Resolution No. 94981
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
RESOLUTION NO..9498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. SIX TO MAINTENANCE AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND VCI TELCOM,.INC.
WHEREAS, on November 7, 2001, the City Council of the City
of Vernon adopted Resolution No. 7854 approving and authorizing the
execution of a Maintenance Agreement (the "Agreement") with VCI
Telcom, Inc. ("VCI") for maintenance and emergency restoration
services on the City's fiber optic network system on an as -needed
basis; and
WHEREAS, on December 4, 2002, the City Councilof the City of
(Vernon adopted Resolution No. 8110 approving and authorizing the
execution of Amendment No. One to the Agreement with VCI extending the.
Iterm of the Agreement through and including December 17, 2003; and
WHEREAS, on February 4, 2004, the City Council of the City of
Vernon adopted Resolution No. 8368 approving and authorizing the
execution of Amendment No. Two to the Agreement with VCI extending the
term of the Agreement through and including December 17, 2004; and
WHEREAS, on December 15, 2004, the City Council of the City
of Vernon adopted Resolution No. 8622 approving and authorizing the
execution of Amendment No. Three to the Agreement with VCI extending
the term of the Agreement through and including December 17, 2005; and
WHEREAS, on December 7, 2005, the City Council of the City of
Vernon adopted Resolution No. 8926 approving and authorizing the
execution of Amendment No. Four to the Agreement with VCI extending the
term of the -Agreement through and including December 17, 2006; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on November 22, 2006, the City Council of the City
of Vernon adopted Resolution No. 9171 approving and authorizing the
execution of Amendment No. Five to the Agreement with VCI extending
the term of the Agreement through and including December 17, 2007; and
WHEREAS, in accordance with Section 9.G of the Agreement,
the City of Vernon and VCI desire to amend the Agreement to extend the
term through and including December 17, 2008, under the same terms and
conditions of the existing Agreement, to update the Emergency Call Out
List identified in Exhibit A of the Agreement and to update the
schedule of labor, equipment and material rates identified in Exhibit
C of the Agreement; and
WHEREAS, City staff has recommended that a sixth amendment
to the Agreement with VCI be approved and executed.
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. Six to Maintenance Agreement 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 or Mayor Pro-Tem to execute said Amendment for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City'of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 City Clerk, or her designee, to send one fully executed
Amendment to:
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11th Street
Upland, CA 91786
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of December, 2007.
A EST:
MA UELA GIRON, Cit Clerk
Name: Leonis C. Malburg
Title: Mayor /�-P3 goo-TPm
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9498, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, December 17, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
ANUELA GIR N, City Clerk
- 4 -
1
2
3
4
5
6
7
8
9
10
AMENDMENT NO. SIX TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. SIX TO THE MAINTENANCE AGREEMENT 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 17th day of December, 2007.
IBY AND BETWEEN
AND
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
43,05 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
�- mTT f
WHEREAS, the City and VCI Telcom are parties to a Maintenance
Agreement dated November 7, 2001 and effective December 17, 2001
(hereinafter referred to as the "Agreement") under which VCI Telcom was
to perform maintenance and emergency restoration services on the City's
fiber optic network system on an as -needed basis; and
WHEREAS, the City and VCI Telcom are parties to a Amendment
No. One to the Agreement dated on or about December 11, 2002, Amendment
No. Two to the Agreement dated on or about February 4, 2004, Amendment
No. Three to the Agreement dated on or about December 15, 2004,
Amendment No. Four to the Agreement dated on or about December 7, 2005
and Amendment No. Five to the Agreement dated on or about November 22,
2006 (hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2007; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14 li
15
16
17
18
19
21
22
23
24
25
26
27
28
WHEREAS, the total annual amount to be paid to VCI Telcom
under the Agreement was a sum not'to exceed Seventy -Five Thousand
Dollars and No Cents ($75,000.00); and
WHEREAS, less than.Twenty Thousand Dollars and No Cents
($20,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on November 15, 2007,
Ithat it was willing to continue its maintenance and emergency
restoration services for another year under the same terms and
conditions of the existing Agreement and submitted an updated Emergency
Call Out List and schedule of labor and equipment rates to the City;
and
WHEREAS, the City and VCI Telcom desire to extend the time of
performance of VCI Telcom's Agreement from December 17, 2007.through
December 17, 2008, under the same terms and conditions of the existing
Agreement; and
WHEREAS, Exhibit "'A" of the Agreement will be amended to
reflect a new Emergency Call Out List; and
WHEREAS, Exhibit "C" of the Agreement will be amended to
reflect new labor, equipment and material rates; and
WHEREAS, Section 5 of the Agreement allows for changes and
additions to the scope of services to be performed by VCI Telcom and
adjustments in compensation; and
WHEREAS, Section 9.G of the Agreement provides for amendments
and modifications to the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Item 2 of the Agreement entitled "TIME OF
PERFORMANCE" is hereby amended by replacing the text so that it now
- 2 -
1 reads as follows:
2 VCI Telcom's services, at the rates proposed under
3 the original Agreement, shall be extended under
4 Amendment No. Six to the Agreement until
5 December 17, 2008, unless the Agreement is otherwise
6 terminated or extended.
