Resolution No. 97701
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Ell
RESOLUTION NO. 9770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. SEVEN 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
Iservices on the City's fiber optic network system on an as -needed
lbasis; and
WHEREAS, on December 4, 2002, the_ City Council of the City of
Vernon adopted Resolution No. 8110 approving and authorizing the
execution of Amendment No. One to the Agreement with VCI extending the
term 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
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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, on December 17, 2007, the City Council of the City
of Vernon adopted Resolution No. 9498 approving and authorizing the
execution of Amendment No. Six to the Agreement with VCI extending the
term of the Agreement through and including December 17, 2008; 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, 2009, 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 seventh amendment
to the Agreement with VCI be approved and executed with a not -to -
exceed annual total expenditure of Seventy -Five Thousand Dollars and
No Cents ($75,000.00).
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
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. Seven to Maintenance Agreement with VCI, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
- 2 -
1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for,
3 and on behalf of, the City of Vernon and the City Clerk or Deputy City
4 Clerk is hereby authorized to attest thereto.
5 SECTION 4: The City Council of the City of Vernon hereby
6 authorizes the City Administrator, or his designee, to make whatever
7 nonsubstantive, administrative and/or text changes, upon advice of
8 counsel, to the Amendment.
9 SECTION 5: The City Council of the City of Vernon hereby
10 directs the City Clerk, or her designee, to send one fully executed
11 Amendment to:
12 VCI Telcom, Inc.
Attn: John Xanthos, President
13 1921 W. 11th Street
14 Upland, CA 91786
15 SECTION 6: The City Clerk of the City of Vernon shall
16 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 1st day of December, 2008.
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21 Name:. Leonis C. Malburg
22 Title: Mayor /-yee Pre-T-em•
23 ATTEST:
24 4XIon
M NUELA GIRON; C ty Clerk
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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. 9770, 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 1, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
bANU�*LA GIRO -ity Clerk
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EXHIBIT A
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AMENDMENT NO. SEVEN TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. SEVEN 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 lst day of December, 2008.
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 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'sl
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,
Amendment No. Five to the Agreement dated on or about November 22, 2006
and Amendment No. Six to the Agreement dated on or about December 17,
2007 (hereinafter referred to as the "Amendments") that extended the
1 Agreement through and including December 17, 2008; and
2 WHEREAS, the total annual amount to be paid to VCI Telcom
3 under the Agreement was a sum not to exceed Seventy -Five Thousand
4 Dollars and No Cents ($75,000.00); and
5 WHEREAS, less than Forty Thousand Dollars and No Cents
6 ($40,000.00) has been spent under the Agreement over the past year; and
7 WHEREAS, VCI Telcom notified the City on November 11, 2008,
8 that it was willing to continue its maintenance and emergency
9 restoration services for another year under the same terms and
10 conditions of the existing Agreement and submitted an updated Emergency
11 Call Out List and schedule of labor and equipment rates to the City;
12 and
13 WHEREAS, the City and VCI Telcom desire to extend the time of
14 performance of VCI Telcom's Agreement from December 17, 2008 through
15 December 17, 2009, under the same terms and conditions of the existing
16 Agreement; and
17 WHEREAS, Exhibit "A" of the Agreement will be amended to
18 reflect a new Emergency Call Out List; and
19 WHEREAS, Exhibit "C" of the Agreement will be amended to
20 reflect new labor, equipment and material rates; and
21 WHEREAS, Section 5 of the Agreement allows for changes and
22 additions to the scope of services to be performed by VCI Telcom and
23 adjustments in compensation; and
24 WHEREAS, Section 9.G of the Agreement provides for amendments
25 and modifications to the Agreement.
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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
reads
as
follows:
VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
Amendment No. Seven to the Agreement until
December 17, 2009, 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.
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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
ATTEST:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
JEFF A. HARRISON, City Attorney
M
LEONIS C. MALBURG, Mayor
VCI TELCOM, INC.
