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Home My WebLink About2002-149 Contract/Revised PO - Hunter Communications CITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND (CITY) Hunter Construction, Inc. DBA Hunter Communications 20 East Main Street (CONTRACTOR) Ashland Dregon 97520 Address: 801 Enterprise Drive Central Point, OR 97502 Telephone (541) 488-5350 FAX: (541) 488-5311 Telephone (541) 772-9282 FAX (541) 772-4805 DATE OF AGREEMENT: iU 8 - cut BEGINNING DATE FOR WORK: lb -/8 -02. COMPENSATION: SEE EXHIBIT'A' ATTACHED COMPLETION DATE: WORK TO BE PROVIDED: SEE EXHIBIT `A' ATTACHED ADDITIONAL TERMS: CITY AND Contractor AGREE: 1 All Costs by Contractor: Contractor shall.. at its own risk and expense, perform the work described above and, unless otherwise specified, fu-nish 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 all 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 bcnded 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 start performing the work under this contract by the date indicated above and complete the work by the completionV date indicated above 4 Compensation City shall pay Contractor for work performed, including costs and expenses, the sum specified above. Once work commences, invoices shall ce prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made mays U1 LE y dzt"4044av,9+ Should the contract be prematurely terminated payments will be made for work completed and accepted to date of termination. r oh}ta Compensation ender this contract, including all costs and expenses of Contractor, is limited to $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000 00 unless a separate written contract is entered into by City. 5 Ownership o* Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6 Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7 Living Wage Requirements: If the amount of this contract is $15,000 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing Nork under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached not ce predominantly n 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, subrogation's 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 : ontractor's employees, agents.. and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be h,-id responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly; solely, and approxtmatelG caused by the negligence of City 9. Termination This contract may be terminated by City by giving ten days written notice to Contractor and may be terminated by Contractor should City fail substantially to perform its obligations through no fault of Contractor 10 Independent Contractor Status: Contractor is an independent contractor and not an employee of the City. Contractor shall have the complete responsibility 'or the performance of this contract. Contractor shall provide workers' compensation coverage as required in ORS Ch 656 for all cersons employed to F,erform work pursuant to this contract and prior to commencing any work, Contractor shall provide City with adequate proof of workers' compensahor ~ overage Contractor is a subject employer that will comply with ORS 656.017. 11 Insurance ontractor shall, at its own expense. at all times during the term of this agreement, maintain in force a comprehensive general liability policy mcludirg coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations ovmer's and contractor's protective insurance 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 S500.000 per currence for bodily injury and $100.000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" base Fhe City of Ashland, its officers, employees and agents shall be named as additional insured. Certificates of insurance acceptable to the City shall be f ed with City's Risk Manager prior to the commencement of any work by Contractor under this agreement. These certificates shall contain provision that -overage's afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has cee, given to City. 12. Assignme it and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent cf City. Any attempte(I assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns c bcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual re afi n been the assignee or subcontractor and City. 13 CONTWT CITY OF ASHLAND.- BY- BY Its i City Administrator or Finance bifiactor DATE 012,J9 0 z- Federal Tax ID # CONTENT REVIEW (City Dept Head) /6214 DATE. Purchase Order # = Acct. No.: (for City purposes only) :;ITY OF ASHLAND WORK CONTRACT <$25,000 (G:\legal\Paul\FORMS\contract for work form 12-01.wpd)(rev'd 12/01) Detach this page and insert in its place the Living Wage Notice (See paragraph 7) Exhibit A 1. City: 1.1. Shall provide locations, specifications, blue prints and drawings for work to be performed under this agreement. 1.2. Shall compensate Contractor according to the following schedule. 