7 SECTION 2: Exhibit "A" of the Agreement, Emergency Call Out
8 List, is hereby amended by replacing with a new updated List which is
9 attached hereto as Exhibit A and incorporated by reference.
10 SECTION 3: Exhibit "C" of the Agreement, Equipment Rates,
11 is hereby amended by replacing with new updated rates, a copy of which
12 is attached hereto as Exhibit C and incorporated by reference.
13 SECTION 4: In all other respects, the terms and conditions
14 of the Agreement shall be renewed in its entirety.
15 IN WITNESS WHEREOF, City and VCI Telcom have executed this
16 Amendment as of the date first hereinabove set forth.
17 CITY OF VERNON
18 By:
19 LEONIS C. MALBURG, Mayor
ATTEST:
20
21 MANUELA GIRON, City Clerk
22 APPROVED AS TO FORM:
23
JEFF A. HARRISON, City Attorney
24 VCI TELCOM, INC.
25 (which will do business in California
as Delaware VCI Telcom, Inc.)
26 By;
27 Title:
28 By:
Title
_3 _
1 Wife
VCU -relcorn- Inc.
A Subsidiary of Quanta Services, Inc.
UPDATED: I IH5/07
4nd Quarter 2007
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND Omm
EMPLOYEE TITLE OFFICE PH: CELL PH: HOME PH:
FRANK MADERA
GEN SUP
(909) W16-09%
(562) 8244551
(951) 78"103
GERRY BEESON
SUPER
(909) 946-0905
(662) 577-6758
(562) W"075
JAYFERGUSON
SUPER
(909) 946-om
(951) 232-NN
(949) 589-9423
GARY THOMP'SON
FOREMAN
(909) 946-OM
(9" 841_7506
(714) 539-4838
BRIAN MARTISON
FOREMAN
(gog) 90-0905
(951) 232-7021
(619) 247-8295
SHANE SHORES
FOREMAN
(909) 946-0905
(951) 830-9427
(760) 244-3239
BRETT BIGNAMI
FOREMAN
(909) 946-O5
(951) 232-5227
(909) 899-3496
CHARLE:S MARRIOTT FOREMAN
(909) 946-0905
(951) 538-6487
(7W) 949,3037
JOE CLAVEAU
AWFST
(m) go -ow
(951) 232- 475
(951) W"697
AERW L DA4SION
EMPLOYEE
T /TLE
OFFICE PH.
CELL PH.
HOME PH:
JIM SCOTT
FOREMAN
(909) 946-0905
(909) 841-8660
(605) 654-1905
SPLICING DMSION
DAN CORREA
VICE PRESIDENTfrECHNICAL ADVISOR
(909)322-8620
MIKE SEGALA
SUPERVISOR
(909)376-SWO
DAISY REYNA
TECH.
