into interested business facilities in the City; and
WHEREAS, Schedule D of the Contract, Optional Task Pricing
Form, provides a budget of not to exceed $100,000.00 for the fiber
optic network extension work; and
WHEREAS, over the past three years, a number of buildings
have been connected to the fiber optic network under Schedule D of the
Contract and the funds allocated for this task are now depleted; and
28 11 WHEREAS, VCI Telcom notified the City on February 14, 2007
1 that it was willing to continue providing the fiber optic network
2 extension services under the same terms and conditions of the existing
3 Contract; and
4 WHEREAS, the City and VCI Telcom desire to amend Schedule D
5 of the Contract to better identify certain tasks that were previously
6 covered under miscellaneous items in order to expedite the invoicing
7 process and to provide for a new budget amount of not to exceed One
8 Hundred Fifty Thousand Dollars and No Cents ($150,000.00); and
9 WHEREAS, VCI Telcom shall continue to provide the fiber optic
10 network extension services under the same terms and conditions of the
11 existing Contract.
12 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
13 THE PARTIES HERETO AGREE AS FOLLOWS:
14 SECTION 1: Schedule D of Contract No. FO 2003, Optional
15 Task Pricing Form, is hereby amended to provide a new budget of not to
16 exceed $150,000.00 for the fiber optic network extension work and to
17 clarify tasks previously covered under miscellaneous items in
18 accordance with the amended Schedule D of the Contract which is
19 attached hereto as Exhibit A and incorporated by reference under the
20 same terms and conditions of the Contract.
21 SECTION 2: In all other respects, the terms and conditions
22 of the Contract shall be renewed in its entirety.
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IN WITNESS WHEREOF, City and VCI Telcom have executed this
IlAmendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
HILARIO GONZALES, Mayor Pro-Tem
TTEST:
N ELA GIR , Acting City Clerk
APPROVED- S TO FORM:
JE A ISON, ,4e? City Attorney
VCI TELCOM, INC.
(which will do business in California
AT*as VCI Telcom, Inc.)
A A
By:
Print me : John Xanthos
Title: President
By:
Print liant--: XV. Marovish _._.
Title: Assistant Treasure
- 3 -
EXHIBIT A
SCHEDULE D
CITY OF VERNON
FIBER OPTIC NETWORK EXTENSION
PHASE V - CONTRACT FO 2003
OPTIONAL TASK - BUSINESS EXTENSIONS
Purchase Order No. SO420
CONTRACT
Contract Item
SCHEDULE
Description
A.
1
Stand and Hardware
2
Aerial Fieber Placement
3
Overlash to Existing Plant
4
Delash and Relash
5
Down Guy to Existing Anchor Placement
6
Guard Arm Placement
7
Cable Arm Placement
8
5' Extension Arm Placement
9
8'-10' Extension Arm Placement
10
Aerial slack loop w/Snow shoes
11
Aerial splice Enclosure slack loop
12
Lower/Raise existing slack loo9p
13
Lower/Raise existing Splice Enclosure
14
Rearrangement/Cable Move
15
Cable Marking w/City I.D. Information
16
Bonding
17
Dirt Anchor Placement
18
Concrete Anchor Placement
19 Miscellaneous Work (Itemize Separately and Show total price
20 Traffic Control Includes arrowboard/safety
21 OT 1 1/2 Rate Per Man Hour
Standby time for Building entrances (Crew Rate to be used per
22 application)
23 Pole to building -Self support slack span with stand
24 Building attachment
25 Fiber ran inside building
26 Service drop placement
27 Building Entrance Penitration
28 Place up two 3-1 1/4" innerducts <500'
29 Place up two 3-1 1/4" innerducts >500'
30 Fiber fusion splicing -test and document (up to 6 fibers)
31 Fiber fusion splicing -test and document (6 to 12 fibers)
32 Fiber fusion splicing -Document and test (12 to 36 fibers)
33 Fiber fusion splicing -test and document ( over 36 fibers)
34 2 man houriy crew rate with equipment
35 3 Man Hourly Crew rate with equipment
36 4 Man hourly crew rate with equipment
37 Ring Cut/Mid Entry
38 Prep New Splicing Enclosure
39 Prep/Install 12 port rack mount Patch Panel
40 Terminate 12 Fibers in the new P.P.
41 Splices at the Splice Enclosure
42 Miscellaneous Work (Itemize Separately and Show total price)
43 Re -Entry existing Enclosure (each)
Unit Production
Price Amount
Price
Extension
$ 0.67
$ -
$ 0.67
$ -
$ 0.75
$
$ 0.90
$ -
$ 46.00
$ -
$ 50.00
$ -
$ 110.00
$ -
$ 135.00
$ -
$ 260.00
$ -
$ 155.00
$ -
$ 220.00
$ -
$ 112.00
$ -
$ 112.00
$ -
$ 25.00
$ -
$ 2.00
$ -
$ 25.00
$ -
$ 385.00
$ -
$ 485.00
$ -
TBD
$ 80.00
$ -
$ 23.40
$ -
TBD
$ 3.00
$ -
$ 35.00
$ -
$ 3.50
$ -
$ 2.65
$ -
$ 65.00
$ -
$ 1.90
$ -
$ 1.45
$ -
$ 45.00
$ -
$ 40.00
$ -
$ 35.00
$ -
$ 32.00
$ -
$ 141.00
$ -
$ 184.00
$ -
$ 219.00
$ -
$ 125.00
$ -
$ 200.00
$ -
$ 100.00
$ -
$ 150.00
$ -
$ 40.00
$ -
TBD
$ 125.00
$ -
er �
JVo y ,1 OFF
INTEROFFICE MEMORANDUM qq,,j
Light & Power Department
DATE: January 30, 2007 C�2— -
TO: Eric T. Fresch, Acting City Administrator
FROM: Donal O'Callaghan; Director of Light & Power
Fes. jZq Z
SUBJECT: VCI Telcom, Inc. Contract No. FO 2003 Amendment
I recommend an amendment to the Fiber Optic System Division's Contract No. FO 2003
to allocate additional $150,000.00 funds for the expansion of the fiber optic network for
City's use and Vernon business building connections to Internet Services.
Contract No. F02003 was signed three years ago with VCI Telcom, Inc. and included a
task which provided $100,000 fund for fiber optic expansions. To date, a number of
buildings have been connected to the fiber optic network using contract F02003 and the
original designated fund is now depleted.
The Department is in the process of interconnecting a number of new buildings in the
City for a fee and also plans to expand the city owned network for its use when required.
VCI Telcom, Inc. has been providing this service according to the Contract Fee Schedule
and has agreed to continue its service per fee schedule that was originally agreed upon in
2003.
Should you need additional information, please let me know.
DOClarn
Attachments
C: L& P Document Control -
Fiber Optic Contract F02003
Bey a n d B eay�we�e,n
Ci�t�y oaf I/e rn o n
7an,
ACH, Inc,, a S
V lvan#tea S�eruic�es, Inc,
TABLE OF CONTENTS
Page
A. INFORMATION FOR CONTRACTORS..................................A-1
1. General ...................................................A-1
2. Contract Documents.........................................A-1
3. License....................................................A-1
4. Proposals..................................................A-1
5. Contract and Bonds.........................................A-2
6. Addenda....................................................A-2
7. Insurance and Financial Requirements ....................... A-2
8. Preliminary Estimate.......................................A-3
9. Project Description........................................A-3
10.Project Map ................................................ A-5
B. CONTRACT PRICING FORM PROPOSAL TO THE CITY OF VERNON......... B-1
1. Proposal...................................................B-1
2. Contract Pricing Form......................................B-1
3. Materials ................................................B-3
4. Subcontractors ...........................................B-5
5. Bonds......................................................B-6
6. Principals ......... ...................... ..............B-6
7. License and Signature......................................B-7
8. Contractor's Qualifications................................B-7
C. CONTRACT.....................................................C-1
Article 1. GENERAL ................................. ........ C-1
Section 1. Scope of Work....................................C-1
Section 2. Consideration....................................C-1
Section 3. Payments.........................................C-1
(a)Progress Payments.......... ...........................C-1
(b)Final Payment ........ ...................................C-2
(c)Payment of the Retention ............ ...................C-2
Section 4. Contract Documents...............................C-2
Section 5. Compliance with Provisions of Law................C-2
Section 6. Costs and Attorney's Fees........................C-2
Section 7. Notices ........................... ....... ........C-3
Section 8. Conflict with Plans and Specifications ........... C-3
Section 9. Assignment ....................................... C-3
Section 10. Paragraph Headings..............................C-3
Section 11. Authority of the City's Representative .......... C-3
Article 2. INSURANCE, INDEMNIFICATION and BONDS ..............C-3
Section 12. Insurance.......................................C-3
Section 13. Indemnification.................................C-4
Section 14. Workers' Compensation ........................... C-4
Section 15. Labor and Material Bond .........................C-4
Section 16. Performance Bond .................. ............C-4
Article 3. PERFORMANCE.......................................C-5
Section 17. Time for Completion ............................. C-5
Section 18. Force Majeure...................................C-5
Section 19. Utility Relocation..............................C-5
Section 20.
Public Convenience..............................C-6
(a)Excavation Safety .......... ............................C-6
(b)Trenches........................................... ...C-7
(c)Removal
of Materials....................................C-7
(d)Closure
.................................................C-8
Section 22.
Extra Work......................................C-8
Section 23.
Clean Up ........................................
C-8
Section 24.
Materials.......................................C-8
(a)New Materials and Equipment .............................
C-8
(b)Inspection of Materials.................................C-8
(c)Defective Equipment or Materials ........................
C-9
(d)Storage
of Materials ....................................
C-9
Section 25.
Permits and Licenses ............................C-9
Section 26.
Land and Rights of Way ..........................C-9
Section 27.
Plans and.Drawings ...........................C-10
Section 28.
Shop Drawings Submitted by the Contractor ......
C-10
Section 29.
Supervision by the Contractor ..................C-11
Section 30.
Inspection of Work ............. ...............C-11
Section 31.
Suspension of Work.............................C-12
Section 32.