(which will do business in California
as VCI Telcom, Inc.)
By:
Title
By:
Title:
- 4 -
A Subsidiary of Quanta.Serviices, Inc.
UPDATED: 01/14=08
1st Quarter 2008
VCI PRIMARY EMERGENCY R TORATI. CONTACTS:
UAVERGROUND D
EMPLOYEE
TITLE
OFFICE. PH,
CELL PH:
HOME PH:
FRANK MADERA
GEN SUPER
(909) 846-0905
(562) 8241.551
(95:1) 78i3=91..0$
GERRY BEESON.
SUPER
•.(562) 577-6758
(562) 863=8075
JAY FERGUSON
SUPER
(909) 946 090;5
(J51):232.-5604
(949) 589-9423
GARY THOMPSON
FOREMAN
(900) 946-09.0.5
(909j:841-7506
(714) 539=4838
BRIAN MARTINSON
` FOREMAN
(909) 946 0905
(951).232 7021:.
(619) 247-8295
SHANE SHORES
FOREMAN.{909)
946-09p..
(951)830 9427
(70) 2443239 -
BRETT:BIGNAMI
FOREMAN
(909) 946-Q905.
(961) 22 5227 :
(909) $99496
CHARLES MARRIOTT FOREMAN
946-0905.
(951) 536-6487
(760) 943037
Jesse Gloria
Esfi nator
(909) 948�0905
(951)4'53-9878
(7Bb) 846 9a59
Estimating
JOE CLAVEAU
Manager
(909) 946-ON6
(951) 232-4475
(951)902.2251
AERIA;f_ DIVISION .
EMPLOYEE
TITLE
OFFICE-PkI;
CELL.;PH: , . ...
HOME PH:
JIM SCOTT
Super,
(909).94f -005
(909) 84.1-8660
(805) 6.64.1905
SPLICING ION_
Shan Gary
FflW8ol.IWnQU'Po.Mw
(909) 84 6646
ROB OPDYKE
VICE, PRESIDENTrtsCHNICAL nQVIsoR-
(909)841,7432
CONSTRUCTION SERVICES A. S FINESTI
1921'. W, 11th Street
Upland,: CA :9.1786;
Of lce#(909)946=U905 Fa*Q00)94e-0924.
Primary
Contact
for all
functions
EXHIBIT C
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4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 11, 2008
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11th Street
Upland, CA 91786
Re: Amendment No. 7 to Maintenance Agreement
Dear Mr. Xanthos:
Transmitted herewith is a fully executed amendment as referenced
above, approved by City Council on December 1, 2008, through
Resolution No, 9770.
If you have any questions regarding this matter, please call Mr. Ali
Nour, at (323) 583-8811 ext. 316.
A
truly yours,
NellylGron
City Clerk
NG:dr
c: D. O'Callaghan
Ali Nour
Purchasing Department
Resolution No. 9770
Agreement File No. 08-118
Excfusivefy Industrial
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AMENDMENT NO. SEVEN TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. SEVEN 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 lst day of December, 2008.
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. 11th Street
Upland, CA 91786
RECITALS
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,
Amendment No. Five to the Agreement dated on or about November 22, 2006
and Amendment No. Six to the Agreement dated on or about December 17,
�2007 (hereinafter referred to as the "Amendments") that extended the
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Agreement through and including December 17, 2008; and
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 Forty Thousand Dollars and No Cents
($40,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on November 11, 2008,
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, 2008 through
December 17, 2009, 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.
- 2 -
1
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
2
THE
PARTIES HERETO AGREE AS FOLLOWS:
3
SECTION 1: Item 2 of the Agreement entitled "TIME OF
4
PERFORMANCE"
is hereby amended by replacing the text so that it now
5
reads
as
follows:
6
VCI Telcom's services, at the rates proposed under
7
the original Agreement, shall be extended under
8
Amendment No. Seven to the Agreement until
9
December 17, 2009, unless the Agreement is otherwise
10
terminated or extended.
