Loading...
HomeMy WebLinkAbout2014-190 Contract - Hunter Communications Contract for GOODS AND SERVICES CITY OF CONTRACTOR: Hunter Communication ASHLAND CONTACT: Trevor Williamson .20 East Main Street Ashland, Oregon 97520 ADDRESS: 801 Enterprise Dr. Central Point, OR 97402 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541.414.1436 DATE AGREEMENT PREPARED: 711112014 FAX: 541.727.3066 BEGINNING DATE: 7/21/2014 COMPLETION DATE: 06/30/2015 COMPENSATION: $39,944.99 GOODS AND SERVICES TO BE PROVIDED: Hunter Communication Proposal/Agreements (included herein as Exhibits C, D, E, F, and G): QUO-03119-Q5M2Y;QUO-03120-V8RIB;000-03121-BOVIJ;QUO-03122-F3V5V;0 0 0-0 31 2 3- G7M3M ADDITIONAL TERMS: In the event of conflicts or discrepancies among the Contract Documents, the terms, conditions, and convenants in paragraph 1 through 21 of this document will be primary and take precedence, and any exhibits or supplementary letters, contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with paragraphs 1 through 21 of this document. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. A materials deposit of 50% of the sum specified above will be required on this project prior to commencement. Payments shall be made within 30 days of the date of the invoice. Payments not received within the terms of this agreement will be charged at 1.5% per month (18% A.P.R.). Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $100.000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 27913.225, 27913.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 6 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. . For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 6 b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $600,000, , $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $290,000, $509,900, $4,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 6 Contrac r: City of and / By By ignature Departm nt Head kc -\->qJI K0.,3a15:2 Print Name Print Name ~C~ ~~15It4 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP V S TO FORM A d sat. ItyAft ey Da / Z~ Contract for Goads and Services Less than $25,000, Revised 06/13/2013, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: , (1) 1 carry out the labor or services at a location separate from my residence or is in a / specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. 1(3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one / year. J!/ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Xi ~ -T 6[1q on ractor (Date) Contrail for Goads and ervices Less than $25,000, Revised 06/13/2013, Page 5 of 6 HUNTER Exhibit C communications PROPOSAL / AGREEMENT- Project #QUO-03119-QSM2Y - V.0 Ashland Fiber Network Fiber Optic Construction Proposal This proposal is made on June 20, 2014 by Hunter Communications Inc. hereafter known as "Contractor" and Ashland Fiber Network, hereafter known as "Customer". This proposal is being generated to ensure that both parties understand the terms and conditions required by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed below are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blue prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed at the Customer's Shamrock Lane, Waste Water Pump Station. SCOPE OF WORK • Contractor will provide and install (1) utility pole on Shamrock Lane near the waste water pump station. This pole will be used to bring the aerial fiber optic cable closer to the pump station so that the underground construction can be minimized. • Contractor will provide and install (1) length of underground pipe from the installed utility pole to the waste water pump station vault. This pipe will penetrate the vault wall or ceiling to complete the cable pathway. • Contractor will provide and install (1) fiber optic termination box on the wall of the pump station vault. This box will be used to terminate the installed fiber optic cable for the city to use. • Contractor will provide and install (1) length of single mode fiber cable from a splice point in the city's fiber network to the pump station using the materials and pathway mentioned above. • Contractor will splice the necessary fibers to provide service from the AFN head-end to the termination box. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shall not be held liable for acts of God, act of war or any adverse weather conditions or in underground construction the obstruction of natural materials such as rocks, bedrock, and excessively tree roots resulting in the delays in production or destruction of real or personal property. Customer shall provide Contractor with access to all existing conduits, raceways and etc. to be used in cable pathway. By signing this agreement Customer hereby provides Contractor with permission to use any available conduits in said pathway. Initial Date Contractor is not responsible for the condition or fill rate of any Customer provided or existing conduits, raceways and etc. to be used in cable pathway; Customer guarantees that said pathway meets all required fill rate capacities and that all components of said pathway comply with NEC (National Electric Code) recommended "bend ratios." If, during the course of installation, Contractor encounters Customer provided conduit which is unusable due to excessive fill rate, bend ratio or condition (crushed, blocked, missing, etc.) additional material or labor may be required to complete installation. Additional material or labor needed to complete installation shall require prior authorization by both parties in the form of a signed "Change Order." Pagel - City of Ashland - AFN Hunter Initials 54' Date I~ 15~1~ QUO-03119-Q5M2Y-V.0 Customer Initials Date HUNTER communications Payment Terms and Conditions This proposal is based on non-prevailing wage rates. If prevailing wage rates are required for the labor performed on this or any project covered by this contract, a 35% increase for all labor charges will be required. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Contractor of all BOLI and Davis Bacon Act requirements, including Labor Rates. If unforeseen circumstances not caused by Contractor (such as other contractor or subcontractor construction delays, or delays in the delivery of materials or equipment not provided by Contractor) prevent the completion of work or any part of the contracted work, Customer may be invoiced for the percentage of work on the project which has been completed, up to 95% of the total amount listed below. Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project = $9,773.00 2. A materials deposit of 50% will be required on this project prior to commencement. 3. A final payment for the balance due will be due within 10 days after submittal of final invoice. 