(909)721-7623
CONSTRUCnONSERVICES AT ITS FWESTI
1921 W. I Ith Street
Upland, CA 91786
Offrce#(909)946-0905 FaxR909)945-0924
EXHIBIT C
Project Name VERNON MAINTENANCE Project Location CITY OF VERNON CUSTOMER City of Vemon
Contact ALI NOUR Contract Limit Purch. Order No.
VCI Job # Period Ending 2007-2008 Invoice No,
Hours Worked
TOTAL
Supervisor
$61.90
$
SuPenrlsor OT
$92.85
Supervisor DT
$123.80
Foreman
$51.90
Foremen OT
$77.85
$
Foreman DT
$103.80
J---
OPerstor
$45,02
Ooerator OT
$67.53
$
029rator DT
$90.04
$
Lineman
$43.90
$
Lineman OT
$65.85
$
Lineman OT
$07.80
$'
Truckdrlver
$39.96
$
Truckdriver OT
$59.04
$
TuckDrlver DT
$79.02
$
2 Man Hourly Crew rate w/equipment
$145.00
$
3 Man Hourly Crew rate w/equipment
$189.50
$
4 Man Hourly, Crew rate w/equipment
$225.50
$
Laborer
$36.94$
Laborer OT
$55.41
Laborer DT
$73.88
S ticer C . r
$65.25
$
S Iloar Comer OT
$97.88
$
SpIloer Copper DT
$130.50
$
icer Fiber
$77.00
Is
SID11cerFiber OT
$115.50
Splicer DT
$154.00
Pick -Up
14.42
1 Ton Truck Foreman/Crew
18.03
1 1/2 to 2 Ton Truck
20.09
Fletbad Dump
$20.09
Rock Saw
250.47
Generator
$9.79
Com ressor/Tools
$16.97
S
Cable Doll
Arrowboard
$1 .91
$
EQUIPment Trailer
$10.82
g
Gas Tamper
$15.97
S
LowboY Trailer
$38.83
Water Truck
$28.27
Vacuum Truck
$27.30
S
Backh a
30.39
Unlloader,
27.30
Vlber-Max Roller
$18.03
$
Rodder Truck
$40.69
80b2at
$27.30
Pressure Washer
117'00
$
Ditch Witch, 1720 D.B.
$104.55
$
Ditch WltCh 4020 0. B.
$130.30
S
Hog Davis H135
$17.51
$
10 Wheeler Dump
30.39
Hand Concrete Saw
8.18
$
Buoket Truck-Telsta
$X39
D' er Derrick
$33.48
$
Arno Fiber Puller
$13.91
$
S loi truck w/ tooWe ui ment
$28.27
Rented E ul ment + 15%
Material + 15%
Total Amount Billable
Amount Due this Bills
$
a
;
-db, _ .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 2, 2008
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. Ilth Street
Upland, CA 91786
Re: Amendment No. 6 to Maintenance Agreement
Dear Mr. Xanthos:
Transmitted herewith is a fully executed amendment as referenced
above, approved by City Council on December 17, 2007, through
Resolution No. 9498.
If you have any questions regarding this matter, please call Mr. Ali
Nour, at (323) 583-8811 ext. 316.
Very truly yours,
Nel n
Y
City Clerk
NG:dr
c: Ali Nour
Dolores Jaunzemis
Resolution No. 9498
Agreement File No. 07-141
E ,cfusivefy Industrial
1
2
3
4
5
6
7
8
9
10
AMENDMENT NO. SIX TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. SIX TO THE MAINTENANCE AGREEMENT 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 17th day of December, 2007.
