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HomeMy WebLinkAbout1999-057 Contract - Hunter ConstructionSpecific RFP Information for the City of Ashland's Fiber Management and Splicing Services: SECTION 5 5.1 Hunter Construction, Inc. 771 Vilas Rood East Central Point, OR 90502 541-772-9282 FAX 541-772-4805 5.2 Years in Business: 5 Years ( 34-94 incorporated in the State or Oregon) and over the last five years, have averaged 18 Employees. 5.3 Hunter understands the reference to section 6. 5.6 6.0 9.4 9.5 = 3. 4. 5.1-4 Hunter Constructions, Inc. is capable of performing all construction described in section 3 (including Exhibit A) and other services recommended in the proposal. · Hunter Construction owns all equipment for the installation or services as described in section 3 (and as described in the attachment A reference) and other services recommended in the proposal. · Hunter is locally owned and operated business, staffed with long term, resident employee trained in all areas for the installation or services as described in section 3 (and described in the attachment A reference) and other services recommended in the proposal. · Hunter Construction is prepared to start this project within 24 hours of receipt of a purchase order. Hunter will respond to emergency service requirements "as required" within hours. · Understanding the requirement for changes and implementation in the AFN fiber splicing design, Hunter will offer flexibility and a "can do" attitude. · Hunter understands the likelihood of "in field" design changes and will not attempt to adjust pricing due to reasonable changes. · The use of sub-contractors will not be required by Hunter to comply with any installation or service required. · Hunter will comply with ORS 192.501 or ORS 192.502 Hunter accepts the City's contract provisions. Hunter will provide timely response to any requests under this provision. If requested, Hunter will comply with this provision. EXHIBIT B Hunter Construction, Inc. will cornply with Prevailing Wage Requirements. The provisions of ORS 279.348 through 279.365 (Prevailing Wage Rates) Hunter will pay any required BOLl Fee's as outlined in this item. If chosen and after award, Hunter will provide the required Performance Bond. Hunter will support this provision. Hunter will comply. e 9-11 12. 13. 14. 15. 16. 17-26 Hunter will comply. Hunter will comply with all provisions of part 7 with the exception of 7.2 as Hunter is on BI-monthly payroll and will provide records as required. Hunter will comply. Hunter will comply. Superintendent's name, pager and cell numbers will be provided after award of contract. Hunter will comply. License on file # 982300 Hunter will not be using sub-contract labor for this project. Under the current scope of this proposal, Hunter will not require advances on matedal for this project. Hunter will comply. EXHIBIT "A" 1. SDlicina For a minimum of 1280 splice, using a FUJIKURA FSM-30S am fusion splicer and providing OTDR reports using a Techtmnics Mini-Ranger OTDR unit. Price per splice: $ 45.50 2. Construction Contractor will provide "splice tubes" (enclosures) with required splice trays of the appropriate number to manage splidng on cable. Cables will be a minimum of 48 fibers and a maximum of 172 fibers. Pridng for "splice tubes" will be on a Per Unit Basis and must be approved in writing by AFN previously to provisioning.* Contractor will provide and place* f'Ne (5) each Ortronics LIU 72 Port with splice trays for managerrent of headend splidng. Price per LIU unit: $ 925.00 Contractor will provide and place* five (5) each Ortronics 72 pigtail assemblies' headend management. Price per 72 pigtail assemblies: $1582.00 *(splicing for 'Construction' or item #2 is considered to be part of 'Splicing' or item #1) Contractor may be responsible to place external cabinets at ground level for protection of extemal splicing tubes and Liu's. Any costs associated with this type of installation will be approved in writing and must be approved by AFN. EXHIBIT C. CITY OF ASHLAND CONTRACT FOR FIBER SPLICING AND MANAGEMENT Contract made on the date specified below in Recital A between the City and Contractor as follows: Recitals: A The following information applies to this contract: CITY: CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 (541) 482-3211 (541) 488~5311 Date of this agreement: Contractor: Hunter Construction, Inc. 771 Vilas Road East Central Point, OR 97502 ¶B. 541-772-9282 Fax 541-772-4805 ¶9. Contract amount: B. City issued a request for proposals (RFP), on the date specified in Recital A above, for FIBER SPLICING AND MANAGEMENT. Contractor submitted a proposal in response to the RFP on the date specified in Recital A above. C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the services and construction covered by the RFP. City and Contractor agree as follows: 1. Contract Documents: This contract is made as a result of a Request for Proposals (RFP) issued by City on the date specified in Recital A. In the event of any inconsistencies in the terms of this contract, the RFP including its attachments, and the proposal, this contract shall take precedence over the RFP which shall take precedence over the proposal. PAGE 15-CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN 2 Scope of Services: 2 I. Contractor shah perform the services described in the RFP when requested to ,3,:: so by City. The term "services" as used in this contract shall include all work that is performed in constructing and testing the fiber splicing and management, and all reports, documents and other tangible items that are produced by Contractor for City pursuant to this contract 3 Quality of Service: 3.1. Contractor shall perform its services as an independent contractor in accordance with generally accepted standards in Contractor's profession or trade. Contractor shah be responsible for the professional quality, technical accuracy, and the coordination of all services performed by Contractor under this contract. Contractor shall, without additional compensation, correct or revise any error or deficiencies that are the result of Contractor's negligence. City's review, approval, acceptance of, or payment for, any of the services covered by this contract shall not be construed to operate as waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor's negligent performance of services. 