9. Payments not received within the terms of this agreement will be charged at 1.5% per month (18% A.P.R.) GROUNDING AND BONDING Customer will provide proper grounding bond in all required facilities to be serviced. PERMITS Customer shall be responsible for all local permits for work to be performed, as required by law. After notification from Customer with notice to proceed, Contractor will begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATE(S) Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions, delays caused by other contractors and/or subcontractors, and/or material requirements made after notice to proceed will require a written change notices and be considered due upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will be described as 'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the following rates are to be used. Unless otherwise agreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not provide for any materials. (-Adverse soil/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete slabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucket attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason of Contractor's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or additional costs dudng construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. Page2 - City of Ashland - AFN Hunterlnitials(9-L Date ~I~SII~ QUO-03119-Q5M2Y-V.0 Customer Initials Date HUNTER communications CLEAN UP / JOB SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and clean up the premise at the sole expense of the Contractor. LICENSES / BONDS / INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability and Workers Compensation Insurance 'Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation Policy, Liability insurance or any other form of insurance. This includes any other form of insurance. This includes any support personal provided by the Customer for any reason. INDEMNIFICATION Customer shall indemnify Contractor against all claims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to property; personal injury or death; and the like, caused by negligence by the Customer. MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. - WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (1) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therein. Contractor shall provide all materials for this project and assure that all materials provided will be of standard quality and have met all required building codes and standards. All materials are covered by a manufacturer's warranty and such warranty shall apply to all materials. ALCOHOL/DRUGS Contractor shall not permit or suffer the consumption of alcohol or illicit drugs by any person engaged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be present, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY/ SECURITY Customer through arrangement with Contractor is to provide a safe and clean work environment free from safety hazards. Contractor shall be solely responsible for the safety of its workers, invitees, and visitors, as well as the security of its tools, equipment, issued materials and belongings, and those of its workers, invitees and visitors and Customer shall bear no responsibility therefore. Page 3 - City of Ashland - AFN Hunter Initials Date y 16~ f QUO-03119-Q5M2Y - V.0 Customer Initials Date HUNTER communications ENTIRE AGREEMENT I MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications to this agreement or additional obligations assumed by either party in connection herewith shall be binding only if evidenced in writing and signed by both parties. Any such modification shall be added as an Exhibit and included as part of this agreement. This proposal is valid for a period of thirty days from today's date of June 20, 2014. In witness whereof, the Parties have executed this proposal which there by constitutes an agreement, on the date as noted below and with the terms and conditions as stated. HUNTER CONSTRUCTION, INC. Approved for D unJ r Communications land Fiber Netwc k \ a P ed y Signed by Dated I(s I(,l Dated '716 I~( I f era SA,&, Actle 1 {h/6- ICAN✓6C t2cvci6e-% Co Print Name APP ED AS TO FORM Ashland s t. iH ey Date Page 4 - City of Ashland - AFN Hunter Initials W-X-' Date WN QUO-03119-Q5M2Y-V.0 Customer Initials Date HUNTER Exhibit D communications PROPOSAL / AGREEMENT- Project # QUO-03120-VSRlB - V.0 Ashland Fiber Network Fiber Optic Construction Proposal This proposal is made on June 20, 2014 by Hunter Communications Inc. hereafter known as "Contractor" and Ashland Fiber Network, hereafter known as "Customer". This proposal is being generated to ensure that both parties understand the terms and conditions required by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed below are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blue prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed at the Customer's East Nevada St and Kestrel, Waste Water Pump Station. SCOPE OF WORK • Contractor will provide and install (1) utility vault above the existing communications underground pipe running from a pole to a vault on East Nevada St. The existing pipe will be cut open at this point to expose the fiber pathway. • Contractor will provide and install (1) length of underground pipe from the new vault location to the waste water pump station "H-frame" termination location. • Contractor will provide and install (1) fiber optic termination box to the "H-frame" above the installed pipe. This box will be used to terminate the installed fiber optic cable for the city to use. • Contractor will provide and install (1) length of single mode fiber cable from a splice point in the city's fiber network to the pump station using the materials and pathway mentioned above. • Contractor will splice the necessary fibers to provide service from the AFN head-end to the termination box. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shall not be held liable for acts of God, act of war or any adverse weather conditions or in underground construction the obstruction of natural materials such as rocks, bedrock, and excessively tree roots resulting in the delays in production or destruction of real or personal property. Customer shall provide Contractor with access to all existing conduits, raceways and etc. to be used in cable pathway. By signing this agreement Customer hereby provides Contractor with permission to use any available conduits in said pathway. Initial Date Contractor is not responsible for the condition or fill rate of any Customer provided or existing conduits, raceways and etc. to be used in cable pathway; Customer guarantees that said pathway meets all required fill rate capacities and that all components of said pathway comply with NEC (National Electric Code) recommended "bend ratios." If, during the course of installation, Contractor encounters Customer provided conduit which is unusable due to excessive fill rate, bend ratio or condition (crushed, blocked, missing, etc.) additional material or labor may be required to complete installation. Additional material or labor needed to complete installation shall require prior authorization by both parties in the form of a signed "Change Order." Page I - City of Ashland - AFN Hunter lnitialsl~ Date L6111 QUO-03120-V8R1B-V.0 Customer Initials Date HUNTER communications Payment Terms and Conditions This proposal is based on non-prevailing wage rates. If prevailing wage rates are required for the labor performed on this or any project covered by this contract, a 35% increase for all labor charges will be required. