Resolution No. 2011-135RESOLUTION NO. 2011-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 9 TO AGREEMENT FOR MAINTENANCE
SERVICES WITH VCI TELCOM, INC. RELATING TO THE
CITY'S FIBER OPTIC NETWORK SYSTEM
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, VCI and the City have executed Amendments Nos. 1
through 8 to extend the Agreement each year thereafter, which were
approved and authorized by Resolution Nos. 8100, 8368, 8622, 8926,
9171, 9498, 9770 and 10,114; and
WHEREAS, VCI has been responsive to the City's needs and
delivered reliable services at a competitive rate since the inception
of the Agreement; 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 from August 2, 2011 through August 2, 2012, under the same terms
and conditions of the existing Agreement, except that the parties
desire to (1) remove and replace the Emergency Call Out List
identified in Exhibit A of the Agreement with an updated list and (2)
remove and replace the Labor and Equipment Rates identified in Exhibit
B of the Agreement with a revised and combined list of labor and
equipment rates; and
WHEREAS, by memo dated July 20, 2011, the Director of Light
& Power has recommended that an Amendment No. 9 to the Agreement with
VCI be approved and executed extending the term of the Agreement for
one additional year 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
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves Amendment No. 9 to the Agreement for Maintenance Services
0
with VCI, a copy of which is attached hereto as Exhibit A.
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, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send one
fully executed Amendment to:
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11th Street
Upland, CA 91786
- 2 -
a
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 2nd day of August, 2011.
Name: Hilario Gonzales
Tit 1 e : Mayo r / pup—i�r l
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-135, was duly passed, approved and adopted by the City
Council of the City of Vernon at a regular meeting of the City Council
duly held on Tuesday, August 2, 2011, and thereafter was duly signed
by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 13 day of August, 2011, at Vernon, California.
(SEAL)
- 4 -
EXHIBIT A
AMENDMENT NO.9 TO AGREEMENT
FOR MAINTENANCE SERVICES
This Amendment ("Amendment No. 9") to that certain Agreement for Maintenance
Services dated November 7, 2001 (the "Agreement"), is made as of August 2 , 2011, by
and between the City of Vernon, a California charter city and municipal corporation (the "City"),
and VCI Telcom, Inc. ("VCI Telcom"), a Delaware corporation.
WHEREAS, the City and VCI Telcom are parties to a written Agreement dated
November 7, 2001, under which VCI Telcom performs maintenance and emergency restoration
services on the City's fiber optic network system on an as -needed basis; and
WHEREAS, the City and V.CJ Telcom are parties to Amendment Nos. 1 tl-uough 8,4ated
December 11, 2002, February 4, 2004, December 15, 2004, December 7, 2005, November 22,
2006, December 17, 2007, December 1, 2008 and December 7, 2009; and
WHEREAS, VCI Telcom notified the City on May 25, 2011, that it would be willing to
continue its maintenance and emergency restoration services for another year; and
WHEREAS, VCI Telcom provided the City with an updated Emergency Call Out List
andscheduleof labor and equipment rates to the City, indicating that the. Agreement would
continue on the same terms and conditions as the existing Agreement excepting only that the
labor rates increased by five percent (5%) in accordance with the list attached to this Amendment
No. 9 as Exhibit B; and
WHEREAS, Section 5 of the Agreement provides that the Agreement may be
by a written document executed by both parties and approved as to form by the City Attorney;
and
WHEREAS, the City and VCI Telcom desire to amend the Agreement to extend the time
-of performance of the Agreement from August 2, 2011 to August 2, 2012.
NOW, THEREFORE, the parties to this Amendment No. 9 agree as follows:
1. Section 2 of the Agreement is hereby amended to read in its entirety as follows:
"2. Time of Performance. VCI Telcom's services,,at the rates -proposed
herein, shall be -extended through August "2, 2012, unless the Agreement is
otherwise terminated or extended."
2. Exhibit A of the Agreement ("Emergency Call Out List") is hereby removed and
replaced withtheupdated list, whichisattached hereto as Exhibit A.