11
SECTION 2: Exhibit "A" of the Agreement, Emergency Call Out
12
List,
is
hereby amended by replacing with a new updated List which is
13
attached
hereto as Exhibit A and incorporated by reference.
14
SECTION 3: Exhibit "C" of the Agreement, Equipment Rates,
15
is
hereby amended by replacing with new updated rates, a copy of which
16
is
attached
hereto as Exhibit C and incorporated by reference.
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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 : ��2�..��
EONIS C. MAL RG, Mayor
ATT � : "
9
MANUELA GIRON,"-City Clerk
APPROVED.A 0 FORM:
JEF . HA ISON, City Attorney
VCI TELCOM, INC.
(which will do business in California
as VCI T 1 Inc.)
By:
Titl i9t-to51dw4
B Y :
Ti e : r7h. "Ari�li�6
- 4 -
I ON pol
a
1 •
.ter ti �l• i
T;' •�
A Subsidiary of Quanta Services, Inc.
UPDATED: 01 /1412008
1 st Quarter 2008
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DMSION
EMPLOYEE TITLE
FRANK MADERA GEN SUPER
GERRY BEESON
SUPER
JAY FERGUSON
SUPER
GARY THOMPSON
FOREMAN
BRIAN MARTINSON
` FOREMAN
SHANE SHORES
FOREMAN
BRETT BIGNAMI
FOREMAN
CHARLES MARRIOTT FOREMAN
Jesse Gloria '
Estimator
JOE CLAVEAU
AERIAL D1VISlON
EMPLOYEE
JIM SCOTT
SPLICING DNISION
Shan Gary
ROB OPDYKE
OFFICE PH:
(909) 94"905
(909)946-0905
(909) 946-0905
(909)946-0905
(909) 948=0905
(909) ,946-0905
(909) 946-0905
(909)946-0905
(909) 946-0905
Estimating
Manager (909) 946.0905
TITLE OFFICE PH:
Super. (909) 946-0905
CELL PH:
(562) 824-1551
{562):577-G758
(951) 232-5604
(909) 841-7506
(951) 232-7021
(951) 830-9427
(951)232-5227
(951) 538-6487
(951)453-9879
HOME PH:
(951) 786-9103
(562) 863-8075
(949) 589-9423
(714) 539-4838
(619) 247-8295
(760) 244-3239
(909) 899-3496
(760) 949-3037
(760) 846.9559
(951) 232-4475 (951) 902-2251
CELL PH: HOME PH:
(909) 841-8660 (805)654-1905
Fiber Splicing Supervisor (909) 8 41-8646
VICE PRESIDENT/TECHNICAL ADVISOR (909)841-7432
CONSTRUCTION SERVICES AT ITS FINESTI
1921 W. 11th Street
Upland, CA 91786
Office#(909)946=0905 Fax#(909)946-0924
Primary
Contact
thrall
functions
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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
November 25, 2008
VIA FEDERAL EXPRESS
Mr. John Xanthos, President
VCI Telcom, Inc.
1921 W. IIth Street
Upland, CA 91786
Re: Amendment No. Seven to Maintenance Agreement
Dear John:
Enclosed please find two duplicate originals of the aforementioned
Agreement, which need to be signed by the appropriate parties and
returned to the City, to the attention of Judy Lehr, City Attorney
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.
Sincerer ,
s
J' A. arrison
City At ,orney
JH:em
Enclosures
cc: Ms. Nelly Giron, City Clerk (w/o encls.) (Resolution No. 9770)
E7,-cfusivefy Industfiaf
INTEROFFICE[
Light & Power Department
DATE: November 13, 2008
TO: Eric Fresch
City Administrator
FROM: Donal O'Callaghan
Director of Light and Power
MEMORANDUM
SUBJECT: VCI Telecom,Inc. Maintenance Agreement Extension
APPROVED DEC 01 '08 CITY COUNCIL
CITY.0 RK DI DISTRIBUTION
°2—
The Fiber Optic Division of the Light & Power Department recommends an amendment
to the existing annual Maintenance Agreement with VCI Telecom, Inc., covering routine
maintenance and emergency restoration services on the City's Fiber Optic system.