Correction of Defective and/or Unauthorized WorkC-12
Section 33.
Errors or Discrepancies Noted by the Contractor
C-12
Section 34.
Equipment......................................C-13
Article 4. MISCELLANEOUS....................................C-13
Section 35. Damages for Delay ................ ............C-13
Section 36. Guarantee......................................C-14
Section 37. Risk of Loss Prior to Final Acceptance ......... C-14
Section 38. Termination....................................C-14
(a)Termination (Contractor's Default).....................C-15
(b)Optional Termination of Contract by City (Contractor Not at
Fault) ........................ ........ ........... --- C-16
Section 39. Standard Specifications ........................C-16
D. BOND FORMS AND INSURANCE REQUIREMENTS ........................ D-1
THROUGH
D-11
E. SPECIAL PROVISIONS ......................................... E-1
THROUGH
E-8
F. SCHEDULES
Schedule A - Contract Pricing Form
Schedule B - Contract Pricing Form
Schedule C - Contract Pricing Form
Schedule D - Optional Task Pricing Form
G. APPENDICES - DETAILED PLANS AND SPECIFICATIONS
Appendix A - Project Map
Appendix B - Splice Enclosure Locations
Appendix C - Schedule Drawings C.1 thru C.12
Appendix D - Aerial Make Ready Sheets C.1, C.5 and C.7
Appendix E - Make Ready Plans Sheets 1 thru 7
Appendix F - Aerial Make Ready Sheets 1-13
Appendix G - Cable Testing Logs
ii
A. INFORMATION FOR CONTRACTORS
1. GENERAL
The work hereunder must be done in strict conformity with the
plans and specifications adopted and approved by the City for
Contract No. FO 2003.
2. CONTRACT DOCUMENTS
(a) The Contract Documents shall consist of the following:
Information for Contractors
Contract Pricing Form Proposal
Contract
Performance Bond
Labor and Material Bond
Proof of Insurance
Workers' Compensation Certificate
Special Provisions
Detailed Plans and Specifications
(b) All terms and conditions contained in the Contract
Documents shall become a part of the Contract entered into between
the Contractor and the City. The City Council of the City reserves
the right to reject any and all proposals, and to waive any and all
irregularities in any proposal.
3. LICENSE
A proposal submitted by a Contractor
accordance with the provisions of Division
Business and Professions Code of the State
be considered for award.
4. PROPOSALS
who is not licensed in
III, Chapter 9, of the
of California will not
(a) Proposals must be made in accordance with the following
instructions:
(1) Proposal shall be made on the Contract Pricing Form
Proposal furnished by the City as a part of Contract No. FO 2003.
The Proposal shall be properly executed with the signatures of all
signatories written in longhand. All blank items shall be filled
in. Numbers shall be spelled out and written in Arabic figures. If
the words and Arabic figures are different, the words shall be used
and the Arabic figures disregarded. Erasures, interlineations or
other corrections shall be authenticated by affixing next to the
mark or correction, or in the margin immediately adjacent thereto,
the initials of the signatory(ies) to the proposal. If the unit
price and the total amount set forth by a Contractor, for any item,
are not in the Contract Pricing Form Proposal, the unit price alone
shall be considered as representing the Contractor's intention, and
the totals shall be corrected to conform thereto.
- A-1 -
(2) Contractor must submit proposal on all of the
schedules set forth in the Contract Pricing Form Proposal.
(3) Proposal shall not contain any recapitulation of the
work to be done. Alternative proposals will not be considered
except as specified. Oral, telegraphic and/or telephonic proposals
or modifications will not be considered.
(b) Before submitting a proposal, Contractor shall: read
Contract No. FO 2003, especially the Special Provisions and
Appendices A-G, and all other Contract Documents with care; visit
the site of the work, and; be fully informed about all the existing
conditions and limitations. The Contractor should also be fully
aware of the bond and insurance requirements on the successful
Contractor. The proposal shall specify the amounts to cover the
cost of all items included in Contract No. FO 2003. No allowance
will be made because a Contractor failed to examine the Contract
Documents or obtain the requisite knowledge about the project prior
to submitting its proposal.
5. CONTRACT AND BONDS
(a) The form of Contract that the Proposer, as the
Contractor, will be required to execute is included in the Contract
Documents, and should be examined by the Contractor with care. The
Contract, bonds and other documents to be executed by the
Contractor shall be executed in original triplicate stamped
according to law. One original shall be filed with the City Clerk
and the others with the appropriate City departments.
(b) At the time the Contract is executed, the Contractor will
be required to furnish and maintain the following: (1) a Labor and
Material Bond in an amount equal to 100% of the Contract price and
(2) a faithful Performance Bond in an amount equal to 100% of the
Contract price. The bonds shall be secured from a surety company
that the City finds acceptable. The surety's name must be on file
with the County Clerk of Los Angeles County and/or the California
Department of Insurance as an approved and financially sound surety
company, authorized to transact business in this state.
The bonds shall meet all of the requirements and contain all
of the conditions specified in Sections 3247 and 3248 inclusive, of
the Civil Code, and other applicable provisions of the law and/or
regulations of the State of California.
6. ADDENDA
Any addenda issued before the time in which to submit bids
expires, and included as a part of the Contract Documents furnished
to the Contractor for preparation of its proposal, shall be covered
in the proposal and shall be a part of the Contract.
7. INSURANCE AND FINANCIAL REQUIREMENTS
(a) Before entering into the Contract, the Contractor shall
- A-2 -
furnish evidence that workers' compensation insurance, public
liability, property damage insurance, and all other insurance
specified in the insurance schedule set forth at page D-8 has been
procured. The insurer must be an insurance company admitted in and
authorized to do business in California and maintain a rating that
is acceptable to the City. The insurance procured must be
maintained in full force and effect for the entire duration of the
Contract
(b) Before the Contract is awarded, the Contractor upon
request shall furnish a recent statement of said Contractor's
financial condition and previous construction experience or such
other evidence of the Contractor's qualifications, as may be
required by the City. If not previously provided to the City, the
Contractor shall furnish a recent statement of its financial
condition and previous construction experience or such other
evidence of its qualifications before entering into the Contract.
8. PRELIMINARY ESTIMATE
The preliminary estimate of quantities of work to be done and
material to be furnished, as shown in the Contract Documents, are
approximations and are given as a basis for establishing overall
project cost. The City does not expressly, or by implication, agree
that the actual amount of work will correspond with the preliminary
estimates.. The City reserves the right to increase or decrease the
quantity of any item or portion of the work or to omit portions of
the work, as it deems necessary or expedient. The Contractor shall
not at any time after the submission of the proposal have any claim
for damages as a result of lowering of anticipated profits or the
loss of profits because of any difference between the quantities of
work actually done and those stated in its bidding sheets.
Each proposal item should be priced to carry its pro-rata
share of the costs, overhead and profit. Contractors are cautioned
against unbalancing their proposal by including more than a pro-
rata share of overhead and profit in any proposal item.
9. PROJECT DESCRIPTION
Contract No. FO 2003 involves the City of Vernon requirements
to build on its citywide optical fiber cable backbone to
interconnect its remote facilities to its control and monitoring
center using electronic and optical components. Contract FO 2003,
Fiber Optic Network Extension, Phase V, consists of placing fiber
optic cables along the City's public rights -of -way on City owned
power poles and underground structures.
The Project is broken down into two categories, backbone
construction and remote facilities connections. The backbone
construction task requires a 288-count single mode optical fiber
cable (referred to as "backbone optical fiber cable") to be
installed between the identified end locations of each segment.
The end points require 24-count single mode optical fiber cables
(referred to as "lateral optical fiber cable") to be installed
- A-3 -
between new aerial splice enclosures and the City remote
facilities.
These laterals will interconnect Programmable Logic Controllers
(PLCs) and Remote Terminal Units (BTUs) to the City's Supervisory
Control and Data Acquisition (SCADA) system. The Contractor shall
perform acceptance testing on all optical fiber strands impacted by
the Project for the City's review and approval prior to submitting
the request for final payment.
Project Map (Appendix A) shows the proposed construction route
and Make Ready Plans detail the line construction. Splice
Enclosure numbering and locations are identified in Appendix B.
The City facilities to be connected to the optical network
consist of:
1.
Well 11
2.
Well 15
3.
Well 16
4.
Well 18
5.
Well 19
6.
Well 20
7.
Booster Plant 3
8.
Pumping Plant 1
9.
Coldgen Plant
10.
Growgen Plant
11.
Kinetics Substation
12.
Bee -Jay Substation
13.
Container Substation
14.
Pulpgen Plant
15.
Downey Sump
16.
Washington Sump
Optional Task•
From time to time during the term of this Contract, the City shall
provide the Contractor with a work plan to construct fiber optic
cable extensions into interested business facilities in Vernon.
The Contractor shall furnish and install all necessary material and
labor to complete the work plan. The Contractor shall invoice the
City according to the unit pricing outlined in Schedule D.
- A-4 -
10. PROJECT MAP
(See attached map)
- A-5 -
B. CONTRACT PRICING FORM PROPOSAL TO THE CITY OF VERNON
1. PROPOSAL
WORK TO BE PERFORMED: Fiber Optic Network Extension - City
Facilities - Phase V, Contract No. FO 2003
Name of Contractor: VCI TELCOM, Inc
Business Address: 1921 W. llth Street, Upland, CA 91786
Phone Number: (909) 946-0905
Place of Residence: Upland, California
The site of the work to be performed and referred to herein is
in the County of Los Angeles, California.
The work to be performed will be in accordance with the
specifications and Contract Documents of Contract No. F0 2003
TO THE CITY COUNCIL OF THE CITY OF VERNON:
Pursuant to and in compliance with the Contract Documents, the
undersigned Contractor, having become familiar with the terms of
the Contract, and the cost of the work at the place where the work
is to be done, hereby proposes and agrees to perform the Contract
within 60 calendar days after issuance of a "Notice to Proceed" or
commencement of work, whichever occurs first, including all of its
component parts and everything required to be performed, and to
provide and furnish any and all of the labor, material, tools,
expendable equipment, and all utility and transportation services
necessary in order to perform the Contract and complete in a
workmanlike manner all of the work required as specified in
Contract No. FO 2003 , all in strict conformity with the plans and
specifications and other Contract Documents, including Addenda
Numbers 01 01 , and on file in the office of the
City Clerk.