3. Effective as of August 2, 2012, Exhibit B of the Agreement ("Labor _and
Equipment Rates") is hereby removed and replaced with the combined list -of labor and
equipment rates which is attached hereto as Exhibit B.
4. Except as expressly modified by this' Amendment No. 9, all provisions of the
Agreement shall remain in full force and effect.
5. The provisions of this Amendment No. 9 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 9 and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 9.
6. The person or persons executing this Amendment No. 9 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 9
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 9 as of the date
stated in the introductory clause.
CITY OF VERNON
a California charter city and municipal
corporation
I=IILARIO GONZALES
Mayor
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
MICHAEL B. MONTGOMERY,
Interim City Attorney
VCI Telcom, Inc., a Delaware corporation
By: _
Name:
Title:
B y:
Name: 'F. 8Qi'o L" w
,Title: U Oft Xl9T"fD�L.S
s
4
ion,
a.-
1921 W.11th St. Upland; CA 91786_ UPDATED: 01/06/2011
A Subsidiary of Quanta Services, Inc.
EMERGENCY CALL OUT LIST
M�V DMSION
OFFICE PH.
CELL PH:
HOME PH.
JOE CLAVEAU
ESTIMATING MANAGER
(9M) 946-0905
.(951) 232-4475
(951) 902-2251
CHRiS DRODGE
SUPERINTENDENT
(909) 94640905
(951) 830-7866
(760) 241-8274
FRANK MADERA
GENERAL SUPERINTENDENT
(909) 946-09.
(562) 824-1551
(909) 786-9103
JAY FERGUSON
SUPERINTENDENT
(909) 94640905
(619) 843-8211
(949) 589-9423
GERRY BEESON
SUPERINTENDENT
(909) 946-0905
(562) 577-6758
(562) 863-8075
AERIAL DIVISION
RAUL BARRIGA
FOREMAN
(909) 94640905
(714) 412-8229
(323) 344-7273
Jim SCOTT
SUPERINTENDENT
(9M) 9464905
(909) 841-8660
(805) 654-1905
SPLICING DIVISION
RIGO SANTOS
SPLICING
(909j 949-1350
(909) 322-99X
(707) 32140948
ROB OPDYKE
SPLICING
(909) 949-1350
--(909) 841-7432
(951) 845-3903
(CALL IN ORDER. LISTED TOP TA BOTTOM)
CONSTRUCTION SERVICES AT ITS FINEST!
VCI EMERGENCY CALL OUT LIST 2011.CADoo0ments and Settings\anour\Local Settings\Temporary Internet
Files\Content.0utl6ok\NYOV8B55\VCI EMERGENCY CALL OUT LIST 2011
Project Neme VERNON MAINTENANCE Pn4ea Location CITY OF VERNON CUSTOMER CiN of Vemon
Contact AU NOUR Contract Umlt Purch. Order No.
VCI Job # Period Endng 2011.2012 knmice No.
Desodation
Hare worked
TOTAL
Sumvisor
$66.94
Superftor OT
psm
IF
SLver*orDT
$12751
$
Foemn
$56.13
$
Foreman OT
Sao."
s
Foremen DT
$105.91
$
Operator
.69
y
OT
$69.66
$
Operator DT
$92.74
$
Lire
$47.48
$
Urrerrten OT
$67.83
$
Lineman DT
$9D.43
$
TnidWrtver
$43.22
$
Tnx9tdriverOT
$61.74
TuckDriver DT
$81:39
$
2 Man Houy Crew rate wfaqipnmt
$166.82
$
3 Man Hou* Crew rule w/equ Ko t
$204.94
$
4*811NONVCrewtataWAKOpment
$243.88
$
Laborer.
$39m
$
Laborer OT
$67.07
Laborer DT
$76.10
$
Spicer Cower
570.57
$
Spicer Copw OT
$IDD.82
st*cer Copper DT
$134A2
$
Spicer Fiber
$8328
$
Spicer Fiber 07
$118.97
$
cerDT
$158.62
Pick -Up
$14A2
$
17on FOremanCriw
18.03
$
1 12 to � Ton Tnck
$20.09
y
FTelbed Durm
$20.09 -
$
Rock Saw
$5DA7
$
Generator
Compremy/Toots
$15.97
$
Cable
10.82
$
Arrawboard
EgLimerd Trailer
$10.82
$
Gas T
$15.97
$
LowboyTraller
$38.63
$
WSWTMck
sm 1 1$
Vamm Truck
$27.30
$
Baadroe
$3D.39
Uniloader
$27.30
$ .