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Contractor of all BOLI and Davis Bacon Act requirements, including Labor Rates. If unforeseen circumstances not caused by Contractor (such as other contractor or subcontractor construction delays, or delays in the delivery of materials or equipment not provided by Contractor) prevent the completion of work or any part of the contracted work, Customer may be invoiced for the percentage of work on the project which has been completed, up to 95% of the total amount listed below. Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project =$4,650.15 2. A materials deposit of 50% will be required on this project prior to commencement. 3. A final payment for the balance due will be due within 10 days after submittal of final invoice. 4. Payments not received within the terms of this agreement will be charged at 1.5% per month (180/a A.P.R.) GROUNDING AND BONDING Customer will provide proper grounding bond in all required facilities to be serviced. PERMITS Customer shall be responsible for all local permits for work to be performed, as required by law. After notification from Customer with notice to proceed, Contractor will begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATEf51 Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions, delays caused by other contractors and/or subcontractors, and/or material requirements made after notice to proceed will require a written change notices and be considered due upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will be described as 'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the following rates are to be used. Unless otherwise agreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not provide for any materials. (*Adverse soil/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete slabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucket attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason of Contractor's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or additional costs during construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. Page t - City of Ashland - AFN Hunter Initials W Date QUO-03120-VSRIB-V.0 Customer Initials Date HUNTER communications CLEAN UP / IOB SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and clean up the premise at the sole expense of the Contractor. LICENSES / BONDS / INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability and Workers Compensation Insurance'Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation Policy, Liability insurance or any other form of insurance. This includes any other form of insurance. This includes any support personal provided by the Customer for any reason. INDEMNIFICATION Customer shall indemnify Contractor against all claims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to property; personal injury or death; and the like, caused by negligence by the Customer. MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (1) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therein. Contractor shall provide all materials for this project and assure that all materials provided will be of standard quality and have met all required building codes and standards. All materials are covered by a manufacturer's warranty and such warranty shall apply to all materials. ALCOHOL/DRUGS Contractor shall not permit or suffer the consumption of alcohol or illicit drugs by any person engaged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be present, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY / SECURITY Customer through arrangement with Contractor is to provide a safe and clean work environment free from safety hazards. Contractor shall be solely responsible for the safety of its workers, invitees, and visitors, as well as the security of its tools, equipment, issued materials and belongings, and those of its workers, invitees and visitors and Customer shall bear no responsibility therefore. Page 3 - City of Ashland - AFN Hunter Initials 0- Date 415H QUO-03120-V811113 -V.0 Customer Initials Date HUNTER communications ENTIRE AGREEMENT / MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either parry not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications to this agreement or additional obligations assumed by either party in connection herewith shall be binding only if evidenced in writing and signed by both parties. Any such modification shall be added as an Exhibit and included as part of this agreement. This proposal is valid for a period of thirty days from today's date of June 20, 2014. In witness whereof, the Parties have executed this proposal which there by constitutes an agreement, on the date as noted below and with the terms and conditions as stated. HUNTER CONSTRUCTION, INC. Approved for DB Communications hland Fiber Netwo k/ c+,~-~ G•-wvw` ned y Signed by Dated IDate tS lr~ lC qa u i~ RlehmdW. Rre~ SAti QC.t-Lq Pi,(' ~Preei0ant GOO Print Name AP OVED AS TO FORM Ashland at C Attorney Dat O Page 4 - City of Ashland - AFN Hunter Initials Date QUO-03120-V8RIB-v.0 Customer Initials Date HUNTER Exhibit E communications PROPOSAL / AGREEMENT- Project # QUO-03121-130VU- V.0 Ashland Fiber Network Fiber Optic Construction Proposal This proposal is made on June 20, 2014 by Hunter Communications Inc. hereafter known as "Contractor" and Ashland Fiber Network, hereafter known as "Customer". This proposal is being generated to ensure that both parties understand the terms and conditions required by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed below are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blue prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed at the Customer's Grandview Drive, Waste Water Pump Station. SCOPE OF WORK • Contractor will provide and install (1) length of aerial supporting strand and guy anchorage to (3) city owned utility poles on Grandview Dr. These materials will support