3.2. Contractor shall perform the services as expeditiously as is consistent with professional skil~ and care. 4 Term: The initial term of this contract shall begin and end on the dates specified in Recital A, unless sooner terminated as provided in this agreement. 5. Bond: Contractor shall, within five days after execution of the contract and prior to doing any construction under the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $10,000 conditioned upon the faithful performance of this contract upon the part of the Contractor. 6. Assi.qnment of Contractor's Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person named in Recital A, who shall act as Contractor's representative in all communications and transactions with City. 6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractors employees to perform services covered by this contract if the requests are consistent with sound business and professional practices. 7. Authority of Contracting Officer: The Contracting Officer for this contract is named in Recital A, The Contracting Officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. PAGE 16-CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN 8 Responsibilities of City: City will provide information, documents, materials and services that are within the possession or control of City and are required by Contractor ,'o.- performance of the services. City shall cooperate fully with Contractor to achieve t~e objectives of this contract. 9 Payment: City shall pay Contractor for services performed by Contractor bi-monthy as invoiced by the Contractor for services performed and equipment provided. City shall pay Contractor within 15 days after receipt and approval of the invoice. 9.1. All payments during the construction phase of the project will be made at the times and in the manner provided in the contract documents. !0. Prevailin.q Wa.ae Rates: The Contractor shall pay a fee equal to one-tenth of one percent of the construction portion price of this contract. The fee shall be paid on or before the first progress payment made for the construction portion or 60 days from the date work first begins on the construction whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street # 32 PORTLAND OR 97232 The Contractor shall fully comply with the provisions of O.R.S. 279.348 through 279.365 pertaining to prevailing wage rates. ! 1. Compliance with Law: The provisions of this contract shall be construed in accordance with the laws of the State of Oregon. Contractor agrees that while providing services covered by this contract, Contractor will comply with all applicable state, federal and local laws, rules, regulations and ordinances including, but not limited to, the laws and rules cited in this paragraph. Any provision of this contract in conflict with applicable laws, rules, regulations or ordinances is void. 12. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City, t 3. Records: Contractor shall keep proper books of account and other records pertaining to the services Contractor provides to City. The books and records shall be made available at a location reasonably accessible to City, who may inspect all such books and records, at reasonable times, to verify Contractor's compliance with this contract. City shall have the right to request an annual audit of Contractor's books and records by a certified public accountant chosen by City to determine Contractor's compliance with the terms of this contract. The cost of the audit shall be borne by City. 14. Default: A default shall occur under any of the following circumstances: PAGE ]7-.CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN 14, 1, !f the Contractor fails to begin the work under contract within the time sOecified or fails to perform the 'work with sufficient workers or equipment or with sdfficient materials tc insure the prompt completion of the project, or shall neglect or :5Fuse to remove materials or perform anew such work as shall be rejected as defective unsuitable or shah discontinue the prosecution of the work. 14,2. if the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of 48 hours, or shall make an assignment for the benefit of creditors. 14.3, If either party fails to perform any act or obligation required of that party by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity, If the breach specified in the notice ~s of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the thirty day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.4. Notwithstanding subparagraphs 14.1 through 14.3, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this agreement. 