IBY AND BETWEEN
AND
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. 11th Street
Upland, CA 91786
WHEREAS, the City and VCI Telcom are parties to a Maintenance
Agreement dated November 7, 2001 and effective December 17, 2001
(hereinafter referred to as the "Agreement") under which VCI Telcom was
Ito perform maintenance and emergency restoration services on the City's
fiber optic network system on an as -needed basis; and
WHEREAS, the City and VCI Telcom are parties to a Amendment
No. One to the Agreement dated on or about December 11, 2002, Amendment
No. Two to the Agreement dated on or about February 4, 2004, Amendment
No. Three to the Agreement dated on or about December 15, 2004,
Amendment No. Four to the Agreement dated on or about December 7, 2005
and Amendment No. Five to the Agreement dated on or about November 22,
2006 (hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2007; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, the total annual amount to be paid to VCI Telcom
under the Agreement was a sum not to exceed Seventy -Five Thousand
Dollars and No Cents ($75,000.00); and
WHEREAS, less than Twenty Thousand Dollars and No Cents
($20,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on November 15, 2007,
that it was willing to continue its maintenance and emergency.
restoration services for another year under the same terms and
conditions of the existing Agreement and submitted an updated Emergency
Call Out List and schedule of labor and equipment rates to the City;
and
WHEREAS, the City and VCI Telcom desire to extend the time of
performance of VCI Telcom's Agreement from December 17, 2007 through
December 17, 2008, under the same terms and conditions of the existing
Agreement; and
WHEREAS, Exhibit "A" of the Agreement will be amended to
reflect a new Emergency Call Out List; and
WHEREAS, Exhibit "C" of the Agreement will be amended to
reflect new labor, equipment and material rates; and
WHEREAS, Section 5 of the Agreement allows for changes and
additions to the scope of services to be performed by VCI Telcom and
adjustments in compensation; and
WHEREAS, Section 9.G of the Agreement provides for amendments
and modifications to the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Item 2 of the Agreement entitled "TIME OF
PERFORMANCE" is hereby amended by replacing the text so that it now
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ireads as follows:
VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
Amendment No. Six to the Agreement until
December 17, 2008, unless the Agreement is otherwise
terminated or extended.
SECTION 2: Exhibit "A" of the Agreement, Emergency Call Out
List, is hereby amended by replacing with a new updated List which is
attached hereto as Exhibit A and incorporated by reference.
SECTION 3: Exhibit "C" of the Agreement, Equipment Rates,
is hereby amended by replacing with new updated rates, a copy of which
is attached hereto as Exhibit C and incorporated by reference.
SECTION 4: In all other respects, the terms and conditions
of the Agreement shall be renewed in its entirety.
IN WITNESS WHEREOF, City and VCI Telcom have executed this
(Amendment as of the date first hereinabove set forth.
CITY OF VERNON
B Y :c�Y�uG
I�EO_NIS C. M LBIBUURG Mayor
AT EST:
M NUELA GIR-'N,. tAy Clerk
APPROVEOAS TO FORM:
JFfAt.J �f3ARRISON, City Attorney
/' �(v' VCI TELCOM, INC.
(which will do business in California
as r)o, , r^ VCI T lcom, Inc.)
By:
A701-
Title: / 1) Rod
By:
Title
- 3 -
EXHIBIT A
VC1-relcom- Inc.
A Subsidiary of Ownlle Services, Inc.
UPDATED:11/15/07
4nd Quarter 2007
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND OI NEW
EMPLOYEE TITLE OFFICE PH. CELL PH: HOME PH:
FRANK MADERA
GEN SUP
(909) 946-NO
GERRY BEESON
SUPER
(909) 946-0905
JAY FERGUSON
SUPER
(909) 946.OM
GARY THOMPSON
FOREMAN
(909) 946-OM
BRIAN MARTISON
FOREMAN
(909) 946-09m
SHANE SHORES
FOREMAN
(909) 946-0905
BRETT BIGNAMI
FOREMAN
(909) 9464)905
CHARLES MARRIOTT FOREMAN
(909) 946-0905
JOE CLAVEAU
PUNIEST
(on) w-0905
AERWL DIVISION
EMPLOYEE
TITLE
OFFICE PH:
JIM SCOTT
FOREMAN
(909) 946-0905
SPLICING DIVISION
DAN CORREA VICE PRESIDENTfrECHMCAL ADVISOR
MIKE SEGALA SUPERVISOR
DAISY REYNA TECH.