the proposed fiber optic cable. Contractor will use (1) additional utility pole which has an existing support system. • Contractor will provide and install (1) length of underground pipe from a utility pole tagged P5054107/P5054253 to the fiber optic splice pedestal, approximately loft west of the pole. • Contractor will provide and install (1) length of underground pipe from the utility pole at the NW corner of Grandview and Wrights Creek to the waste water pump station vault. This pipe will penetrate the vault wall or ceiling to complete the cable pathway. • Contractor will provide and install (1) fiber optic termination box to the wall of the vault near the SCADA equipment. This box will be used to terminate the installed fiber optic cable for the city to use. • Contractor will provide and install (1) length of single mode fiber cable from the splice case in the pedestal to the pump station using the materials and pathway mentioned above. • Contractor will splice the necessary fibers to provide service from the AFN head-end to the termination box. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shall not be held liable for acts of God, act of war or any adverse weather conditions or in underground construction the obstruction of natural materials such as rocks, bedrock, and excessively tree roots resulting in the delays in production or destruction of real or personal property. Customer shall provide Contractor with access to all existing conduits, raceways and etc. to be used in cable pathway. By signing this agreement Customer hereby provides Contractor with permission to use any available conduits in said pathway. Initial Date Contractor is not responsible for the condition or fill rate of any Customer provided or existing conduits, raceways and etc. to be used in cable pathway; Customer guarantees that said pathway meets all required fill rate capacities and that all components of said pathway comply with NEC (National Electric Code) recommended "bend ratios." If, during the course of installation, Contractor encounters Customer provided conduit which is unusable due to excessive fill rate, bend ratio or condition (crushed, blocked, missing, etc.) additional material or labor may be required to complete installation. Additional material or labor needed to complete installation shall require prior authorization by both parties in the form of a signed "Change Order." Pagel - City of Ashland - AFN, Hunter Initials ~ Date QUO-03121-BOVIJ-V.0 Customer Initials Date HUNTER communications Payment Terms and Conditions This proposal is based on non-prevailing wage rates. If prevailing wage rates are required for the labor performed on this or any project covered by this contract, a 35% increase for all labor charges will be required. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Contractor of all BOLI and Davis Bacon Act requirements, including Labor Rates. If unforeseen circumstances not caused by Contractor (such as other contractor or subcontractor construction delays, or delays in the delivery of materials or equipment not provided by Contractor) prevent the completion of work or any part of the contracted work, Customer may be invoiced for the percentage of work on the project which has been completed, up to 95% of the total amount listed below. Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project =$12,068.16 2. A materials deposit of 50% will be required on this project prior to commencement. 3. A final payment for the balance due will be due within 10 days after submittal of final invoice. 4. Payments not received within the terms of this agreement will be charged at 1.5% per month (18% A.P.R.) GROUNDING AND BONDING Customer will provide proper grounding bond in all required facilities to be serviced. I75 PERM Customer shall be responsible for all local permits for work to be performed, as required by law. After notification from Customer with notice to proceed, Contractor will begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATEM Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions, delays caused by other contractors and/or subcontractors, and/or material requirements made after notice to proceed will require a written change notices and be considered due upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will be described as 'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the following rates are to be used. Unless otherwise agreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not provide for any materials. (*Adverse soil/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete slabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucket attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason pf Contractor's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or additional costs during construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. Paget - City of Ashland - AFN Hunter Initials Date ~j QUO-03121-BOVij-V.0 Customer Initials Date HUNTER communications CLEAN UP / JOB SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and clean up the premise at the sole expense of the Contractor. LICENSES / BONDS / INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability and Workers Compensation Insurance 'Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation Policy, Uability insurance or any other form of insurance. This includes any other form of insurance. This includes any support personal provided by the Customer for any reason. INDEMNIFICATION Customer shall indemnify Contractor against all claims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to property; personal injury or death; and the like, caused by negligence by the Customer. MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (1) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therein. Contractor shall provide all materials for this project and assure that all materials provided will be of standard quality and have met all required building codes and standards. All materials are covered by a manufacturer's warranty and such warranty shall apply to all materials. ALCOHOL/DRUGS Contractor shall not permit or suffer the consumption of alcohol or illicit drugs by any person engaged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be present, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY / SECURITY Customer through arrangement with Contractor is to provide a safe and clean work environment free from safety hazards. Contractor shall be solely responsible for the safety of its workers, invitees, and visitors, as well as the security of its tools, equipment, issued materials and belongings, and those of its workers, invitees and visitors and Customer shall bear no responsibility therefore. Page 3 - City of Ashland - AFN Hunter Initials( W Date ~J QUO-03121-BOVIJ - V.0 Customer Initials Date HUNTER communications ENTIRE AGREEMENT / MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications to this agreement or additional obligations assumed by either parry in connection herewith shall be binding only if evidenced in writing and signed by both parties. Any such modification shall be added as an Exhibit and included as part of this agreement. This proposal is valid for a period of thirty days from today's date of June 20, 2014. In witness whereof, the Parties have executed this proposal which there by constitutes an agreement, on the date as noted below and with the terms and conditions as stated. HUNTER CONSTRUCTION, INC. Approved for D u 4 r Communications nd Fiber Ne ork o..