HomeMy WebLinkAbout1999-082 Contract - Hunter Communications iTY Of ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
CITY OF ASHLAND. (CITY)
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002 FAX: (541) 488-5311
AGREEMENT DATE:
I]4. COMPENSATION: Not to exceed
$15,000.00
CONSULTANT: Hunter Communica!.ions
Address: 771 Vilas Road East ; ~
Central Point, OR 97502 ~.'
Telephone: (541) 772-9282 ~ """ 'T-~Or,~,q~l )772-4805
113. BEGINNING DATE: March 11, 1999
113. COMPLETION DATE: April, 1999
111. SERVICES TO BE PROVIDED: Provide splicing and testing of fiber strands; Fiber splicing training for two
(2) Ashland Power personnel; OTDR one direction connector testing.
ADDITIONAL TERMS: Account number: 691-82-624.000
CITY AND CONSULTANT AGREE:
12. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise
specified, furnish all labor, equipment and materials required for the proper performance of such service.
13. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required
under this contract are fully qualified to perform the service to which they will be assigned in a skilled and workerlike manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current
City of Ashland business license.
14. Completion Date: Consultant shall start performing the service under this contract by the date indicated above and complete the service by the
completion date indicated above.
15. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum of specified above. Once work
commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the pdor month. Payments shall be made
within 30 days of the date of the invoice. Should the contract be prematurely terminated payments will be made for work completed and accepted to
date of termination.
16. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City.
17. Statutory Requirements: ORS 279.312,279.314, 279,316 and 279.320 are made part of this contract.
18. Indemnification: Consultant 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
Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant
to this contract.) Consultant shall not be held responsible for any losses, expenses. claims, subrogations, actions, costs, judgments, or other
damages, directly, solely, and approximately caused by the negligence of City.
19. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant
should City fail substantially to perform its obligations through no fault of Consultant.
20. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete
responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all
persons employed to perform work pursuant to this contract and prior to commencing any work, Consultant shall provide City with adequate proof of
workers' compensation coverage. Consultant is a subject employer that will comply with ORS 656.017.
21. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general
liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability. professional errors
and omissions, products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The
liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of
insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this
agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications
cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
22. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the wdtten consent of
City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall
not create any contractual relation between the assignee or subcontractor and City.
CONSULTANT:
BY ,Z. . ,.' /
CITY OF ASHLAND:
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Purchase Order # ~'~
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(City Dept. Head) Date:,.-~'/~'5
(ci A,o,-,',ey) Date:
CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$f5,000 (p:forms~a-shrtps. fk)(rev'd 7/93)
(for City purposes only)
P_02
SPLICING PROPOSAL / AGREEMENT ~ ~ ~57~ ¢,c
This proposal is made this 8m day of March 1999 by Hunter Communication. hereafter kno n
as "Contractor* and Ashrand Power, hereafter known as "Customer".
This proposal is based on Node locations verified by Contractor with Customer based on print
documentation. AIi enclosures and specifications will be confirmed in writing, by both parties,
prior to commencement.
Any changes to the physicat installation lengths, termination locations or material, equipment
and testing specifications after notice to proceed, will be made at no additional cost to
contractor and will require a signed change order before any additional work is performed.
SCOPE OF WORK
Contractor agrees to perform the following work and to furnish labor, supervision and toots
necessary to complete such work as described below. This proposal is based on a "non -
prevailing wage" project. Travel and per diem are included.
1. Contractor will provide for splicing and testing of all fiber strands placed by Customer,
2. All materials with the exception of the strength member required for splicing will be
provided by Customer.
3. All other materials purchased by Contractor will be billed back to Customer.
4- Contractor will provide fiber splicing training for two (2) Ashland Power personnel with the
understanding that Contractor will schedule training sessions.
5. A four-hour T&M will be billed for all Customer requests for splices less than six (6)
splices per tocation,
6. Contractor will provide OTDR one direction connector testing under this agreement.
COMPENSATION
Customer agrees to the following compensation terms of this agreement:
1. Unit price per single-mode fiber splice: $ 35.00 per splice.
2. Terms - Net 15 days per invoice.
DAMAGES OR COSTS
Contractor shall reimburse Customer for any damages or costs incurred by reason of
Contractor's failure to prosecute the work competently and/or diligently.
CLEAN UP / JOB SITE
Upon completion of work, and upon final completion of the contract requirements, Contractor
will remove all excess materials, 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 may clean up
the premise at the sole expense of the Contractor.
LISCENSING AND BONDS
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 or upon acceptance of agreement.
PERMITS
If required Customer shall provide all local permits for work to be performed, as required by
law. All permits obtained by Contractor will be billed back to customer at actual cost of any
fee's plus the management rate of twenty-five ($25.00) dollars per hour.
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, performance of existing system, damage to property; personal injury or death; and
the like, caused by negligence by the 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 will not be held responsible for any materials or
performance of existing systems.
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
involved, Contractor will be asked to leave and will be replaced by another Vendor/Contractor
and receive compensation for work completed by Contractor through time period.
CONTRUCTION SITE
All work shall be performed within the city limit of Ashland Oregon.
SUBLE'!'rlNG ASSIGNMENT:
Contractor shall not sublet the work to be performed under this agreement, either in whole or
part, without the prior written consent of Customer.
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.
ENTIRE AGREEMENT / MODIFICATION:
This agreement shall constitute the entire agreement between the parties, and any prior
understanding or representation of any kind proceeding 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 of this agreement or additional obligations assumed by
either party in connection herewith shall be binding only if evidenced in writing, signed by all
parties. Any modification shall be added as an Exhibit and included as part and partial to this
agreement.
This proposal is valid for a period of 30 days from March 8th, 1999.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE
DATE/S ,A)S NOTED.
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INC. /
~I~N~T
Richa~ W~yan
DAYE DATE