The undersigned, as Contractor, declares that the only persons or
parties interested in this proposal as principals are those named
herein, and that this proposal is made without collusion with any
person, firm or corporation. The Contractor proposes and agrees
that if this proposal is accepted, the Contractor will execute a
Contract with the City that is in substantially the same form as
the Contract set forth in the Contract Documents.
2. CONTRACT PRICING FORM
The undersigned, as Contractor, agrees that the Contractor
will accept in full payment thereof the following not -to -exceed and
unit prices, to wit:
- B-1 -
Perform all the work as specified herein and shown on the
Plans and Specifications of Contract No. FO 2003.
The total proposal price amount includes furnishing all labor,
materials, equipment, mobilization, traffic control, disposal of
all removals, permits, fees, overhead, profit and taxes associated
with the completion of all of the work in place.
City shall pay the Contractor for the completion of the work
in accordance with the Contract Documents an amount in current
funds not -to -exceed the sum of the amounts determined pursuant to
paragraphs 2.1, 2.2, 2.3, 2.4 and the Optional paragraph 2.5 below:
2.1 Schedule A
For all Work listed on Schedule A, Contract Pricing Form Proposal
other than Unit Price Work, a not -to -exceed sum of:
Sixty -Five Thousand Eight Hundred Twenty -One
Dollars and Fifty Cents $ 65,821.50
(use words)
2.2 Schedule B
For all Work listed on Schedule B, Contract Pricing Form Proposal
other than Unit Price Work, a not -to -exceed sum of:
Eighteen Thousand Five Hundred Twenty -Four
Dollars and Fifty Cents $ 18,524.50
(use words)
2.3 Schedule C
For all Work listed on Schedule C, Contract Pricing Form Proposal
other than Unit Price Work, a not -to -exceed sum of:
Eighty -Nine Thousand Three Hundred Eighty -Two
Dollars and Fifty Cents $ 89,382.50
(use words)
2.4 Schedules A, B and C
For all Work listed on Schedules A, B and C, Contract Pricing Form
other than Unit Price Work, a not -to -exceed sum of:
One Hundred Seventy -Three Thousand Seven Hundred
Twenty -Eight Dollars and Fifty Cents $ 173,728.50
(use words)
2.5 Optional Item - Schedule D.
For all Work listed on Schedule D, Contract Pricing Form other than
Unit Price Work, a not -to -exceed sum of:
One Hundred Thousand Dollars and No Cents $ 100,000.00
(use words)
2.6 Total
Sections 2.4 and 2.5:
Two Hundred Seventy -Three Thousand Seven Hundred
Twenty -Eight Dollars and Fifty Cents $ 273,728.50
(use words)
It is understood that the foregoing quantities are approximate only
and are solely for the purpose of facilitating the comparison of
Proposal, and that the Contractor's compensation will be computed
upon the basis of the actual quantities in the complete work,
whether they be more or less than those shown.
3. MATERIALS
The name and address of the manufacturer for each type of
material upon which this proposal is based is as follows:
CSC - Communications Supply Corporation
6400 Artesia Blvd.
Buena Park, CA 90620-1006
(714) 670-7711 (Office); (714) 670-8811 (Fax)
Materials provided are fiber cable, patch panels and jumpers
Telewire Supply
2191 South Burgundy Place
Ontario, CA 91761
(909) 605-2901 (Office)
Materials provided are pole line hardware
Cal Duct Inc.
2625 S. Lilac Ave.
Bloomington, CA 92316
(909) 877-0577 (Office)
Materials provided are conduit, innerduct and cable lube
Southwest Power Inc.
9837 Pioneer Blvd.
Santa Fe Springs, CA 90670-0337
(562) 801-4577 (Office)
Materials provided are pole line hardware and lineman safety
products
4. SUBCONTRACTORS
The Contractor as general contractor hereby identifies the
subcontractors on the job for each particular trade or subdivision
of the work with each firm name and principal location of the mill,
shop or office when the value of the work, labor or service
performed is in excess of one-half of one percent of the total
proposal. The Contractor agrees that there shall be no
substitution of subcontracting except upon compliance with the
"Subletting and Subcontractors Fair Practices Act," as amended,
(Public Contract Code Sections 4100, et seq.). (Instruction: List
only one subcontractor for each such portion.)
DIVISION OF PRINCIPAL
WORK OR TRADE NAME OF FIRM OR CORPORATION LOCATION
Fiber Splicing and Testing Westcoast Communications Inc. 1921 W. 11 St.
909-949-1350 (Office) Upland, CA 91786
909-949-6850 (Fax)
5. BONDS
The undersigned agrees to provide the City with a Performance
Bond and Labor and Material Bond in the form set forth in the
Contract Documents within seven (7) calendar days after the date of
mailing of the acceptance. The surety will be one that the City
finds acceptable.
6. PRINCIPALS
The names of all persons interested in this Contract Proposal
as principals are as follows:
Royce Jaime, President
Al Ruiz, Secretar
Brett Johnson, Vice President
2W-WM
7. LICENSE AND SIGNATURE
The undersigned is licensed in accordance with California
Business and Professions Code, License No.
Name of Contractor: VCI TELCOM, INC.
Signature of Contractor:
Title: Royce Jaime, President
Title: Al Ruiz, Secretar
Dated:
NOTE: The complete and proper legal name of the Contractor
shall be set forth above. If the Contractor is a
corporation, two signatures are required, as follows: (1)
the chairman of the board, the president, or any vice-
president, and (2) the corporate secretary, any assistant
corporate secretary, the chief financial officer, or any
assistant treasurer. If the Contractor is a limited
liability company, signatures are required of two members
or managers unless otherwise provided in the company's
articles of organization. If the Contractor is a
partnership, signatures are required of the partner or
partners authorized to sign contracts on behalf of the
partnership.
8. CONTRACTOR'S QUALIFICATIONS
The Contractor must have a minimum of five (5) years of experience
as an ongoing business enterprise in the specific type of work
indicated in the proposal.
The following contracts which show experience in work of similar
scope to that covered in the proposal and which have been
satisfactorily completed in the past five (5) years are:
YEAR
NAME OF FIRM AND ENGINEER
LOCATION
CONTRACT AMOUNT
2002
City of Anaheim; Castor
Williams
Anaheim
$1.1 million
2002
Williams Communications
Riverside
$4 Million
2003
City of Claremont;
Kirk Phillips
Claremont
$250,000.00
2003
City of Pico Rivera
Michael Moore
Pico Rivera
$450,000.00
2003
Level 3 Communications;
Chris Pida
Pasadena
$467,000.00
2003
SCE; Ben Gongora
Various
$900,000.00
2003
XO Communications;
Various
Lee Arnold
So Cal
$210,000.00
2003
SBC; Steve Acheson
Orange Co.
$400,000.00
The Contractor, as a contractor, has
never failed to
satisfactorily
complete
an awarded contract, except
as follows:
N/A
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
By:
Name:
- B-8 -
C. CONTRACT
THIS CONTRACT FOR Fiber Optic Network Extension - City
Facilities - Phase V, Contract No. FO 2003 is made, entered into,
and executed in triplicate in the City of Vernon, California, as of
the day of July, 2003.
BY AND BETWEEN
AND
CITY OF VERNON, a municipal
corporation hereinafter referred
to as "City"
4305 Santa Fe Avenue
Vernon, CA 90058
VCI Telcom, Inc., a subsidiary
of Quanta Services, Inc.
1921 W. llth Street
Upland, CA 91786
hereinafter referred to as
"Contractor"
IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
ARTICLE 1. GENERAL
Section 1. Scope of Work
The Contractor will furnish all labor, equipment and materials
and will perform all work described in the Contract Documents
attached hereto and hereby incorporated by reference.
Section 2. Consideration
The City shall pay the Contractor for the performance of the
work hereunder in accordance with the amounts set forth in Contract
Pricing Form Proposal attached hereto and hereby incorporated by
reference.
Section 3. Payments
(a) Progress Payments
The City shall make progress payments to the Contractor based
upon the milestones achieved. The progress payments shall be made
as follows: 1) 30% upon completion of strand placement with its
associated hardware and proof of purchase of Equipment as described
on Schedule B of the Contract Pricing Forms; 2) 30% upon placement
of fiber optic cable completely lashed with the exemption of
splicing and termination work; 3) 30% upon completion of hardware
placement for the City facilities extensions with the exemption of
splicing and termination work; and 4) 10% upon completion of
acceptance testing with satisfactory results after splicing and
termination work for the backbone and City facilities.
- C-1 -
The City shall pay the Contractor, the amount of the approved
progress payment, less 10% retention. The progress payment may
also be reduced by the following: (1) amounts due to the City for
equipment, services or materials furnished by the City in
connection with work done on the project; (2) amounts of any claims
or liens, and (3) amounts required to be deducted by Federal, State
or local governmental authorities. Payment shall be made within
twenty (20) calendar days of receipt of the Contractor's progress
payment invoice.
No progress payment shall be construed as acceptance of the
work, or any portion thereof, nor shall such payment preclude the
City from demanding and recovering from the Contractor such damages
as may be sustained by reason of the Contractor's failure to fully
perform under the Contract.
(b) Final Payment
Upon satisfactory completion of the work described herein, the
Contractor shall furnish the City with a complete and final
accounting of all labor, materials, and other costs. The City
shall pay the Contractor according to the payment terms set forth
in Section 3(a).
(c) Payment of the Retention
Payment of the retention shall be made thirty-five (35)
calendar days after the recordation of a Notice of Completion by
the City or if a Notice of Completion is not recorded sixty-five
(65) calendar days after acceptance of the completed project. The
acceptance will be made only by an action of the City Council of
the City. Acceptance of payment of the retention by the Contractor
shall constitute a waiver of all claims against the City arising
under this Contract.