15. Remedies: If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.1. In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take the prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contact, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 15.2. Any litigation arising out of this contract shall be conducted in Circuit Court or District Court of the State of Oregon for Jackson County. t 6, Termination without Cause: PAGE 18-CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN I 6, 1, In addition to the right to terminate this contract under paragraph 15, City shall have the right to r. erminate giving Contractor written notice sixty days prior to the termination date t6.2. in the event that City requests termination of services under this subparagraph, Contractor reserves the right to complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect ~ts professional reputation. to complete a report on the work performed to date of termination. 16.3. if this contract is terminated under this subparagraph, Contractor shall be paid for all fees earned and costs incurred prior to the termination date.. Contractor shall not be entitled to compensated for lost profits. 17. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. Notices to City shall be addressed as indicated in Recital A and notices to Contractor shall be addressed as indicated in Recital A. 18. Assi.qnment: City and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party to this contract and to the partners, successors, administrators, assigns and legal representatives of such other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior written consent of City, Except as stated in this subparagraph, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Contractor. 19. City Benefits: This contract is not intended to entitle the principals or employees of Contractor to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, social security, workers' compensation, unemployment compensation, or retirement benefits (except insofar as benefits are otherwise required by law if the Contractor is presently a member of the Public Employees Retirement System). 20. Severability: If any provision of this contract shall be held to be invalid or illegal, such invalidity or illegality shall not affect any other provisions of this contract, and this contract shall be construed as if such invalid or illegal provision had never been included in the contract. 21. Modification No modification of this contract shah be valid unless in writing and signed by the parties. 22 No Waiver: No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver is written and signed by the party claimed to have PAGE 19-CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN ade the waiver. Any waiver of a breach shall not constitute a waiver of any other d ifferent or subsequent breach. 23. Prior A.qreements: The contract documents constitute the entire, final and complete agreement of the parties pertaining to the services, and supersede and replace al! prior and existing written or oral understandings except as othenwise continued in effect by the terms of this contract. Contractor CITY DC~:De earl REVIEWED AS TO FORM By Date: Coding ~ ~ i- 1 2. (for City use only) CITY OF ASHLAND PROPOSALS FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN June 4, 1999 (date) To: Richard Holbo Ashland Fiber Network Ashland Electric Utility City of Ashland 90 North Mountain Ashland, Oregon 97520 (541) 552-2308 I, the undersigned, an authorized representative of the offeror whose name is: Hunter Construction, Inc. whose address is: 771Vilas Road East City, State & Zip: Central 772-9282 Phone No,: 541-~x~x Point, OR 97502 FAXNo, 541-772-4805 PAGE 2(9-CONTRACT FOR FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN i have read and thoroughly understand the Request for Proposals (RFP) for the "FIBER MANAGEMENT AND SPLICING SERVICES FOR AFN" including all documents attached or incorporated into the RFP. acknowledge that addenda numbered through have been received b.y the undersigned and have been examined as part of the contract documents. Acting on behalf of my firm which is listed above, I make the following proposal in response to the RFP (I have attached additional pages where necessary): Number of years the offeror has been in business and the average number of employees over the previous five years: 2: The offeror's acceptance or rejection of the contract provisions proposed by the city. The offeror may suggest changes in the contract in accordance with section 6. = State whether the offeror is capable of performing construction described in EXHIBIT A of the RFP and other services recommended in the proposal. If the offeror intends to subcontract any of the design, construction or operation of the project, the proposal shall identify subcontractors and include all information required by subsections 5.1 to 5.3 of the RFP for each subcontractor. 4 Additional services or suggestions that would benefit the city. (Attach as separate pages.) 5. The offeror is×xx or is not a resident bidder as defined in O.R.S. 279.029. The offeror's Construction Contractors Board number is: 99 48 -I The undersigned acknowledges that for the construction phase of this project, provisions of ORS 279.350 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract. Hunter Construction, In~. By: w. Ryan Sec/Tres. (Corporate Officer, Title) Date: June Z 1999 :J Amwe r, a3oo P~EM~UM .... .. 20 ~-J~X ~T~ ~Nb'rRtJGrK~q CX)N'rRai~'T ,q."?~r~ ~t lO,OOO BOND r~e (Not oaffior tha~ Omdn,~tlon Contra~ Dite~ 08105/99 Amount ~10,000 AMWE,S'r SuBf'n' INSUILI, klCG COJUlPAlirl' ~a~ 14:1a ~'A.~ 541 4B8 53~D I'EIFOIMRNCE ~008 LIMIYED POWER OF ATI-oR~E ~ Amwost Surety Insurance ComiJanv ....... K)W~B.J~JMBI~ O~;~ ~ ..... ,,,..ef..,..-,,,,. B,F. SOL~I~OKSO[,i~;uflA.R.DQFDi~ZCTGj,3 ....,.........,,~.,......