1. Aerial Crew: Forman, laborer, truck, tools and required equipment - $ 100.00 per hour. 2. Underground crew: Forman, laborer, truck, tools and required equipment - $100.00 per hour. 3. Flagger: One certified flagger with "stop/slow" paddle - $ 38.00 per hour 4. Splicer : Coaxial and Fiber Optic with all required termination, splicing and test equipment - $ 50.00 per hour 5. General Laborer: No tools or equipment. - $ 38.00 per hour 1.3. Shall provide proper grounding in all facilities to be serviced. 1.4. Shall, in cooperation and arrangement with Contractor, provide a safe and clean work environment free from safety hazards, except as provided in paragraph 2.4 below. 1.5. Shall provide all local permits required by law for work to be performed by Contractor. 1.6. Shall be responsible for the locating of all City-owned facilities and repair of such if damaged by Contractor because of City's failure to locate. Contractor will assist in the repair of these facilities at its hourly rate. 1.7. Shall make payment to Contractor within 30 days of a properly submitted and correctly prepared invoice or 15 days after the payment is approved by the City, whichever is earlier. For payments not made within this period, City shall pay interest at the rate of 12% per annum commencing from the date payment was due. 2. Contractor: 2.1. Shall provide the following work: Cable installations and termination of existing cable installations to correct identified violations and errors on existing AFN system, testing and repair of cables, facilities and system including conduit placement. 2.2. Shall respond within 72 hours after City notifies Contractor via fax identifying locations and services to be provided. Contractor shall provide sufficient labor, equipment and materials to complete each service call within five working days from fax notice from City, provided that City has provided all materials required of it. Delays caused by acts of God or war shall excuse Contractor from the deadline for completion specified in this paragraph. 2.3. Shall bond all installed hardware and provide ground locations in accordance with NEC specifications. 2.4. Shall be solely responsible for the safety of its workers, invitees and visitors, as well as the security of its tools, equipment, , ~ ~ /0/./, - Z - issued materials and belongings, and those of its workers, invitees and visitors. Customer shall bear no responsibility therefore. 2.5. Shall, upon completion of work and final completion of contract requirements, remove all excess materials, tools, structures and the like, that may have been brought on the work site or rented by Contractor. If Contractor fails to do so, City shall notify Contractor and Contractor shall clean up the site at the sole expense of Contractor. 2.6. Warrants and guarantees the labor and installations covered by this agreement for a period of one year after completion and agrees to correct, at its own expense, any defects of labor or installations. 2.7. Shall provide all materials for this project and assure that all materials will be of standard or better quality and meet all required building codes and standards. All materials covered by a manufacturer's warranty shall be identified for benefit of City. 2.8. Shall reimburse City for any damages or costs incurred by reason of Contractor's failure to perform the work competently or diligently. 2.9. Shall comply with the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes") and with the rules adopted by the Oregon Utility Notification Center regulating the notification and marking of underground facilities. Contractor shall not be held responsible for any costs associated with un-located or miss-located facilities or utilities if Contractor has complied with this paragraph. 2.10. Shall provide a list of materials used or installed by Contractor when requested by the City. End of Exhibit A.: City acceptance: By Dated /~/Z OTi Contractor acceptance: By Dated ~O l 10dZ. 0 r11111 I ACORD CERTIFICATE OF LIABILITY INSURANC PID DATE(MMUDDAM 02W 09/16/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KPD Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 835A Alder Creek Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ledford OR 97504 Phone:541-245-1111 Fax:541-245-1112 INSURERS AFFORDING COVERAGE INSURED INSURER A: $AI$ INSURER B: Hunter Construction, Inc. INSURER C: 801 Enterprise Drive Suite 101 INSURER D: Central Point OR 97502 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIM DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE FIOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S POLICY rJPERC LOC 17 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB ANY AUTO (Ea accident) $ ALL OWNED AUTOS SCHEDULE( AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY s (Per accident) - - PROPERTY DAMAGE (Per accident' s GARAGELIABIUTY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ Y DEDUCTIBLE $ RETENTION $ - STA WORKERS COMPENSATION AND X TORY LIM S ER A EMPLOYERS' LIABILITY 