Section 4. Contract Documents
The complete Contract includes the Contract Documents set
forth herein, including: (1) Information for Contractor, (2)
Contract Pricing Form Proposal, (3) Contract, (4) Performance Bond,
Labor and Material Bond, Proof of Insurance, Workers' Compensation
Certificate, (5) the Special Provisions, and (6) detailed Plans and
Specifications,
Section 5. Compliance with Provisions of Law
The Contractor shall comply with all applicable provisions of
law whether Federal, State, or local relating to its performance
under the Contract.
Section 6. Costs and Attorney's Fees
In any action or proceeding brought to enforce the provisions
of this Contract, the court shall award reasonable costs and
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expenses, including reasonable attorney's fees, to the prevailing
party.
Section 7. Notices
Any notice required or permitted hereunder shall be given by
personal delivery or by first class mail, postage prepaid,
To: Contractor
VCI Telcom, Inc.
1921 W. 11TH Street
Upland, CA 91786
To: City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Section 8. Conflict with Plans and Specifications
Any conflict between the plans and specifications and this
Contract shall be brought to the attention of the City's
Representative for resolution.
Section 9. Assignment
The Contractor shall not assign the Contract or the payments
due under the Contract.
Section 10. Paragraph Headings
The paragraph headings herein are for the convenience of the
parties and shall not affect the interpretation of the Contract.
Section 11. Authority of the City's Representative
The City's Representative shall decide all questions which may
arise regarding the quality and/or acceptability of materials
furnished, the manner and/or acceptance of the Contractor's
performance, the rate of progress, and the interpretation of the
plans and specifications.
ARTICLE 2. INSURANCE, INDEMNIFICATION AND BONDS
Section 12. Insurance
The Contractor shall provide the City with proof of insurance
naming the City and its consultants and each of its directors,
officers, agents, and employees as additional -named insureds on a
policy or policies of insurance providing and maintaining the
coverages set forth in the Insurance Schedule contained herein.
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Said coverage is not required for the active negligence of the City
to the extent that indemnification for the City's active negligence
would be invalid under Section 2782(b) of the California Civil
Code. The proof of insurance shall also provide that said policy
or policies are not to be canceled or materially reduced without
giving the City at least 30 days written notice.
Section 13. Indemnification
The Contractor shall indemnify, protect, defend, and hold
harmless the City and its consultants, and each of its directors,
officers, agents, and employees from and against any and all
claims, demands, losses, damages, liabilities, fines, charges,
penalties, orders, judgments, and all costs and expenses incurred
in connection therewith, including reasonable attorneys' fees and
costs of defense arising, directly or indirectly, in whole or in
part, out of the services performed under this Contract, except to
the extent arising from or caused by the sole active negligence or
willful misconduct of the City, its officers, agents, or employees.
Section 14. Workers' Compensation
The Contractor shall secure payment of compensation to
Contractor's employees pursuant to Labor Code Section 3700, and
shall obtain employers' liability insurance as set forth in the
Insurance Schedule. Prior to commencing work hereunder, the
Contractor shall submit to the City the Workers' Compensation
Certificate or an executed certificate of workers' compensation
insurance as provided herein. Such insurance shall include a waiver
of subrogation endorsement naming the City, and its consultants,
and each of its directors, officers, agents, and employees.
Section 15. Labor and Material Bond
The Contractor shall execute and deliver to the City for its
approval and acceptance a Labor and Material Bond in an amount
equal to the total amount payable under the terms of this Contract.
Said bond shall be payable by surety or sureties to the City in the
event the Contractor fails to pay its subcontractors for labor and
material used in this project. Said bond shall be in substantially
the same form as that attached hereto. The surety will be one that
the City finds acceptable.
Section 16. Performance Bond
The Contractor shall execute and deliver to the City for its
approval and acceptance a Performance Bond in an amount equal to
the total amount payable under the terms of this Contract. Said
bond shall be payable by surety or sureties to the City in the
event the Contractor fails to fully perform under this Contract.
Said bond shall be in substantially the same form as that attached
hereto. The surety will be one that the City finds acceptable.
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ARTICLE 3. PERFORMANCE
Section 17. Time for Completion
The work shall be completed in the number of calendar days
specified in the Contract Pricing Form Proposal. The Contract
completion day may be extended, at the City's sole discretion, for
an additional thirty (30) days, or such other time as the City
deems necessary to complete the work specified herein.
Section 18. Force Majeure
Neither Party shall be considered to be in default in any of
its obligations under this Agreement when a failure of performance
shall be due to an uncontrollable force. The term "uncontrollable
force" shall mean any cause beyond the control of the party
affected, including, but not restricted to, flood, earthquake,
storm, fire, lightening, epidemic, war, riot, civil disturbance or
disobedience, sabotage, or embargoes of the United States
Government or any other government, which by exercise of due
diligence such party could not reasonably have been expected to
avoid and by exercise of due diligence has been unable to overcome
Either party rendered unable to fulfill any of its obligations
under this Agreement by reason of an uncontrollable force, shall
give written notice within five (5) business days of such fact to
the other party and shall exercise due diligence to remove such
inability with all reasonable dispatch.
Section 19. Utility Relocation
(a) The City will identify the main and/or trunk lines in the
plans and specifications. The City is responsible for the timely
removal, relocation or protection of existing main and/or trunk
line utility facilities located on the construction site, unless
such utilities facilities are identified by the City in the plans
and specifications. The City shall pay the costs of removing or
relocating utility facilities not identified in the plans and
specifications with reasonable accuracy, repairing damage not due
to the Contractor's failure to exercise reasonable care, and
equipment on the project necessarily idled during such work. The
Contractor shall not be assessed liquidated damages for delay in
completion of the project, when such delay is caused by the failure
of the City or the utility owner to provide for the removal or
relocation of such utility facilities.
(b) Nothing herein shall be deemed to require the City to
indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the construction site
can be inferred from the presence of other visible facilities, such
as buildings or metering junction boxes on or adjacent to the
construction site.
(c) If the Contractor, while performing the Contract,
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discovers utility facilities not identified by the City in the
plans or specifications, the Contractor shall immediately notify
the City's Representative and the utility owner in writing.
Section 20. Public Convenience
(a) The Contractor's operation shall not unnecessarily cause
any public inconvenience. The access rights of the public shall be
considered at all times. Unless otherwise authorized, traffic
shall be permitted to pass through the work or an approved detour
shall be provided. Safe, adequate, continuous and unobstructed
pedestrian and vehicular access shall be maintained to fire
hydrants, water valves, residences, commercial and industrial
establishments, churches, schools, parking lots, service stations,
motels, fire and police stations, and hospitals, unless other
arrangements are made satisfactory to owners thereof.
(b) Vehicular access to residential driveways shall be
maintained to the property line except when necessary construction
precludes such access for reasonable periods of time.
(c) Grading operations, roadway excavation and embankment
construction shall be conducted by the Contractor in a manner to
provide a reasonably satisfactory surface for traffic. When rough
grading is completed the roadbed surface shall be brought to a
smooth, even condition satisfactory for traffic.
(d) The Contractor shall comply with all applicable State,
County and City requirements for the closure of streets. The
Contractor shall provide barriers, guards, lights, signs, temporary
bridges, flagmen and watchmen advising the public of detours and
construction hazards. The Contractor shall also be responsible for
compliance with additional public safety requirements that may arise
during construction. The Contractor shall furnish and install and,
upon completion of the work, promptly remove all signs and warning
devices.
(e) At least 48 hours in advance of closing or partial closing
or of reopening any street, alley, or other public thoroughfare, the
Contractor shall notify the police, fire, traffic and engineering
departments of the City and any other jurisdictional agencies
involved and shall comply with their requirements.
Section 21. Excavations
(a) Excavation Safet
During the excavation of trenches five (5) feet or more in
depth, the Contractor shall submit to the City, for its approval, a
detailed plan showing the design of shoring, bracing, sloping, and
other provisions to be made for worker protection from the hazard of
caving ground. Said plan shall be at least as effective as that
required by the Construction Safety Orders of the California Division
of Industrial Safety. If the Contractor's plan varies from the
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(BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD)
Date: S
A
M
City of Vernon P
4305 Santa Fe Avenue L
Vernon, CA 90058 E
IRREVOCABLE LETTER OF CREDIT
Contract
Gentlemen:
Please consider this letter as an Irrevocable Letter of Credit
pledging that * in
the amount of $ is/are deposited and guaranteed to
insure the Contractor's faithful performance under Contract No. 561
in lieu of withholding any funds due the Contractor under progress
payments. In compliance with Part 5 (commencing with Section 22300)
of Division 2 of the California Public Contract Code, we agree that
the funds or other securities designated by this instrument shall
become trust funds for the purposes set forth in this instrument.
This instrument shall terminate upon formal acceptance by the City
Council of the City of Vernon of the work performed by the Contractor
under said Contract.
Any claims under this Irrevocable Letter of Credit shall be presented
in the following manner:
The City's written statement, signed by the Director of
Community Services, certifying that there has been loss,
damage or liability resulting from the Contractor's
duties and obligations under Contract, or from
negligence, act or omission of the Contractor, its
agents, servants and employees (such statement to be
substantiated by an attached detailed report) in the
amount of the accompanying sight draft on us and that the
amount of this draft is therefore now due and payable.
The above statement will be all that is required to certify the
amount set forth under this Irrevocable Letter of Credit, dated
this date, is due and payable to the City of Vernon pursuant to the
above -stated Contract No.
(Name of Bank or Savings and Loan Association)
0
�0
President
Secretary
ALL SIGNATURES MUST BE NOTARIZED
Attach proper jurats
• Securities as listed in Section 16430 of the Government Code, or
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shoring system standards established by said Safety Orders, the plan
shall be prepared by a registered civil or structural engineer.
(b) Trenches
When the project involves digging trenches or other excavation
that extend deeper than four (4) feet below the surface, the
following provisions apply:
(1) The Contractor shall promptly, and before the following
conditions are disturbed, notify the City, in writing, of any:
(i) Material that the Contractor believes may be material
that is hazardous waste, as defined in Section 25117 of
the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal
site in accordance with provisions of existing law.
(ii) Subsurface or latent physical conditions at the site
differing from those indicated.