The amendment would cover extending the time of performance for one additional year
on an as -needed basis for a not -to -exceed $75,000. VCI Telecom, Inc. has submitted a
Letter of Interest (attached) in renewing the annual Maintenance Agreement with no
changes in the terms of the Agreement.
The Maintenance Agreement covers planned cable moves from one utility pole to
another and emergency restoration activities such as a car -hit -pole, accidents creating a
cable cut or transfer of cable due to utility pole replacements.
The existing Maintenance Agreement with VCI Telecom, Inc. was established six years
ago with a not -to -exceed annual total expenditure of $75,000. Last year, the total
expenditure on maintenance activities was less than $39,000.00.
If you need additional information, please do not hesitate to call me.
DO: rmt
Attachment
c: City Attorney
Ali Nour
Document Control -- VCI 2008/09 Maintenance Contract
Telcom. Inc.
November 11 t" 2008
Ali Nour
City of Vernon
2nd Floor Utilities
4305 Santa Fe Ave.
Vernon, CA 90058
RE: Maintenance Contract Extension
Dear Mr. Nour,
PH 323-583-8811 xt 316
FX 323-826-1435
PO#011.0002537
VCI Telcom, Inc. agrees to be available for all maintenance and emergency restoration
services for the City of Vernon for the year 2009 at the existing terms and conditions.
Our Crew rates and equipment rates were increased 3% last year due to the cost of
fuel. We have elected to leave them as they are for the following year of 2009. We
offer 24 hour service for all of your telecommunication needs. If we are required to
perform unscheduled work, we will bill the City of Vernon at a premium hourly rate. If
this work can be scheduled ahead of time, we will either negotiate a lump sum rate or
bill at our regular hourly rates. I have attached our updated Emergency Call -Out List. If
you have any questions please give me a call at 909-946-0905.
Respectfully submitted,
VCI Telcom, Inc.
John Xanthos
President
CC:
me
Roy Brown
1921 W. 11tt' Street, Upland, CA 91786
(909) 946-0905 * (909) 946-0924
California State License 766716
VCi Telcom_ I:nc.
A Subsidiary of Quanta Services, Inc.
UPDATED: 01 /14/2008
1 st Quarter 2008
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DIVISION
EMPLOYEE TITLE OFFICE PH. CELL PH: HOME PH:
FRANK MADERA GEN SUPER (909) 946-0905
GERRY BEESON
SUPER
(909) 946-0905
JAY FERGUSON
SUPER
(909) 946-0905
GARY THOMPSON
FOREMAN
(909) 946-0905
BRIAN MARTINSON
'FOREMAN
(909) 946-0905
SHANE SHORES
FOREMAN
(909) 946-0905
BRETT BIGNAMI
FOREMAN
(909) 946-0905
CHARLES MARRIOTT FOREMAN
(909) 946-0905
Jesse Gloria
IEstimator
(909) 946.0905
(562) 824-1551
(562) 577-6758
(951)232-5604
(909) 841-7506
(951) 232-7021
(951) 830-9427
(951) 232-5227
(951) 538-6487
(951)453-9879
(951)786-9103
(562) 863-8075
(949) 589-9423
(714) 539-4838
(619) 247-8295
(760) 244-3239
(909) 899-3496
(760) 949-3037
(760) 646.9559
Estimating
JOE CLAVEAU
Manager (909) 946-0905
(951) 232-4475 (951) 902-2251
AERIAL DIVISION
EMPLOYEE
TITLE OFFICE PH.
CELL PH. HOME PH.