Viber-MaxRoW
$18.03
$
Rodder Tnck
$40.69
Bobcat
$27.30
$
Pressure Washer
417.00
DttchVVdch 1720 D.B.
$1D4.55
$
Dildr Witch 4020 D.B.
$130.30
$
Hog Davis H135
$17.51
10Wheeler
..19
Hand Concrete Sew
WAS
Bucket TniaaTelste
$30.39
S
-D Derrick
$33.48
$
An=illwPurler
$13.91
S0ldnptix:kvd
Rented + 15°%
W627
i
s
Materiel+15°%
$
Tote) AnwW unable -
Amount Due -this Billing .
$
I$
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 3, 2011
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11 cn Street
Upland, CA 91786
Re: Amendment No. 9 to Maintenance Agreement
Dear Mr. Xanthos:
Transmitted herewith is a fully executed amendment as referenced above, approved by City
Council on August 2, 2011, through Resolution No. 2011-135.
If you have any questions regarding this matter, please call Mr. Ali Nour, at (323) 583-8811 ext.
316.
Very t , ly yours,
t
WIL ARD YA CHI
City Clerk
WGY:dj
Enclosure
c: Carlos Fandino
Ali Nour
Purchasing Department
Resolution No. 2011-135
Agreement No. 11-092
E Cclusivefy Industrial
AMENDMENT NO.9 TO AGREEMENT
FOR MAINTENANCE SERVICES
This Amendment ("Amendment No. 9") to that certain Agreement for Maintenance
Services dated November 7, 2001 (the "Agreement"), is made as of August 2 , 2011, by
and between the City of Vernon, a California charter city and municipal corporation (the "City"),
and VCI Telcom, Inc. ("VCI Telcom"), a Delaware corporation.
WHEREAS, the City and VCI Telcom are parties to a written Agreement dated
November 7, 2001, under which VCI Telcom performs 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 Amendment Nos. 1 througb. 8, dated
December 11, 2002, February 4, 2004, December 15, 2004, December 7, 2005, November 22,
2006, December 17, 2007, December 1, 2008 and December 7, 2009; and
WHEREAS, VCI Telcom notified the City on May 25, 2011, that it would be willing to
continue its maintenance and emergency restoration services for another year; and
WHEREAS, VCI Telcom provided the City with an updated Emergency Call Out List
and schedule -of labor and equipment rates to the City, indicating that the Agreement would
continue on the sametermsand conditions as the existing Agreement excepting only that the
labor rates increased by five percent (5%) in accordance with the list attached to this Amendment
No. 9 as Exhibit B; and
WHEREAS, Section 5 of the Agreement provides that the Agreement may be modified
by a written document executed by both, parties and approved as to form by the City Attoriey;
and
WHEREAS, the City and VCi Telcom desire to amend the Agreement to extend the time
of performance of the Agreement from August 2, 2011 to August 2, 2012.
NOW, THEREFORE, the parties to this Amendment No. 9 agree as follows:
1. Section 2 of the Agreement is hereby amended to read in its entirety as follows:
"2. Time of Performance. VCI Telcom's services, at the rates .proposed
"herein, shall be extended through August 2, 2012, unless the Agreement is
otherwise terminated or extended."
2. Exhibit A of the Agreement ("Emergency Call Out List") is hereby removed and
replaced with the updated list, which is attached hereto as Exhibit A.
3. Effective as of August 2, 2012, Exhibit B of the Agreement ("Labor and
Equipment Rates") is hereby removed and replaced with the combined list of labor and
equipment rates which is attached hereto as Exhibit B.
4. Except as expressly modified by this Amendment No. 9, all provisions of the
Agreement shall remain in full force and effect.
5. The provisions of this Amendment No. 9 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 9 and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 9.