(iii)Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily
encountered and generally recognized as inherent in work
of the character provided for in the contract.
(2) The City shall promptly investigate the conditions, and
if it finds that the conditions do materially so differ, or do
involve hazardous waste, and cause a decrease or increase in the
Contractor's cost of, or the time required for, performance of any
part of the work shall issue a change order under the procedures
described in the contract.
(3) In the event that a dispute arises between the City and
the Contractor whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in the
contractor's cost of, or time required for, performance of any part
of work, the Contractor shall not be excused from any scheduled
completion date provided for by the contract, but shall proceed
with all work to be performed under the contract. The Contractor
shall retain any and all rights provided either by contract or by
law which pertain to the resolution of disputes and protests
between the contracting parties.
(c) Removal of Materials
Excavation includes the removal of all materials and
obstructions of whatever nature. The Contractor shall satisfy
itself as to the quantity of acceptable material that may be
produced at locations designated by the City, and the City assumes
no responsibility for the quantity of acceptable material at
designated locations.
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(d) Closure
At the close of each working day, the Contractor shall cover
completely all open excavations in the public right-of-way with
steel plates in accordance with normal practice in the industry and
the rules, regulations, laws and ordinances of the State of
California, the County of Los Angeles, and the City of Vernon.
Section 22. Extra Work
(a) The City may require changes in, additions to, or
deductions from the work to be performed or to the materials to be
furnished hereunder. No extra work shall be performed or change or
addition made without a written order from the City. The written
order shall state that the extra work, change or addition is
authorized by the City, identify the work that is to be done and
method to be used to accomplish the work, and set forth the basis
upon which payment is to be made. Nothing in this article shall
excuse the Contractor from proceeding with the prosecution of the
work so changed. The Contractor shall, when required by the City,
furnish an itemized breakdown of the quantities and prices used in
computing the amount of any change or addition that might be
ordered. The adjustment, if any, in the amount to be paid to the
Contractor by reason of any such change, addition or deduction
shall be determined by one of the following methods:
(1) By applying the unit prices
proposal incorporated in the
agreement between the City
Section 23. Clean Up
contained in the Contractor's
Contract Documents or fixed by
and the Contractor.
Upon completion of the work, the Contractor shall remove all
debris and surplus materials from the work site.
Section 24. Materials
(a) New Materials and Equipment
Unless otherwise specified, shown, or permitted by the City
all material and equipment incorporated in the work shall be new
and of current manufacture. The City may request that the
Contractor furnish manufacturer's certificates indicating the
quality of the material. No material shall be installed until
approved by the City's Representative.
(b) Inspection of Materials
All material furnished hereunder shall be subject to
inspection and testing by the City's authorized agents at the
City's expense. In the event that such inspection and testing
reveals material that does not comply with the Contract Documents,
the Contractor shall bear the cost of necessary corrective measures
as well as the cost of subsequent inspection and testing.
(c) Defective Equipment or Materials
The inspection under Section 30(b) shall not relieve the
Contractor of any of its obligations under the Contract. Even
though equipment or material required to be provided has been
inspected, accepted, and included in a monthly pay application, the
Contractor shall, at Contractor's expense, replace or repair any
such equipment or material found to be defective or otherwise non-
compliant with the Contract Documents up through the guarantee
period in Section 36.
(d) Storage of Materials
All material for use in the work shall be stored by the
Contractor in such a manner as to prevent damage from exposure to
the elements, from admixture of foreign materials or from any other
cause. The Contractor shall be solely responsible for damage or
loss of materials caused by exposure, weather or other causes.
Section 25. Permits and Licenses
(a) The Contractor shall apply for and procure all permits
and licenses necessary for the work except: None
(b) The Contractor shall provide all notices necessary and
incidental to the lawful prosecution of the work and shall comply
with the terms and conditions of all permits and licenses.
(c) The Contractor shall pay all charges and fees in
connection with all permits and licenses except those required by
the following: None
Section 26. Land and Rights of Way
(a) The City shall provide, or arrange for the provision of,
the land and rights of way upon which the work is to be
constructed.
(b) The Contractor shall procure any additional rights of way
desired by the Contractor to facilitate construction of the work.
The Contractor shall enter into written agreements with property
owners for such purposes and shall provide the City with copies of
such agreements.
(c) Except as provided in Section 19, when the work described
in the Contract Documents is to be performed in the vicinity of
existing improvements, said improvements shall not be disturbed or
damaged. However, the Contractor may remove or relocate
improvements in the land and rights of way provided by the City
pursuant to Section 26(a).
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Section 27. Plans and Drawings
(a) The approved plans may be supplemented by working
drawings as are necessary to monitor the work. All drawings shall
be consistent with the Contract Documents. All such drawings
delivered to the Contractor shall be deemed written instructions to
the Contractor.
(b) The City will furnish the Contractor with copies of all
drawings and specifications reasonably necessary for the execution
of the work, at no charge. The Contractor shall keep one set of
drawings and specifications in good order at the job site and make
them available to the City's Representative and to the Contractor's
representatives.
(c) The drawings and/or plans will show conditions as the
City believes them to exist; but it is not intended or to be
inferred that the conditions as shown thereon constitute a
representation by the City that such conditions are existent. The
City shall not be liable for any loss sustained by the Contractor
as a result of any variance of the conditions as shown on the
drawings and/or plans and the actual conditions revealed during the
progress of the work, or otherwise.
Section 28. Shop Drawings Submitted by the Contractor
(a) No portion of the work requiring a shop drawing submittal
shall be commenced until the submittal has been reviewed by the
City and returned to the Contractor with a notation that the City
has completed its review of the shop drawing. Shop drawings are
drawings, diagrams, illustrations, schedules, performance charts,
brochures and other data which are prepared by the Contractor or
any subcontractor, manufacturer, supplier or distributor, and which
illustrate some portion of the material or work.
(b) The Contractor shall review, approve, and submit for
review by the City's Representative shop drawings for material and
equipment to be incorporated into the work. Four copies of shop
drawings shall be submitted to the City with a letter of
transmittal listing the drawings submitted. Drawings shall show
the name of the project, the name of the Contractor, and the names
of suppliers, manufacturers, and subcontractors, if any. Shop
drawings shall be submitted with promptness and in orderly sequence
so as to cause no delay in progress of the work.
(c) Shop drawings shall be complete. If the shop drawings
show any deviation from the requirements of the plans and
specification because of standard shop practices or other reasons,
the deviations and the reasons therefore shall be set forth in the
letter of transmittal.
(d) By approving and submitting shop drawings, the Contractor
represents that material, equipment and other work shown thereon
conforms to the plans and specifications except for any deviation
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identified in the letter of transmittal.
(e) Within ten (10) calendar days after receipt of the shop
drawings, the City will return two prints of the drawings to the
Contractor along with its comments. The Contractor shall resubmit
corrected drawings, if the City has so requested. Resubmitted shop
drawings shall be processed in the same manner as the original
submittals. The Contractor's letter of transmittal accompanying
its resubmitted shop drawings shall highlight the revisions
requested by the City.
(f) The City's Representative will review the shop drawings
only for general conformance with the design concept of the project
and general compliance with the plans and specifications. The
City's review of the shop drawings shall not be construed as
relieving the Contractor of its responsibilities under the
Contract, including but not limited to: (1) providing material and
equipment; (2) ensuring the proper fitting and construction of the
pipeline; (3) submitting accurate and complete shop drawings; (4)
selecting proper fabrication processes and techniques; and (5)
performing the work in a safe manner.
Section 29. Supervision by the Contractor
The Contractor shall have a designated representative or
alternative representative present at the worksite whenever work is
in progress. The Contractor's designated representative or
alternate representative shall have authority to act for the
Contractor. Before starting the work, the Contractor shall inform
the City, in writing, of the name of its designated representative.
An alternate representative may also be designated. Any
communication between the City and the Contractor's representative
shall be deemed as a communication to the Contractor. If the
Contractor fails to have a designated representative present at the
worksite, the City's Representative may give necessary direction or
instruction to the superintendent or foreman having charge of the
specific work to which the direction or instruction applies. The
superintendent or foreman shall comply with the direction or
instruction promptly and shall relay the City's communication to
the Contractor or its designated representative.
Section 30. Inspection of Work
(a) The City shall have access to the worksite at all times
to review and/or inspect the progress of the work, the workmanship
and the material being used.
(b) Whenever the Contractor changes its hours of operation,
notice shall be given to the City's Representative prior to
institution of the change. Any work done in the absence of the
City's Representative may be subject to rejection, at the City's
discretion.
(c) All excavations that are to be backfilled shall be
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inspected and approved by the City's Representative prior to
backfilling. The Contractor shall give the City's Representative
advanced notice of the backfilling.
(d) Inspection of the work by the City's Representative shall
not relieve the Contractor of the obligation to fulfill the
Contract. Defective work shall be corrected, notwithstanding the
fact that the City's Representative may have previously accepted
the defective work.
Section 31. Suspension of Work
The City Engineer or his designee may orally direct the
Contractor to suspend the work in whole or in part when determined
by the City Engineer or his designee that the suspension is
necessary in the interest of the City. The City Engineer or his
designee may also direct the Contractor to subsequently resume
performance of all or any part of the work. Such directions from
the City Engineer or his designee shall be confirmed in writing.
An equitable adjustment in the work completion schedule and price
may be negotiated and confirmed by a Change Order or a revision to
a task assignment if such suspension impacts the costs of the work
and/or work completion schedule. The City shall complete the
payments due and properly owing for the suspended work up to the
effective date of suspension notice and shall resume payments
effective as of the work resumption date, if applicable.
Section 32. Correction of Defective and/or Unauthorized Work
(a) All work that has been rejected shall be corrected, or
removed and replaced by the Contractor, at the City's direction.
Any remedial work will be done in a manner acceptable to the City.
The Contractor shall pay the remediation and/or removal and
replacement costs. The Contractor must obtain written authorization
to perform extra or unauthorized work prior to undertaking such
work. The Contractor will not be compensated for any unauthorized
work. In addition, the City may order the Contractor to remove, at
the Contractor's expense, any extra or unauthorized work.