-e ed by I Signed by Dated Dated 1 IS Iq -Ritft~ SAN. fg1A-LtC l ~A-J~i ~ArJe-I~IC pFes dsr & COO Print Name P VED AS TO FORM Ash rtd Asst CI y AttDa fl ! Page 4 - City of Ashland - AFN Hunter Initials O`- Date QUO-03121-BOVIJ -V.0 Customer Initials v7 I I~ Date HUNTER Exhibit F communications PROPOSAL / AGREEMENT- Project # QUO-03122-F3V5V - V.0 Ashland Fiber Network Fiber Optic Construction Proposal This proposal is made on June 20, 2014 by Hunter Communications Inc. hereafter known as "Contractor" and Ashland Fiber Network, hereafter known as "Customer". This proposal is being generated to ensure that both parties understand the terms and conditions required by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed below are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blue prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed at the Customer's RR Bridge, Waste Water Pump Station (near Fox St & Hwy 99). SCOPE OF WORK • ' Contractorwill provide and install (1) length of underground pipe from a utility pole at the intersection of Fox St and Hwy 99 to the waste water pump station "H-frame" approximately 15 feet East. • Contractor will provide and install (1) riser pipe and associated brackets to the utility pole. This riser pipe will connect to the installed underground pipe, completing the pathway from and aerial system to an underground supply to the pump station equipment. • Contractor will provide and install (1) fiber optic termination box to the strut framework above the SCADA equipment box. Connection from the underground pipe to the termination box will be through the SCADA box. This box will be used to terminate the installed fiber optic cable for the city to use. • Contractor will provide and install (1) length of single mode fiber cable from an aerial splice case to the pump station using the materials and pathway mentioned above. • Contractor will splice the necessary fibers to provide service from the AFN head-end to the termination box. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shall not be held liable for acts of God, act of war or any adverse weather conditions or in underground construction the obstruction of natural materials such as rocks, bedrock, and excessively tree roots resulting in the delays in production or destruction of real or personal property. Customer shall provide Contractor with access to all existing conduits, raceways and etc. to be used in cable pathway. By signing this agreement Customer hereby provides Contractor with permission to use any available conduits in said pathway. Initial Date Contractor is not responsible for the condition or fill rate of any Customer provided or existing conduits, raceways and etc. to be used in cable pathway; Customer guarantees that said pathway meets all required fill rate capacities and that all components of said pathway comply with NEC (National Electric Code) recommended "bend ratios." If, during the course of installation, Contractor encounters Customer provided conduit which is unusable due to excessive fill rate, bend ratio or condition (crushed, blocked, missing, etc.) additional material or labor may be required to complete installation. Additional material or labor needed to complete installation shall require prior authorization by both parties in the form of a signed "Change Order." Pagel - City of Ashland - AFN Hunter Initials Date QUO-03122-F3V5V - V.0 Customer Initials Date HUNTER communications Payment Terms and Conditions This proposal is based on non-prevailing wage rates. If prevailing wage rates are required for the labor performed on this or any project covered by this contract, a 35% increase for all labor charges will be required. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Contractor of all BOLL and Davis Bacon Act requirements, including Labor Rates. If unforeseen circumstances not caused by Contractor (such as other contractor or subcontractor construction delays, or delays in the delivery of materials or equipment not provided by Contractor) prevent the completion of work or any part of the contracted work, Customer may be invoiced for the percentage of work on the project which has been completed, up to 95% of the total amount listed below. Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project =$7,182.74 2. A materials deposit of 50% will be required on this project prior to commencement 3. A final payment for the balance due will be due within 10 days after submittal of final invoice. 4. Payments not received within the terms of this agreement will be charged at 1.5%. per month (18%A.P.R.) GROUNDING AND BONDING Customer will provide proper grounding bond in all required facilities to be serviced. PERMITS Customer shall be responsible for all local permits for work to be performed, as required by law. After notification from Customer with notice to proceed, Contractor will begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATEf51 Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions, delays caused by other contractors and/or subcontractors, and/or material requirements made after notice to proceed will require a written change notices and be considered due upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will be described as'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the following rates are to be used. Unless otherwise agreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not provide for any materials. (*Adverse soil/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete slabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucket attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason of Contractor's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or additional costs during construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. Page2 - City of Ashland - AFN Hunterlnitials(j-~- Date 51 QUO-03122-F3V5V - V.0 Customer Initials Date HUNTER communications CLEAN UP / JOB SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and dean up the premise at the sole expense of the Contractor. LICENSES / BONDS / INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability and Workers Compensation Insurance'Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation Policy, Liability insurance or any other form of insurance. This includes any other form of insurance. This includes any support personal provided by the Customer for any reason. INDEMNIFICATION Customer shall indemnify Contractor against all claims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to property; personal injury or death; and the like, caused by negligence by the Customer. MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (1) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therein. Contractor shall provide all materials for this project and assure that all materials provided will be of standard quality and have met all required building codes and standards. All materials are covered by a manufacturer's warranty and such warranty shall apply to all materials. ALCOHOL/DRUGS Contractor shall not permit or suffer the consumption of alcohol or illicit drugs by any person engaged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be present, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY/SECURITY Customer through arrangement with Contractor is to provide a safe and clean work environment free from safety hazards. Contractor shall be solely responsible for the safety of its workers, invitees, and visitors, as well as the secutity of its tools, equipment, issued materials and belongings, and those of its workers, invitees and visitors and Customer shall bear no responsibility therefore. Page3 - City of Ashland - AFN Hunter Initials ~ Date QUO-03122-F3V5V-V.0 Customer Initials Date HUNTER communications ENTIRE AGREEMENT / MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications to this agreement or additional obligations assumed by either party in connection herewith shall be binding only if evidenced in writing and signed by both parties. Any such modification shall be added as an Exhibit and included as part of this agreement. This proposal is valid for a period of thirty days from today's date of June 20, 2014. In witness whereof, the Parties have executed this proposal which there by constitutes an agreement, on the date as noted below and with the terms and conditions as stated. HUNTER CONSTRUCTION, INC. -proved for DB unte Communications bland Fiber Network PN C ed y fr Signed by Dated I II Dated I ~+rmdrorl:ya« Sar-.~CK-~~ b(}~~ K~~1a6R Presidart Gpd Print Name APPRA1 ED AS TO FORM ASW t. homey Date Q-7 Page4 - City of Ashland - AFN Hunter Initials Date ~Gjll~ QUO-03122-F3V5V - V.0 Customer Initials Date HUNTER Exhibit G communications PROPOSAL / AGREEMENT- Project # QUO- QUO-03123-G711013M - V.0 Ashland Fiber Network Fiber Optic Construction Proposal This proposal is made on June 20, 2014 by Hunter Communications Inc. hereafter known as "Contractor" and Ashland Fiber Network, hereafter known as "Customer". This proposal is being generated to ensure that both parties understand the terms and conditions required by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed below are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blue prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed at the Customer's Plaza, Waste Water Pump Station. SCOPE OF WORK • Contractor will provide and install (1) locking, weather resistant box between two posts of an existing steel staircase. Contractor will create a framework to install the box to that will require drilling into the steel posts. This box will house the fiber optic splice point and cable storage loops. • Contractor will provide and install (1) length of pipe from the installed splice box to the location where the pump station SCADA equipment resides. • Contractor will provide and install (1) fiber optic termination box to the concrete wall, near the SCADA equipment, above the installed pipe. This box will be used to terminate the installed fiber optic cable for the city to use. • Contractor will move an existing fiber splice case to the installed splice box. This work will happen in an "outage window" to minimize the impact to the affected customers. • Contractor will provide and install (1) length of single mode fiber cable from the splice case in the box to the pump station using the materials and pathway mentioned above. • Contractor will splice the necessary fibers to provide service from the AFN head-end to the termination box. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shall not be held liable for acts of God, act of war or any adverse weather conditions or in underground construction the obstruction of natural materials such as rocks, bedrock, and excessively tree roots resulting in the delays in production or destruction of real or personal property. Customer shall provide Contractor with access to all existing conduits, raceways and etc. to be used in cable pathway. By signing this agreement Customer hereby provides Contractor with permission to use any available conduits in said pathway. Initial Date Contractor is not responsible for the condition or fill rate of any Customer provided or existing conduits, raceways and etc. to be used in cable pathway; Customer guarantees that said pathway meets all required fill rate capacities and that all components of said pathway comply with NEC (National Electric Code) recommended "bend ratios." If, during the course of installation, Contractor encounters Customer provided conduit which is unusable due to excessive fill rate, bend ratio or condition (crushed, blocked, missing, etc.) additional material or labor may be required to complete installation. Additional material or labor needed to complete installation shall require prior authorization by both parties in the form of a signed "Change Order." Page 1 - City of Ashland - AFN Hunter Initials Date 7114N l QUO-03123-G7M3M-v.0 Customer Initials Date HUNTER communications Payment Terms and Conditions This proposal is based on non-prevailing wage rates. If prevailing wage rates are required for the labor performed on this or any project covered by this contract, a 35% increase for all labor charges will be required. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Contractor of all BOLI and Davis Bacon Act requirements, including Labor Rates. If unforeseen circumstances not caused by Contractor (such as other contractor or subcontractor construction delays, or delays in the delivery of materials or equipment not provided by Contractor) prevent the completion of work or any part of the contracted work, Customer may be invoiced for the percentage of work on the project which has been completed, up to 95% of the total amount listed below. Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project =$6,270.94 2. A materials deposit of 50% will be required on this project prior to commencement. 3. A final payment for the balance due will be due within 10 days after submittal of final invoice. 4. Payments not received within the terms of this agreement will be charged at 1.5% per month (18% A.P.R.) GROUNDING AND BONDING Customer will provide proper grounding bond in all required facilities to be serviced. PERMITS Customer shall be responsible for all local permits for work to be performed, as required by law. After notification from Customer with notice to proceed, Contractor will begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATEf51 Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions, delays caused by other contractors and/or subcontractors, and/or material requirements made after notice to proceed will require a written change notices and be considered due upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will be described as 'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the following rates are to be used. unless otherwise agreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not provide for any materials. (*Adverse soil/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete slabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucket attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason of Contractor's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or additional costs during construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. Page 2 - City of Ashland - AFN Hunter Initials A Date tS 14 QUO-03123-G7M3M-V.0 Customer Initials Date HUNTER communications CLEAN UP / 308 SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and clean up the premise at the sole expense of the Contractor. LICENSES / BONDS / INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability and Workers Compensation Insurance 'Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation Policy, Liability insurance or any other form of insurance. This includes any other form of insurance. This includes any support personal provided by the Customer for any reason. INDEMNIFICATION Customer shall indemnify Contractor against all claims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to property; personal injury or death; and the like, caused by negligence by the Customer. MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (1) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therein. Contractor shall provide all materials for this project and assure that all materials provided will be of standard quality and have met all required building codes and standards. All materials are covered by a manufacturer's warranty and such warranty shall apply to all materials. ALCOHOL/DRUGS Contractor shall not permit or suffer the consumption of alcohol or illicit drugs by any person engaged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be present, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY / SECURITY Customer through arrangement with Contractor is to provide a safe and clean work environment free from safety hazards. Contractor shall be solely responsible for the safety of its workers, invitees, and visitors, as well as the security of its tools, equipment, issued materials and belongings, and those of its workers, invitees and visitors and Customer shall bear no responsibility therefore. Page 3 - City of Ashland - AFN Hunter Initials Date 3A I~ QUO-03123 -G 7M 3 M - V.0 Customer Initials Date HUNTER communications ENTIRE AGREEMENT / MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications to this agreement or additional obligations assumed by either parry in connection herewith shall be binding only if evidenced in writing and signed by both parties. Any such modification shall be added as an Exhibit and included as part of this agreement. This proposal is valid for a period of thirty days from today's date of June 20, 2014. In witness whereof, the Parties have executed this proposal which there by constitutes an agreement, on the date as noted below and with the terms and conditions as stated. HUNTER CONSTRUCTION, INC. Approved for DB Hu t° ommunicadons iber Network W p. ",-e ed by G Signed by Dated I I Dated l5 I l l spto,, Acw-eE rS KAr~~ Prasideat... C x>0 Print Name - APP"AS TO Assla saG ttoMey Da Page 4 - City of Ashland - AFN Hunter Initials Date QUO-03123-G7M3M - V.0 Customer Initials Date Ac a CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMIOD/YYYY) 6/19/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UNITEL COWACT NAME UNITEL 4435 O Street PHONE 402-434-7255 a No: 402-434-7272 Lincoln, NE 68510 Ed1NL ADDRESS: INSURERS AFFORDING COVERAGE NAICd INSURERA: Hartford Fire Insurance Company INSURED INSURERS: Hartford Casual Insurance Company Hunter Communications, Inc. 801 Enterpri se Dr. INSURER C: Central Point OR 97502-3587 INSURER D: \ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20575726 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OL SU LTR TYPEOF INSURANCE POLICYNUMBER P~DEFF MMIDDD E%P LIMITS A ✓ COMMERCIAL GENERALLJASILITY ✓ 91UUNAV6918 6/2012014 620/2015 EACH OCCURRENCE $ 1,000,000 CLAWS-MADE O OCCUR PREMISES Ea occurrence $ 300,000 MED EXP ( one Person) $ - 5,000 PERSONALS ADV INJURY S 1,0001000 GENL AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 ✓ POLICY ❑ PR JECT I F-] LOC PRODUCTS- COMPIOPAGG $ 2,000,000 OTHER S A AUTOMOBILEIIASUITY 91UUNAV6918 6202014 6/202015 Ea sWee~n $ 1000000 (Per UNIT BODILY INJURY SINGLE ✓ ANY AUTO person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acdtlm[) $ ✓ HIRED AUTOS ✓ NON-OWNED PROPERTY DAMAGE AUTOS g Per accident g B UMBRELLAUAB OCCUR 91 RHUAV4342 620/2014 620/2015 EACH OCCURRENCE s 2000000 EX EBB LIAR CWMS-MADE AGGREGATE $ 2,000,000 !OECD ✓ RETENTION S 10,000 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS LIABILITY YIN STATUTE ER ANY PROPRIETORPARTNERIMCUTIVE OFFICERIMEMSER EXCLUDED? ❑ NIA E.L. EACH ACCIDENT $ (Mandarory in NH) E.L DISEASE - EAEMPLOYE S If y,6desaibe antler DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOGTIONS I VEHICLES (ACORD 101, Additional RemaMS Schedule, may be amehed if more space Is mr eired) City of Ashland is Additional Insured. CERTIFICATE HOLDER CANCELLATION ASHAS01 CIry of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 90 N of Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOROFb REPRESENTATNE L (LIN) Shane Ideus ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 20575726 (LIN) Tracy AEbatt 6/1912014 3:41:54 PH (EDT) Page 1 of 1 HUNT02W OP ID: TP CERTIFICATE OF LIABILITY INSURANCE 03/19!2031Z/2"Y14"Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain polities may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER Phone: 541-245-1111 CONTACT United Risk Solutions. Inc. NAME: Therese Pritchett I (F PNONE Np : PO Box 936 Fax: 541-245.1112 541-494-7744 A C 541-245-1112 Medford, OR 97501-0067 DADDAD LSS: therese. ritch unitedHSILCom Cindi L Jayubo, CIC, CRM INSUREFUS)AFFORDIM COVERAGE "Co INSURER A: SAIF Corporation INSURED Hunter Communications, Inc. INSURERS: 801 Enterprise Dr. Ste. 101 Central Point, OR 97502 INsuREac: aW1RER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE MUCYNUMBER IN D EFF PAD EXP UNITS GENERAL UAMUTY EACH OCCURRENCE E COMMERCIAL GENERAL UABIU Y PREMISES Ea pmrrence S CLAIMS-MADE OCCUR MED EXP(Arrym person) S PERSONALS ADVIFIIURY S GENERALAGGREGATE S GENL AGGREGATE UNIT APPLIES PER: PRODUCTS -COMPIOPAGG $ poucV PRO- LOc S AUTOMOBILE LIABILITY' COMBINED SINGES UMR Ea acatlenl ANYAUTO BODILYIWURY(Per pesmI S A CNVNED P SCHEDULED AUTOS AUTOS BODILY INNRY(Per aT enO S HIREDAUTOS AUT~SD fPoODAMAGE S S UMBRELLALMB H OCCUR EACH OCCURRENCE S E%CESSLIAR CuuMS+AADE AGGREGATE $ DEC RETENTIONS WORKERS COMPENSATION S WR _Uj X OTH- AND EMPLOYERS Lueam A ANYYPRDP~E TORIAARRTTNNEE CUTIVEYO NIA 73956 04/0712014 04/07/2615 ELEACHACCIDENT R S 11006106 (IIIWwIatwy N RH) EL DISEASE- HyyBBS5,,tlesaiDe~ntler EA EMPLOYE $ 1,000,00 DESCRIPTION OF OPERATIONS pgow ELDISEASE-PBUCYI S 1,000100 DESCRIPnON OF OPERATpNSf LOCATONSIVEHICLES IAmcn ACORD 101, AtlditlonM RenNAU SdwAule,Bmpn epape lsrpuirM) ALL OPERATIONS OF THE NANZID INSURED CERTIFICATE HOLDER CANCELLATION CITAS03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POUCY PROVISIONS. Ashland, OR 97520-1814 AUTHORDFD REPRESENTATIVE ~AF.IA.:L G•r ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY RECORDER Page 1 / 1 A;1 CITY OF AS H LAN D - DATE PO NUMBER 20 E MAIN ST. 7/21/2014 12384 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000082 SHIP TO: Ashland Wastewater Department HUNTER COMMUNICATIONS, INC. (541) 488-5354 801 ENTERPRISE DR 90 N MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Ashland Req. No.: Terms: Net 15 days Dept.: Req. Del. Date: Contact: Jason Robustelli Special Inst: Confirming? No Quantity.: Unit Description unit Price. -ExL.Price -Fiber Optic Install to (5) Sewer Pump 39,944.99 Stations Contract for Goods and Services Beginning date: July 21, 2014 Completion date: June 30, 2015 SUBTOTAL 39 944.99 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 39,944.99 ASHLAND, OR 97520 Account Number 'Project Number -,`Amount' :iAcbountNumber,,.- Project Number, - Amount E 675.08.17.00.70420 39 944.99 Authoriz signatu / VENDOR COPY /2~ l' C_ / I'FORM#3 CITY OF G-i I'I6=s'.! iv _"i 1~261'C~Iu Irr~'~! ASHLAND REQUISITION Date of request: 6f2aaot4 Required date for delivery: Vendor Name Hunter Communications Address, City, State, Zip 801 Enterprise Dr, Central Point, OR 97402 Contact Name & Telephone Number (541) 772-9282 Fax Number SOURCING METHOD ❑ Exemotfrom Competitive Bidding . ❑ Ememencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or pro al attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbalMritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ® Sole Source Contract # GOODS & SERVICES ® Applicable Form (#5,6,7 or 8) ❑ Other government agency contract $5,000 to $100.000 ® Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # ental Agreement PERSONAL SERVICES ❑ Special Procurement ILj,Hgvemcym $5.000 to $75.000 ❑ Agen F-1 Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contact approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Fiber Optic install to 5 sewer um stations 39;944.99. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal . TOTAL COST Project Number Account Number 675.08.17.00.704200 Account Number Account Number `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requis' ' n form, l r tat the City' public cronI ct' requirements have been satisfied. n Employee: .4 Department Head: ~ 06w //9,yl I (Equal to o n $5,000) Departm ManagerlSupervisor: City Administrator: 1 ~ G t ~O l(Equal to or greater than $25,000) Funds appropriated for current fiscal year 4S / NO ceO~ -2 /Zi//, ff Finance Director- (Equal to orgy ter than $5,000) Date Comments: Form #3 - Requisition FORM #5 CITY OF ASHLAND SOLE-SOURCE DETERNIINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Mike Faught From: Jason Robustelli, Wastewater Collection Date: 612412014 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.0900, the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $39,944.99 Project name: Fiber Optic Construction Description of goods and services: Hunter Communications will provide Fiber Optic service to 5 sanitary sewer pump stations (Grandview,N.Main,N.Mountain,Shamrock, Winburn). Background: Agency is preparing to purchase the (construction/splicing) services of Hunter Communication for the installation of Fiber Optics to the five sanitary sewer pump stations. It's the Agency's intent to have these services installed, by 9-28-2014. This sole source justification applies to the purchase of Hunter Communication services because they are the only contractor who can handle the fiber splicing and the underground construction involved in this project. Form#5-Sole Source-Goods andSerAces-Less than 110o.fM Pam1 nf9 arurnnaa Findings: Market Research Overall finding: After researching and contacting the Oregon contractors capable of providing the aerial and underground fiber optic construction necessary; the findings lead to only one local source. This source is Hunter Communications in Medford Oregon. Hunter Communications has the local resources available to dedicate the manpower and equipment for the time period needed to complete this fiber optic work- The second closest fiber optic contractor (Grants Pass) Cascade Communications does not provide the aerial and underground construction service necessary. Fiber optic contractor CoastCom Inc (Newport)and contractor Windwave Communications (Heppner)both declined involvement in this project due to the distance their crews would need to travel and the time period their resources would need to be dedicated to the Ashland locations. [N accordance with ORS 279B.075, these are the examples offindings that should be addressed Select at least one of the findines and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Hunter Communications is the only company in Southern Oregon/Northern California with the ability to handle the city's fiber optic splicing, aerial and construction needs. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. NA Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. NA Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. NA Forth #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2,6/30/2014