(562) 8241551
(562) 577-6768
(951) 232-MM
(ON) 841-7506
(951) 232-7021
(951) 830-9427
(951) 232 5227
(951) 538-6487
(951) 232-475
(951) 78"103
(562) 863-8075
(949) 589-9423
(714) 539-4838
(619) 247-8295
(760) 244-3239
(909) 899-3496
(780) 949-0037
(951) 5' "097
CELL PH: HOME PH:
(909) 841-86W (805) 654-1905
(909)322-8620
(909)376-8080
(909)721-7623
COMSTRUC710M SERVICES AT ITS FWEST!
1921 W. I Ith Street
Upland, CA 91786
Office#(909)946-0905 Fax#(909)94640924
Project Name VERNON MAINTENANCE Project Location CITY OF VERNON
Contact ALI NOUR Contract Limit
VCI Job # Period Ending 2007-2008
CUSTOMER City of Vemon
Purch. Order No.
Invoice No.
Hours Worked
TOTAL
Supervisor
$61.90
$
Su ervleor OT
$92.85
Supervisor DT
$123,80
Foreman
$51.90
$
Foreman OT
77.85,-
g
Foremen DT
$103.80
operator
$45.02
_
Operator OT
$67.53
$
Operator DT
$90.04
Lineman
$43.90
$
Lineman OT
$65.85
$
Lineman DT
$07.80
$
Truckdrlver
$39.96
$
Truckdriver OT
$59.94
$
TuckDdver DT
$79.02
_-
$
2 Man Hourly Crew rate wlequlpment
$145.00
$
3 Man Hourly Crew rate wlequlpment
$189.50
$ ;
4 Man Hourly.Crew rate w/equipment
$226.60
$
Laborer
Laborer OT
$55.41
Laborer DT
$73.88
—Splicer Copper
65.25
$1
-891-1wCooper OT I
S47,80
S
Splicer Copper OT
$130.50
g
Splicer Fiber
$77.00
Slicer Fiber OT
1115.50
licer DT
$154.00
Pick -Up
14 42
1 Ton Truck foreman/Crew
18.03
1 1/2 to 2 Ton Truck
20.09
Flatbed Dump
20.09
_
Rook Saw
50.47
Generator
$9.79
Com r/Toois
$16.97
$
Cable Dolly
$10.82
Arrowboard
$13.91
$
EQUIPMent Tillier
$10.82
$
s Tamper,
$16.97
$
LowboY Troller
$38.83
Water Truck
28.27
Vacuum Truck
$27.30
$
Backh a
930.39
Unlloader
$27,30
Vlber-Max Roller
$18.03
RodderTruck
$40.69
BObcat
$27.30
Pressure Washer,
$17,00$
Ditch Witch 1720 D.B.
$104.55
$
Ditch Witch 4020 O.B.
$130.30
Hog DaVIs H136
17,5
$
1OWhmlarDump
$30.39
Hand Concrete Saw
$6.18
Bucket Truck-Telsta
$30.39
QWQar Derrick
$33.48
$
Amco Fiber Puller
$13.91
-
SPIlcing truck w/tools/eau i ment
$26.27
$
Rented E of ment+ 1598
.
Material + 15%
Total Amount Billable
Amount Due this Billing;
$.
$
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
December 11, 2007
VIA FEDERAL EXPRESS
John Xanthos, President
VCI Telcom, Inc.
1921 W. 111-h Street
Upland, CA 91786
Re: Amendment No. Six to Maintenance Agreement
Dear John:
Enclosed please find two duplicate originals of the aforementioned
Amendment which need to be signed by the appropriate parties and
returned to the City, to the attention of Judy Lehr, Legal
Department, as soon as possible. ,
Once the originals are executed by the City, one fully executed
original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature Requirements
for a Corporation for All City Agreements and Contracts" and comply
with the requirements set forth therein.
SinceIjA
Harrison
City torney
JH:em
Enclosures
cc: Ms. Nelly Giron, City Clerk (w/o encls.) ,
i�
Excfusivefy Industfial