(b) The Contractor must comply promptly with any order made
by the City under the provisions of this article. If the
Contractor fails to comply with the City's orders, the City may in
its discretion cause defective work to be corrected by its own
forces or by another contractor. The amount that the City paid to
correct the defective work will be deducted from any monies due or
to become due to the Contractor.
Section 33. Errors or Discrepancies Noted by the Contractor
(a) If the Contractor, either before commencing work or in
the course of the work, finds any discrepancy between the contract,
especially the plans, specifications, drawings, and boring logs, or
between any of them and the physical conditions at the worksite, or
finds any error or omission in any of the plans, specifications,
drawings, boring logs, or in any survey, the Contractor shall
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promptly notify the City in writing of such discrepancy, error, or
omission. If the Contractor observes that any plans,
specifications, or drawings are at variance with any applicable
law, ordinance, regulation, order or decree, Contractor shall
promptly notify the City in writing of such deviation or conflict.
(b) The City, upon receipt of such notice, shall promptly
investigate the circumstances and give appropriate instruction to
the Contractor consistent with Section 29. Until such instruction
is given by the City Engineer, any work done by the Contractor,
either directly or indirectly after its discovery of such error,
discrepancy, omission, deviation or conflict, will be at the
Contractor's own risk. The Contractor shall bear all costs arising
from any work that incorporates such error, discrepancy, omission,
deviation or conflict.
Section 34. Equipment
The Contractor shall furnish equipment and facilities to
perform the work to the industry standard in accordance with the
plans and specifications. Such equipment and facilities must be in
a good state of repair, be maintained in such state during the
progress of the work, and shall meet all requirements of applicable
ordinances and laws. No worn or obsolete equipment shall be used,
and in no case shall the manufacturer's rating of capacity for any
equipment be exceeded.
ARTICLE 4. MISCELLANEOUS
Section 35. Damages for Delay
(a) The Contractor acknowledges the City's desire that the
project be completed on or before the date specified in the
Contract. The Contractor also acknowledges that if its work is not
completed on or before said date, the City will incur substantial
damages that cannot be ascertained at this time. Accordingly, the
Contractor shall pay to the City any and all damages caused by the
Contractor's delay in completing the work under the Contract.
(b) If the work is not completed in accordance with the
foregoing, it is mutually agreed that the City will suffer damage,
that it will be impractical and unfeasible to determine the amount
of actual damage. Therefore, the Contractor will pay the City, as
fixed and liquidated damages and not as a penalty, the sum of
$300.00, for each and every calendar day of delay, and that the
Contractor and its Surety will be liable for the amount thereof.
The Contractor, however, will not be charged liquidated damages
because of any delays in the completion of the work due to Force
Majeure or acts of the City, acts of another Contractor in the
performance of a Contract with the City, and without the fault or
negligence of the Contractor.
(c) The Contractor shall within ten (10) days from the
beginning of any such delay (unless the City grants a further
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period of time prior to the date of final settlement of the
Contract) notify the City in writing of the cause of delay. Upon
notification of a delay, the City shall ascertain the facts and
extent of the delay and extend the time for completing the work if
in its sole discretion its findings justify such an extension. The
City's findings shall be final and conclusive on the parties
hereto.
(d) The City shall have the right to extend the time for
completion if it determines such extension to be in the City's best
interest. If the City extends the time limit for completing the
work by way of a change order at the request of the Contractor, and
for other than Force Majeure, it is understood and agreed that such
time extension will increase the City's expenses. These expenses
include, but are not limited to, the costs associated with
engineering, inspection, supervision, incidental and overhead
expenses that are directly chargeable to the Contract and that
accrue during the period of extension. Therefore, the Contractor
acknowledges that the City shall be reimbursed for its expenses
before the final payment of the ten percent (10%) retention is
made.
Section 36. Guarantee
The Contractor guarantees all work against defective
workmanship, and the materials furnished, for a period of one year
from the date the City accepts the work in accordance with Section
3(c). The Contractor shall repair and replace any and all such
defective work, together with any other work which may be displaced
in so doing, at no cost to the City. The Contractor is not
responsible for the repair or replacement of material damaged
through ordinary wear and tear, usual abuse, or neglect. The City
may proceed to repair or replace defective work and/or material if
the Contractor fails to do so within a week after Contractor's
receipt of written notice from the City. The Contractor agrees to
pay the costs and charges the City incurs in repairing and
replacing defective work and/or material upon demand.
Section 37. Risk of Loss Prior to Final Acceptance
Except as set forth hereinabove relating to Force Majeure, all
risk of loss resulting from total or partial destruction of the
work, or any part thereof, or any damage thereto, prior to final
acceptance of the work by City, shall be borne by the Contractor
regardless of the cause. The Contractor, at its sole cost, shall
repair or replace such damaged or destroyed work to its prior
undamaged condition before being entitled to additional progress
payments, the final progress payment or payment of the retention.
Such total or partial destruction or damage shall not excuse the
Contractor from completion of the work in accordance with the
provisions of this Contract.
Section 38. Termination
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(a) Termination (Contractor's Default)
(1) The Contractor will be in default if it does any of
the following: (a) declares bankruptcy, becomes insolvent, or
assigns its assets for the benefit of its creditors; (b) disregards
or violates a material provision of the Contract or the City's
instructions; (c) fails to prosecute the work according to the
approved construction schedule; (d) fails to provide a qualified
superintendent, representative, competent workers, or
subcontractors; and/or (e) fails to provide materials or equipment
that meets the requirements of the plans, specifications, and
drawings. The City, will notify the Contractor in writing of such
default. Upon receipt of written notice of default, the Contractor
shall, at Contractor's expense, preserve at the project site, all
construction materials and equipment, and shall undertake immediate
steps to remedy such default.
(2) If the Contractor fails to remedy such default
within ten (10) calendar days after receipt of written notice of
default, the City may, at its option, terminate the right to
proceed with the work to which default has occurred or may
terminate the Contract. Written notice will be provided to the
Contractor, but not to the Contractor's sureties. Upon receipt of
such written notice, the Contractor shall at its expense and for
the work affected by any such termination:
(i) assist the City in making an inventory of
all material and equipment located at the
site, enroute to the site, in storage or
manufacture away from the site, and/or on
order from suppliers;
(ii) assign subcontracts, material and equipment
supplier contracts, and equipment rental
agreements to the City, as designated by the
City; and
(iii) remove from the site all construction
material and equipment listed in said
inventory other than the material and
equipment which are to be used by the City
in completing the Contract.
(3) The City shall have the right to complete the work
to which the termination applies. The Contractor agrees that the
City shall have the right, for such purpose and for as long as
necessary, to designate in writing, take possession of and use any
or all of the material, plant, tools, equipment, supplies and
property furnished by the Contractor.
(4) The cost of completing such work, together with
reasonable costs for administering any contract for completion,
will be charged to the Contractor. The City will deduct these
costs from the sum due or the sum that may become due to the
Contractor. If these costs exceed the sum which would have been
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payable under the Contract, then the Contractor and/or its sureties
shall be liable for and, upon written notice from the City, shall
promptly pay the excess amount to the City. The City shall not be
required to retain the Contractor with the lowest estimate for
completion of the work. The City may make any expenditures that,
in its sole judgment, best accomplish the completion of the
project.
If such costs are less than the balance that would have
been due, the Contractor shall have no claim to the difference.
The City may, however, decide to reimburse the Contractor or the
Contractor's sureties for costs incurred for materials, tools,
equipment, property, and labor which were used in performing the
work and of which the City shall have received the benefit. In
computing the costs, as it relates to equipment owned by the
Contractor, the salvage value at completion of the work shall be
deducted from the depreciated value at the time the Contract was
terminated.
(b) Optional Termination of Contract by City (Contractor Not
at Fault)
City may terminate the Contract upon ten (10) days written
notice to the Contractor, if it is found that reasons beyond the
control of either the City or the Contractor make it impossible or
against the City's interests to complete the work. In such a case,
the Contractor shall have no claims against the City except for (1)
the cost of the work performed up to the date the Contract is
terminated, and (2) for the cost of materials and equipment at the
site, in transit, or on definite commitment, as of the date the
Contract is terminated, provided that such materials and equipment
would be needed in the work and meet the requirements of the
specifications.
The cost of the work performed and the cost of materials and
equipment, as mentioned above, shall be determined by the City in
accordancewith the procedure prescribed for making of a final
progress payment as described in Section 3.
Section 39. Standard Specifications
The "Standard Specifications for Public Works Construction"
(2000 Edition), published by Building News, Inc. is hereby
incorporated by this reference and made a part hereof as though fully
set forth at length. In the event, however, that said Standard
Specifications are inconsistent with the terms of this Contract,
including the Special Provisions attached hereto, then this Contract
and the Special Provisions shall be deemed controlling.
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IN WITNESS WHEREOF the parties hereto have executed this
Contract or caused it to be executed as of the day, month and year
first above written.
ATTEST:
ME
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM:
By
EDUARDO OLIVO, City Attorney
M
CITY OF VERNON
Leonis C. Malburg, Mayor
CONTRACTOR
Name: VCI TELCOM, INC.
WN
Royce Jaime
Title President
By
Al Ruiz
Title Secretary
NOTE: The complete and proper legal name of the Contractor shall be
set forth above. If the Contractor is a corporation, two
signatures are required, as follows: (1) the chairman of the board,
the president, or any vice-president, and (2) the corporate
secretary, any assistant corporate secretary, the chief financial
officer, or any assistant treasurer. If the Contractor is a
limited liability company, signatures are required of two members
or managers unless otherwise provided in the company's articles of
organization. If the Contractor is a partnership, signatures are
required of the partner or partners authorized to sign contracts on
behalf of the partnership.
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D. BOND FORMS AND INSURANCE REQUIREMENTS
Contractor shall provide the City with a Workers' Compensation
Certificate in a form substantially similar to that shown herein.
Both the Performance Bond and the Labor and Material Bond shall be
provided on the forms enclosed herewith. A Sample Letter of Credit
is also enclosed as a guide for a Contractor's security.