JIM SCOTT
Super. (909) 946-0905
(909) 841-8660 (805) 654-1905
SPLICING DIVISION
Shan Gary
Fiber Splicing Supervisor
(909) 841-8646
ROB OPDYKE
VICE PRESIDENT/TECHNICAL ADVISOR
(909)841-7432
CONSTRUCTION SERVICES AT ITS FINESTI
1921 W. 11th Street
Upland, CA 91786
Office#(909)946-0905 Fax#(909)946-0924
Primary
Contact
for all
functions
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.A — • _
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 2, 2008
VCI Telcom, Inc.
Attn: John Xanthos, President.
1921 W. 11th 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,
N61ly Gin
City Clerk
NG:dr
c: Ali Nour
Dolores Jaunzemis
Resolution No. 9498
Agreement File No. 07-141
E ,cfusivefy Industrial
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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 VC -I 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
ITelcom, Inc. ("VCI") for maintenance and emergency restoration
Iservices on the City's fiber optic network system on an as -needed
lbasis; and
WHEREAS, on December 4, 2002, the City Council.of the City of
Vernon adopted Resolution No. 8110 approving and authorizing the
execution of Amendment No. One to the Agreement with VCI extending the,
term 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. 862.2 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. 892.6 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
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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
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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
jAmendment to:
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 1Ith 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 Y
C erk
- 3 -
Name: Leonis C. Malburg
Title: Mayor
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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.
ANUELA GIR N, City Clerk
(SEAL)
- 4 -
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110 41,111
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AMENDMENT NO. SIX TO
MAINTENANCE AGREEMENT
THIS AMENDMENT N0. 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.
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 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
I WHEREAS, the total annual amount to be paid to VCI Telcom
2 under the Agreement was a sum not to exceed Seventy -Five Thousand
3 Dollars and No Cents ($75,000.00); and
4 WHEREAS, less than Twenty Thousand Dollars and No Cents
5 ($20,000.00) has been spent under the Agreement over the past year; and
6 WHEREAS, VCI Telcom notified the City on November 15, 2007,
7 that it was willing to continue its maintenance and emergency.
8 restoration services for another year under the same terms and
9 conditions of the existing Agreement and submitted an updated Emergency
10 Call Out List and schedule of labor and equipment rates to the City;
11 and
12 WHEREAS, the City and VCI Telcom desire to extend the time of
13 performance of VCI Telcom's Agreement from December 17, 2007 through
14 December 17, 2008, under the same terms and conditions of the existing
15 Agreement; and
16 WHEREAS, Exhibit "A" of the Agreement will be amended to
17 reflect a new Emergency Call Out List; and
18 WHEREAS, Exhibit "C" of the Agreement will be amended to
19 reflect new labor, equipment and material. rates; and
20 WHEREAS, Section 5 of the Agreement allows for changes and
21 additions to the scope of services to be performed by VCI Telcom and
22 adjustments in compensation; and
23 WHEREAS, Section 9.G of the Agreement provides for amendments
24 and modifications to the Agreement.
25 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
26 THE PARTIES HERETO AGREE AS FOLLOWS:
27 SECTION 1: Item 2 of the Agreement entitled "TIME OF
28 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
B Y :
19 AT.
�O�NIS C. M BURG, Mayor
T ES
20
21 M NUELA GIR N, City Clerk
22 APPROVE AS TO FORM:
23 4 J&LL�-
J A ARRISON, City Attorney
24 VCI TELCOM, INC.
25 (which will do business in California
as n VCI T lcom, Inc.)
26 By:
27 Title:
28 By.
Title:
—P --Z
EXHIBIT A
UPDATED:11115107
4nd Quarter 2007
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
MWARGRO(/ND OIt/LSJDN
EMPLOYEE nrLE OFFICE PH. CELL PH., HOME PH:
FRANK MADERA
GEM SUP
(909) 946-0905
GERRY BEESON
SUPER
(909) 946-0905
JAY FERGUSON
SUPER
(909) 94"905
GARY THOMPSON
FOREMAN
(909) 946-0905
BRIAN MARTISON
FOREMAN
(909) 946-0905
SHANE SHORES .