6. The person or persons executing this Amendment No. 9 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 9
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 9 as of the date
stated in the introductory clause.
CITY OF VERNON
a California charter city and municipal
corporation
By: �v� AM
HILARIO GONZALES
Mayor
ATTES
zl�le��
WILL RD G. Y CHI, y Clerk
APPROVED AS TO FORM:
MICHAEL B. MONTGOMERY,
Interim City Attorney
VCI Telcom, Inc., a Delaware corporation
By:
Name.
Title:
B y: /-OV e %�zzv�7
Name: IFv y • /?X p e.vti
Title: (/ OoEidlli/ oNS
AdI>—
�►/� T -t-v-- I c+p ram : I< n c ,
,.. s
1921 W.11th St. Upland; CA 91786_
A Subsidiary of Quanta Services, Inc.
EMERGENCY CALL OUT LIST
UNDERGROUND -DIVISION
OFFICE PH.
JOE CLAVEAU
ESTIMATING MANAGER
(W9) 946-0905
CHRISDRODGE
SUPERINTENDENT
(909)9464)905
FRANK MADERA
GENERAL SUPERINTENDENT
(909) 946-0905
JAY FERGUSON
SUPERINTENDENT
(909) 946-0905
GERRY BEESON
SUPERINTENDENT
(909) 946-0905
AERIAL DMSION
RAUL BARRIGA
FOREMAN
(9W) 946-0905
JIM SCOTT
SUPERINTENDENT
(909) 9464W5
SPLICING DIVISION
RIGO SANTOS
SPLICING
(909) 949-1350
ROB OPDYKE
SPLICING
(909) 949-1350
(CALL IN ORDER LISTED TOES TO BOTTOM)
CONSTRUCTION SERVICES AT ITS FINEST!
UPDATED: 01/06/2011
CELL PH. HOME PH.
(951)232-4475 (951)902-2251
(951) 830-78M (760) 241-8274
(562) 824-1551
(619) 843-8211
(562) 577-6758
(714)412-8229
(909) 841-SM
(909).322-9996
(909) 841-7432
(909) 786-9103
(949) 589-9423
(562)863-8075
(323) 344-7273
(805) 654-1905
(707)321-0948
(951) 845-3903
VCI EMERGENCY CALL OUT LIST 2011.C:\Documents and Settings%nour\Local Settings\Temporary Internet
Files\Content.Outl6ok\NYOV8B55\VCI EMERGENCY CALL OUT LIST 2011
EXHIBIT B
Protect Name VERNON MAINTENANCE Prolect Location CITY OF VERNON CUSTOMER City of Vernon
Contact AU NOUR Contract Unit Pasch. Order No.
VCI Job # Period Ending 2011-2012 Invoice No.
°A
Hors Worked
TOTAL
$66.94
Smelvisor OT
$95.64
$
DT
$127.51
Foremen
$56.13
$
Foremen OT
1g
$
Foreman DT
$106.91
Operator
$48.69
$
operator OT
$69.56
$
operator DT
$92.74
$
Unwren
$47.48
$
Linemen OT
$67.83
$
Lineman DT
$90.43
$
Tnxkdriver
$43.22
$
TnxkwverOT
$61.74
$
Tudd)dvw DT
$84 39
$
2 Man Hoary Crew rate wAB91p neat
$156.82
$
3Man Harty Crew rule w/eµipmerd
- $204.94
$
4•Man MOY,CrewratewJegtiprrnent
$243.88
$
Laborer,.
$39.95
$
Laborer OT
$57.07
$
Laborer DT
0
$$
SlAcer
7
$
OT
22cer
8
cec DT
N$70
134 -4
$
Spicer Flher
8
S
SpIcer Fiber OT
97
$
Splicer DT
$158.62
$
Pick -Up
$14.42
$
1 Ton ForemmnOiw
$1 .03
$
1 12 to 2 Ton Truck
$20.09
$
Fiatbed DLrM
$W.09
$ ..