Insurance coverage shall be provided in the types and amounts
shown on the Insurance Schedule. A copy of the policy or a notarized
letter from the insurance underwriter or carrier verifying the
coverage must be provided to the City in order to demonstrate proof
of insurance.
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WORKERS' COMPENSATION
CERTIFICATE
The undersigned acknowledges that Section 3700 of the
California Labor Code requires every employer to be insured against
liability for worker's compensation or to undertake self-insurance
in accordance with the provisions of that Labor Code. The
undersigned agrees to comply with such provisions before commencing
the performance of this Contract.
CONTRACTOR
Name VCI TELCOM. INC.
Dated
By
Title
By
Title
NOTE: The complete and proper legal name of the Contractor shall be
set forth above. If the Contractor is a corporation, two
signatures are required, as follows: (1) the chairman of the board,
the president, or any vice-president, and (2) the corporate
secretary, any assistant corporate secretary, the chief financial
officer, or any assistant treasurer. If the Contractor is a
limited liability company, signatures are required of two members
or managers unless otherwise provided in the company's articles of
organization. If the Contractor is a partnership, signatures are
required of the partner or partners authorized to sign contracts on
behalf of the partnership.
Workers' Compensation Certificate - 1
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of Vernon, a municipal
corporation, by action on the
has awarded to
day of
hereinafter designated as the "Principal", Contract No.
for
in Los Angeles County, California; and
2003,
WHEREAS, said Principal is required under the terms of said
Contract to furnish a bond for the faithful performance of said
Contract;
NOW, THEREFORE, we, the Principal and
, as Surety, are held firmly bound
unto the CITY OF VERNON hereinafter called the "Obligee," in the
penal sum of
DOLLARS($ ) lawful money of the
United States of America, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally and firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the
abovebounden Principal, his 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 said Contract, and any alteration thereof made as
therein provided, on his part to be kept and performed at the time
and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless
the Obligee, its officers and agents, as therein stipulated, this
obligation shall become null and void; otherwise it shall be and
remain in full force and virtue. And 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 obligation on this bond, and it
does thereby 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, and said Surety agrees that in case suit is
brought on this bond, Surety will pay City's reasonable attorney's
fees to be fixed by the court.
Performance Bond - 1
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IN WITNESS WHEREOF, three (3) identical counterparts of this
instrument, each of which shall for all purposes be deemed an
original hereof, have been duly executed by the Principal and
Surety above named, on the day of 2003.
Name
(Principal)
(Attach Acknowledgment) By
Name
(Surety)
By
By ----
(Attorney-in-fact)
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
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Performance Bond - 2
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the CITY OF VERNON, a municipal
corporation, by action on the day of
awarded to
2003, has
hereinafter designated as the "Principal," Contract No.
For
in Los Angeles County, California; and
01
WHEREAS said Principal is required to furnish a bond in
connection with said Contract providing that if said Principal or
any of his subcontractors shall fail to pay for any materials,
provisions, provender, or other supplies, or teams used in, upon,
for or about the performance of the work contracted to be done, or
for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Act, the Surety on this bond will
pay the same to the extent hereinafter set forth.
NOW, THEREFORE, we, the Principal and
as Surety, are neia ana
firmly bound unto the CITY OF VERNON in the penal sum of
DOLLARS
($ ), lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said
Principal, his subcontractors, heirs, executors, administrators,
successors, or assigns, shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon, for
or about the performance of the work contracted to be done, or for
work or labor thereon of any kind, or fail to pay any of the
persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor
performed by any such claimant, or for any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from
the wages of employees of the Contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code with
respect to such work and labor, and all other applicable laws of
the State of California and rules and regulations of its agencies,
then said Surety will pay the same in or to an amount not exceeding
the amount hereinabove set forth, and also will pay, in case suit
is brought upon this bond, such reasonable attorneys: fees as shall
be fixed by the court, pursuant to Section 3181 of the California
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Civil Code.
Labor and Material Bond - 1
This bond shall inure to the benefit of any of the persons
named in Section 3181 of the California Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon
this bond, and 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 the work
to be performed thereunder, or the specifications accompanying the
same, shall in any way affect its obligation 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.
IN WITNESS WHEREOF, three (3) identical counterparts of this
instrument each of which shall for all purposes be deemed an
original thereof, have been duly executed by the Principal and
Surety above named on the day of
2003.
(Attach Acknowledgment)
APPROVED AS TO FORM:
Name
By
Name
By
EDUARDO OLIVO, City Attorney
(Principal)
( Surety)
(Attorney -in -fact)
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Labor and Material Bond - 2
CONTRACTOR'S ACKNOWLEDGEMENT OF
INSURANCE REQUIREMENTS
The Contractor acknowledges that the Insurance Schedule
contained herein has been reviewed, that a copy thereof has been
submitted to an authorized insurance agent or broker, and that the
proof of insurance required therein will be submitted within thirty
(30) days after notification of the acceptance of the Contractor's
proposal.
The Contractor understands that the Contract will not be
executed by the City of Vernon until all proof of insurance have
been received and approved as to form by the City Attorney.
The Contractor agrees that failure to submit the required
proof of insurance within said thirty (30) days shall constitute
grounds at the City's discretion for awarding the Contract to the
next lowest Contractor and for forfeiting the Contractor's bid
bond.
Date:
Contractor
Title:
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INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a
standard certificate of insurance, in at least the following
amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles
$
500,000
$1,000,000 $ 500,000
Hired Automobiles
$
500,000
$1,000,000 $ 500,000
Non -Owned Automobiles
$
500,000
$1,000,000 $ 500,000
Workers' Compensation
$
Statutory
Employers' Liability
$1,000,000
per employer
II. General Liability
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators
(if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent
Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed_
Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1,000,000
$2,000,000
$1,000,000
Umbrella Liability
$1,000,000
$1,000,000
$1,000,000
a. The general liability policy shall contain the following
special endorsements that shall be noted on or attached to the
standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers,
and employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30)
days notice of cancellation or material reduction of
coverage.
3. An endorsement providing coverage for all operations under
the City of Vernon Contract for this project.
4. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of insurance, proof of
general and umbrella liability coverage shall be furnished in
the form checked below.
X For each policy, a notarized letter from the underwriter
or carrier certifying that the coverage and statements in
the standard certificate of insurance (attached thereto)
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are true and correct and that the signator is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
PROOF OF INSURANCE
APPROVAL AS TO FORM
Proof of the following insurance coverage has been received and
approved as to form:
(1) Contractual Liability.
(2) Automobile Liability.
(3) Worker's Compensation.
(4) Employer's Liability.
(5) General Liability.
(6) Umbrella Liability.
Dated:
EDUARDO OLIVO
City Attorney
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INSURANCE FORM LETTER
(To be issued on insurance carrier letterhead)
Date:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
S
A
M
P
L
E
Re: Insurance for City of Vernon
(description of permit or Contract)
Policy Number(s)
Named Insured:
City Clerk:
I hereby certify that the certificate of insurance attached
hereto and made a part hereof by reference truly and accurately
represents the above cited insurance policies and the insurance
coverage of each for the named insured issued by
(insurance carrier).
The City of Vernon, its officers, and employees are included in
said policies as additional insureds and the City of Vernon will be
provided with thirty (30) days written notice of cancellation or
material reduction of coverage.
I certify that I am an officer of the insurance carrier named
herein and that I am authorized to sign this certificate on behalf of
said insurance carrier.
(Notary)
Signature
Title
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bank or savings and loan certificates of deposit.
- 0-13 -
SPECIAL PROVISIONS
E. SPECIAL PROVISIONS
CONTRACT F02003 - PHASE V
1.1 Standard Specifications
For the purpose of this Contract, all materials shall
be in accordance with these specifications and the Standard
General Conditions of the Construction Contract (hereinafter
called Standard Specifications). Section numbers cited
herein refer to these Standard Specifications.
1.2 Examination of Site
The Contractor must visit the work sites to become
familiar with and satisfy the Contractor as to the general,
local and site conditions that may affect cost, progress,
performance or furnishing of the work. Contractor must
promptly notify the City of all conflicts, errors,
ambiguities or discrepancies which Contractor has discovered
in or between the Contract Documents and such other related
documents.
1.3 Existing Utilities and Soil Conditions
The City maintains drawings of existing utilities
showing plan and profile views of the installation of
various conditions in the City right-of-way. Plans for job
sites requiring trenching or digging for an anchor will be
available to the Contractor for identifying any existing
facilities. The Contractor shall notify USA Dig Alert 72
hours prior to start of any excavation.
1.3.1 Soil Boring Logs. Prior to entering into
this Contract, the Contractor must
investigate the soil conditions in the
project area by referring to maps, plans,
drawings and soil boring logs on and off site
as maintained by the City. All such
information is available to the Contractor
upon request.
1.3.2 Substructure and Utilities. The Contractor
shall determine the location and depth of all
utilities, including service connections,
which have been marked by the respective
owners and which may affect or be affected by
its operations. If no pay item is provided
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SPECIAL PROVISIONS
in the Contract for this work, full
compensation for such work shall be
considered as included in the prices bid for
other items of work.
All crossings of underground structures,
utility mains and laterals as indicated on
the plans shall be potholed by Contractor
prior to the beginning of the work.
Elevations shall be verified and water
laterals shall be relocated by the City of
Vernon Water Department as necessary.
The costs of furnishing necessary potholes,
and cutting and plugging abandoned
interfering pipes during the construction
must be included in the other bid items; no
extra compensation will be paid to the
Contractor for items related to potholing,
cutting and plugging abandoned pipes.
1.4 Unit Prices
All other costs not covered by specific unit prices but
required for a complete job shall be included in the items
most related to the work.
Any adjustments to the unit prices to be paid to the
Contractor are identified in Schedule D, Optional Task
Pricing Form. The Contractor shall provide the City with
progress billing, identifying unit quantities and Unit
Prices as set forth in Schedules A, C and D.
1.5 Traffic Control
The Contractor shall provide all traffic signs. All
signs, lights, warning devices, as well as temporary lane
markings used, shall comply with the State of California,
Business, Transportation and Housing Agency, Department of
Transportation "Manual of Traffic Controls for Construction
and Maintenance Work Zones." All barricades used shall be
equipped with a flasher.