FOREMAN
(909) 946-M5
BRETT BIGNAMI
FOREMAN
(909) 9464)905
CHARLES MARRIOTT FOREMAN
(ON) 945-0905
JOECLAVEAU
PmWsT
(909) ga-090
AERML DAWON
EMPLOYEE
T17LE
OFFICE PH.
JIM SCOTT
FOREMAN
(909) 946-0905
00161fmcil-11�� •
DAN CORREA VICE PRESIUENTNECHNICAL AWSOR
MIKE SEGALA SUPERVISOR
DAISY REYNA. TECH.
(562) .824-1551
(582) 577-6758
(951) 232-5604
(909) 841-7506
(951) 232-7021
(951) 830-9427
(951) 232 5227
(951) 538-6487
(951) 222-4475
`(951) 78"103
(562) 86MO75
(90) 589-9423
(714) 539-4838
(619) 247-8295
(760)244-3239
(909) 899-3496
(760) 949-3037
(951) WS-6097
CELL PH: HOME PH:
(ON) 841-8660 (805) 654-1905
(909)322-8620
(909)376-SWO
(909)721-7623
CONSTRUCT M SERMES AT 1TS FNVESTI
1921 W. I Ith Street
Upland, CA 91786
OfficaW909)946-0905 Faxf(909)946-M4
EXHIBI7C' C
Project Name VERNON MAINTENANCE Project Locatlon CITY OF VERNON CUSTOMER City of Vemon
Contact AU NOUR Contract Limit P.urch.Order No.
VCI Job # Period Ending 2007-2008 Invoice No.
HourcWarkad
TOTAL
S rvleor
$61.90
Supervisor-OT
$92.85
Supemsor DT
1123.80
Foreman
$51.90 .
Foreman OT
77 85_
g
Foreman DT
1 3.86 .
Operator '...
.145.22,
Operator OT
$67.63
Operator DT
$90.04
Unaman
$43.90
S
Lineman OT
$65.86
$
Lineman OT_
$07.90
T.ruckdrlver
$38.99..
$
Truckdriver OT
$59.p4
$
TuckDrlver DT
$78.02
$.
2 Man Hourly Crew rate wlequlpment..
- $145,00
$
3 Man Hourly Crew rate w/equipment
$189.50
$ r
4 Man Houtly.Qrew rate w/equipment
$226.60
$
Laborer
Labor r OT
66.41
orer OT
$73.88
i o' ' r
165.25
SPIlcer CoPpar OT
$07.05 .
SpIleir Co24r OT
$130.50
$
8011cer. Fiber
77.00
Splicer Fiber OT
118.50
Splicer DT..
$164.
PigWO
$14,Q
1 ToP Tru2k Forem n reW)
$16.03 -
1 U2 to on Tr ok -
20.0
Flalb.ad MUM
$20.09
Rock SM
S50.47
Generator
$9.79.
C m !1 e
Coble Oolly
$10.62•
rr wboard
$13.9
S
gLuZent IcIller0,82
LowDOYTraller
$36.83. .
Water Truck
28.2
acu m Truck
$27.30 .
ckh e
0 9
nil der
$27.30
Vlber. ex Rolle
18.0
Rodder Truck
40,89
So"
$27.30
Pressure Washer
17. -
Ditch tch 1720 ,
5104 6
S .
Dltoh ch 4020 D. B.
$130. 0
H .Davie 135
417&
$
IOWheeler,04np
$30.39
Hand Concrete Saw
$6.18
ucket Truok-Teiste
S3019
❑I 'er DeMck
$33.40
Arnco I ler
$13.91
Slcirfd.truck !to Isle ul m
28.27.
Rented E Ut ment+ 6
Materiel + 15%
Total Amount Billable
Amount Due this BilUn
S.
s
S