Rock Saw
$50.47
$
Generator
$9.79
$
- Canveswfrools
$15.97
$
Cable
10.82
$
Arrowboard
_
$1 81
E Trailer
$10.82
$
Gas T
$15.97
-
$
Lmyboy Trailer
$38.63
$
Water Truck
SM27
$
Vacum Truck
$27.30
$
Badd=
$30.39
$
Urikeder
$2730
$
Veber -Max Rofer
$18.03
$
Rodder Truck
$46.69
$
Bobcat
S27.30
$
Pressure Washer
$17.00
$
Ditch VMrh 1720 D.B.
$1D4.55
IF
Ditch Witch 4020 D.B.
$130.30
$
Hog Davis H135
$17,51
$
jQVMeelerDixw
$3D.39
$
Henri Concrete Saw
$6.18
$
Bucket TniaaTelsts
$30.39
$
DiMer Derrick
$33.48
Amco-FAtwPuier
$13.91
d hickw/
$2627
$
Rented EgLipment + 16%
$
Material+15%
$
Total Anwvd Bitable
Amount Due finis Billin
$
$
DECEIVED
RECEIVED
JUL 2 6 2011 STAFF REPORT
CITY CLERK'S OFFICE Light & Power Department
DATE: . July 20, 2011
TO: Honorable Mayor and City Council
FROM: Carlos R. Fandino, Jr. -1
Director of Light &Power
SUBJECT: VCI Telecom, Inc. - Maintenance Agreement Extension
Resolution No. 7854 -Amendment No. 9
ni ionrnOE�
JUL 2 0 2011
CITY ADMINISTRATION
Amend the existing agreement with VCI Telecom, Inc. covering maintenance and
emergency restoration services on the City's fiber optic network system. The
amendment will cover extending the time of performance for one additional year on an
"as -needed" basis. VCI Telecom, Inc. has been providing the City with these services
on our fiber optic network for the past seven years.
RECOMMENDATION
Since there are no changes to the existing agreement for Amendment No. 9, it is
recommended the services be extended through June 30, 2012. It is requested that
this item be placed on the City Council agenda for consideration at the August 2, 2011
meeting.
Amendment No. 9 has been approved as to form by the City's legal department.
FISCAL IMPACT
The total expenditure will for an amount not -to -exceed $75,000.
CRF:ah
Attachments
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: July 18, 2011
TO: Carlos Fandino, Director of Light & Power
FROM: Mike Montgomery, Interim City Attorney
RE: VCI Telcom, Inc.
I have received and reviewed the Memorandum dated June 20, 2011, and
the attachments thereto.
Attached please find Amendment No. 9 to the maintenance agreement for
maintenance and emergency restoration services.
MM:em
Enclosures
V V • A
INTEROFFICE MEMORANDUW
w'JUL 0 6 Z011;
1 FY TTORNEY,p
Light & Power Department
DATE: June 20, 2011
TO: Carlos Fandino, Director of Light & Power
FROM: Ali Nour, Engineering Manager
SUBJECT: VCI TELECOM, INC. — Maintenance Agreement Extension
Resolution 7854 — Amendment No. 9
The Department of Light & Power Engineering Division is recommending a continuance
amendment No. 9 to an existing agreement with VCI Telcom, Inc. The Agreement covers
maintenance and emergency restoration services on the City's fiber optic network system.
The amendment would cover extending the time of performance for one additional year
on as -needed basis for a not -to -exceed $75,000. VCI Telcom, Inc. has submitted a Letter
of Interest dated 06/01/2011for the renewal of the existing 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 or other accidents creating a
cable cut or transfer of cable due to utility pole replacements. VCI Telecom, Inc. has
been providing the City with these services for the past eight years. The existing
Maintenance Agreement was established eight years ago with a not -to -exceed annual
total expenditure of $75,000. Last year, the total expenditure on maintenance and
restoration activities was $20,000.00.
Since there are no changes to the existing agreement, I recommend that City Attorney
draft a resolution amending the existing agreement with VCI Telcom to cover emergency
restoration and maintenance activity services through June 30, 2012. Attached is-VCI
Telcom furnished Interest Letter; Emergency Call Out List, and Billing Components to
accompany the amendment.
Should you need additional information, please let me know.
CC: Document Control
VCI 2011/12 Maintenance Contract