The Contractor shall maintain a minimum of one lane of
traffic in each direction through work area at all times.
1.6 Building Entries
The Contractor shall install fiber cable, via the
existing conduit system, into the buildings. The Contractor
0i51wm
SPECIAL PROVISIONS
shall install appropriate inner ducts from the riser into
the building termination points.
The Contractor shall furnish and install secured rigid
pathway inside the buildings from building entry to the
demarcation point where the patch panel will be located.
Buildings requiring special pathways to the patch panel
include Washington Sump, Downey Sump and Well No. 20.
1.7 Coordination
The Contractor shall notify the City Representative 48
hours in advance of any entry into a manhole/vault. The
City Representative will assign qualified personnel to
monitor Contractor working in the proximity of high voltage
lines and equipment.
The Contractor shall provide the City with as -built
drawings prior to any milestone payment.
Work will not commence until the Contractor has all
equipment and material in his possession.
The Contractor shall address all correspondence,
equipment shop drawings, fiber cable factory test reports,
pre -installation cable tests, as -built drawing, maintenance
and installation manuals to the City s follows:
Ali R. Nour
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
The Contractor shall identify a representative who will
act as Project Manager. The Project Manager will be
responsible for all daily crew activities and would be
available to respond to any questions that may arise during
the construction period.
1.8 As -built Drawings
The Contractor shall provide the City with as -built
drawings for the following three milestones:
1.8.1 After the placement of strand. The as -built
drawings shall depict the length of the
strand; number of cable arms, extension arms
and guard arms, down guys, anchors and any
other hardware related to the placement of
messenger strand. With this as -built set of
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SPECIAL PROVISIONS
drawings, the Contractor shall furnish all
information related to the pole height
attachments.
1.8.2 After the placement of fiber optic cable, the
Contractor shall furnish another set of as -
built drawings confirming the locations of
slack loops and splice enclosure cable
slacks.
1.8.3 After the completion of all work and before
submitting request for the final payment. The
Contractor shall furnish a final as -built set
showing all the information above with any
changes and modifications to the original
installation.
1.9 Schedule and Progress Reports
The Contractor shall provide the City with a proposed
project schedule for City's approval prior to the start of
the construction.
The Contractor shall provide the City bi-weekly
progress report outlining completed and remaining work.
1.10 Optional Task
The Contractor shall furnish all material and labor to
install and connect other buildings to the City's fiber
optic network. All material shall consist of cable,
attachment hardware, demarcation point hardware such as
splicing enclosures, patch panels and patch cord, risers,
conduits and all other parts required to complete the
connection, pursuant to the Unit Pricing established in this
Contract.
2.1 Splice Enclosures
Splice Enclosures shall meet Bellcore Testing
Requirement GR-711-CORE. The Contractor shall furnish and
install Preformed Line Products (PLP)Coyote closures.
Standard 22" long and 8.5" in diameter Coyote enclosures
shall be placed for loose buffer tube fiber optic cable.
The enclosures shall be for aerial and underground use and
the enclosures shall be furnished with six port three
section end plates, one blank end plate and express storage
compartment kit.
2.2 Patch Panels
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SPECIAL PROVISIONS
The Contractor shall furnish and install heavy duty,
rugged, fiber optic distribution enclosures at all locations
identified in Schedule C of the Contract Pricing Form. The
wall -mount patch panels shall be installed in City remote
facilities, inside the building and almost all inside a
NEMA-3 communications cabinet. The connector panels shall
be standard single mode fiber SC type. The patch panels
shall have fiber slack storage, splice tray storage if
applicable, gasketed cable entry, top and bottom cable entry
ports and key locking mechanism on the double metal doors.
The Contractor shall provide adequate identifying markings
on all ports that fiber is terminated and connectorized.
2.3 Patch Cords
The patch cords shall conform to published
connector/cable specifications. The single mode patch cords
shall be duplex cable assembled and produced using 9/125 um
fiber and ceramic ferruled connectors. The patch cord
connectors shall SC -SC or SC-ST as described in Schedule B
of the Contract Pricing Form. The connector utilized in this
project shall be high -density SC modules. The associated
losses for these connectors shall be under 0.5 dB. All patch
panels required under this contract shall be 12 ports.
2.4 Terminations at Leonis Substation
The Contractor shall connectorize and terminate an
additional 24 strands of existing fiber at the existing
patch panel. Currently, the existing 72 port patch panel
only has its 48 ports populated. The Contractor shall
terminate fiber strands 49 through 72 at the remaining 24
available ports.
2.5 Terminations at Fire Station No. 1
The Contractor shall connectorize and terminate 48
stands of existing fiber at two 24 port patch panels a Fire
Station No. 1. Fiber strands 1 through 24 shall be
terminated in one existing 24 port patch panel and fiber 73
through 96 shall be terminated in the other existing 24 port
patch panel.
3.0 Aerial Line Construction
The Contractor shall build strand and place fiber optic
cable at the following location routes, as shown on Project
Map Appendix "A":
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SPECIAL PROVISIONS
9 57thStreet between Alameda Street and Santa Fe Avenue,
• 51st Street, between Alameda and Well No. 18,
• Alameda Avenue between 57th Street and 38th Street,
• Vernon Avenue between Alameda Avenue and Santa Fe Avenue,
• 38th Street/Irving/37th Street,
• Santa Fe Avenue between 37th Street and Vernon Avenue,
• Vernon Avenue between Santa Fe Avenue and Alcoa Avenue,
• Downey Road between Fruitland Avenue and 50th Street,
• 50th Street between Downey Road and Alcoa Avenue,
• 26th Street, Downey Overpass to Splice Enclosure No. 31,
• Washington Boulevard Sump,
• District Boulevard Well No. 20.
3.1 Fiber Optic Cable
The Contractor shall install City furnished fiber optic
cable. The cable shall be Pirelli Cable consisting of a
25,000 of 24-count single mode cable and 33,000'of 288-count
single mode fiber cable delivered to the City Hall Warehouse
on wooden reels.
The Contractor shall be responsible for the safe
keeping of the fiber optic cable starting from the time the
City delivers the reels to the Contractor up till and
including the complete commissioning of the system.
The Contractor must be aware of the cable's minimum
bend radius and pulling tension during installation. The
minimum bending radius, as specified by the manufacturer,
for loaded conditions, and unloaded conditions must not be
exceeded.
Maximum pulling tensions during installation are
specified by the manufacturer and should not be exceeded at
any time. The cable must be installed using the minimum
possible tension. For permanent installed cable conditions,
the tensile load on the cable shall be kept to a minimum,
well below manufacturer's specification for tensile load in
a permanent installation
3.2 Fiber Optic Pre -installation Test
At the time of delivery, the cable manufacturer's
representative will be present to visually inspect the
condition of the delivered cable. The Contractor shall be
present to visually inspect and verify the condition of the
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SPECIAL PROVISIONS
delivered cable for any damages during shipping. The
Contractor shall immediately notify the manufacturer
representative, shipper and the City of any anomalies or
other conditions not meeting specifications. The
Contractor shall test all three reels in one direction at
1550 nm uni-directionally and losses shall not exceed 0.3
dB/km. The Contractor shall provide the City with documented.
test results in electronic format and a hard copy within
three days from the delivery date.
The Acceptance Test. This test will be performed after
the entire fiber optic system has been completely installed
and ready for commissioning. It shall provide the final
commissioning data for engineering acceptance and archive
data. The cable shall be tested with an Optical Domain
Reflectometer (OTDR) and power meter test at dual wave
length of 1310 nm and 1550 nm on any applicable end -to -end
points and test reports shall be provided to the City in
hardcopy on City furnished Cable Testing Logs.
3.3 Pole Attachments
The Contractor shall attach the fiber optic cable and
associated attachment hardware to the existing City owned
distribution pole within communication space. Street
crossing and railroad crossings shall comply with California
Public Utilities Commission General Order 95 minimum
requirements.
In general, the proposed fiber optic cable shall be
installed at a minimum depth of one and a half feet above
telephone lines. Portions of this project line construction
consist of overlashing the existing fiber optic cable plant.
The Contractor shall remove any existing loose overlash
wire prior to placing new fiber optic cable on the route.
3.4 Aerial Slack Loops
The Contractor shall furnish and install aerial slack
loops pursuant to the Make Ready Plans and instructions.
The location of slack loops as shown on plans can only be
adjusted only with City Representative's approval. All
slack loops shall be installed and the Contractor shall not
eliminate without the City's approval. The City plans to
use certain aerial slack loops for future splice enclosures.
The "figure 8" snow shoes shall be neatly installed at both
ends of slack loops.
3.5 Riser Details
-E-7-
SPECIAL PROVISIONS
The Contractor shall install the entire vertical riser
the same size as the sweep rising from the ground without
placement of any reducers. The proposed risers shall either
be 4" conduit or 2" conduits. The vertical risers above
ground and on the body of the power pole shall be schedule
80, Polyvinyl Chloride (PVC) conduit.
On poles, supporting communication and supply
conductors, vertical runs, risers, ground wire, guys and
hardware, where practicable shall be a minimum of 1-1/2
inches apart. The PVC and other protective coverings shall
be installed in a workmanlike manner. The methods used are
subject to the approval of the City and should not conflict
with the requirements of G.O. 95 Rule 84.6-E. The PVC
couplings are to be cemented to PVC conduit at top socket of
couplings. The lower socket of all couplings are not to be
cemented to allow for expansion and contraction of conduit.
3.6 Cable Identification Requirements
The Contractor shall identify the fiber optic cable at
every underground access point, on every aerial splice
casing,,and at all pole attachments. Tags shall be attached
securely. Each cable identification tag will provide the
following information:
City Identification - Each identification shall
indicate that the cable is the property of City of Vernon.
Each identification shall provide a laser light hazard
indication in accordance with approved Federal and State
standards.
3.7 Approved Manufacturers
Siecor
AMP Netconnect
Superior Modular Products
Fibertron
Pirelli Cables and Systems
Alcatel
Preformed Line Products (PLP)