36-20001-02088-288375 04/01/02 04/01/03 E.L. EACH ACQDENT $ 500000 (BINDER) E.L. DISEASE- EA EMPLO $ 500000 E.L. DISEASE -POLICY UMIT s 500(100 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Operations of the Named Insured CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CI TASHU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOII~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FCirsten Bakke 20 East Main IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ashland OR 97520 REPRESENTATIVES. AUT S AT ACORD 26S (7/971 OACORD CORPORATION 1998 ACaR CERTIFICATE OF LIABILITY INSURANCE OP IDDN DATE IMWDMYY) _ HUNT 02C 06/21/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE_ KPD Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR °0 sox 936 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Idford OR 9'501 INSURERS AFFORDING COVERAGE Phone: 541-245-1111 Fax: 541-245-1112 INSURED INSURERA: Continental Western INSURER B: Hunter Construction, Inc. DSA: Hunter Communications INSURER C. 801 Enterpirse Dr., Suite 101 INSURER D'. Central Point OR 97502 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAHAED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA POLICY EFFECTIVE POLICY EXPIATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MWDWM DATE (MWDDIYY) Lam GENERAL LIABILITY EACH OCCURRENCE f 1,000,000 A X I COMMERCALGENERAL LASLITY 2317300 06/20/02 06/20/03 FIRE DAMAGE (My-r-) $ 100,000 CLAMS MADE OCCUR MED EXP UUII' eIM p-) f 5 , 0 0 0 X $1,000 PD Dad PERRONAL&-OVKURY s 1,000,000 Applies GENERAL AGGREGATE f 2,000,000 GENT AGGREGATE LIMIT APPLIES PEA: PRODUCTS-COMPIOPAQG s 2,000,000 POLICY JJE T LOC 17 AUTOMOBILE LABN in COMBINED SINGLE LIMIT A X ANY AUTO 2317307 06/20/02 06/20/03 (E... s 1,000,000 X ALL OWNED-I'OS BODILY INJURY S X (PAr"-) SCHEDULED -0 -05 X HIiEDAUT05 BODILY INJURY X NON-OWNED AUTOS (PAr ACl NQ f PROPERTY DAMAGE (P.KG*M.Q S- GAMGE LABIJTY -.s AUTO ONLY - EA ACCIDENT f ANY AUTO EA ACC f OTHER THAN AUTO ONLY: AGO S EXCESS LIABILITY EACH OCCURRENCE s 2 , 000 , 000 A X OCCUR - 1 CLAIMS MADE 2317307 06/20/02 06/20/03 AGGREGATE s 2,000,000 s DEDUCTIBLE f RETENTION f s WC WORKERS COYPEMSATIDN AND STATLL OTH- TORY LMFTS ER EMPLOYERS LIABILITY E.L. EACH ACCIDENT S E.L DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT f OTHER DESCRIPTION OF OPE TIONUO TIONfM6NM:LSSRXCUMOMS ADDED BY ENOORBEMENTISPECI LPROVISIONS The City of Ashland is added as an Additional Insured regards all operations of the named insured. CERTIFICATE HOLDER Y ADDITIONAL INSUREDCWSURMLETTER: A CANCELLATION CI TAS02 SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED WORE THE EXPIRATION ' /T DATE THEREOF. THE ISSUING WBURER WILL ENDEAVOR TO MALL 30 "YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. MIT FAILURE TO DO SO SHALL City of Ashland IMPOSE NO OBLIGATION OR LAMUPY OF ANY KIND UPON THE MSURAK ITS AGENTS OR 90 N Mountain Ave. Ashland OR 97520 REPRESENTATTVE& AuTHDAIx Ae EN cv~~ ACORD 25-S (7197) ®ACORD CORPORATION 1988 Page 1 / 1 J pFYA,CITY RECORDER'S COPY CITY OF ASHLAND w 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 10/22/2002 03693 (541) 488-5300 OREGON; VENDOR 000082 SHIP TO: Ashland Fiber Network HUNTER COMMUNICATIONS (541) 488-5354 801 ENTERPRISE DR. STE.# 101 90 N. MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point Req. No.: Terms Payable on receipt Dept.: ELECTRIC Req. Del. Date 10/18/2002 Contact: Dick Wanderscheid Special Inst Confirming? NO Quanti Unit Description Unit Price Ext. Prig BLANKET PURCHASE ORDER Contractor shall provide the following 20,000.00 work: Cable installations and termination of existinq cable installations to correct identified violations and errors on existinq AFN system, testinq and repair of cables, facilities and system includinq conduit placement. CSK Date of agreement: 10-18-2002 Beqinninq date of work: 10-18-2002 Completion date: 06-30-2003 Not to exceed $20,000 for current fiscal year. Insurance required/On file SUBTOTAL 20 000.00 BILL TO: ACCOuri! Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL E20,O00.00 ASHLAND, OR 97520 Account Number Amount Account Number Amount E 691.11.00.00.704100 20 000.00 AgO'&,.d Signature VENDOR COPY CITY OF -AS H LA N D REQUISITION FORM Date of Request: C~ ern THIS REQUEST IS A: AUG '76 ❑ Change Order(existing PO # ) egyired Date of Delivery/Service: Vendor Name: C?i"~`I f'ti~ ji~ t c i rl %N~; Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Total Cost Solicitation Process: ❑ Exempt ❑ 3 Written Quotes (copies attached) /V , f } L l ~ Rj Sole Source ❑ Invitation to Bid (copies on file) ; ❑ Less than ❑ Request for j $5000 Proposal (copies on file) k. l> t , C x {`1 t ~ - Account Number0l t I. Oc,_ uo. logk N r i `Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost ; Account Number *Please attach the quotes. Employee Signature:% L~ Supervisor/Dept. Head Signature: NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Process requ' ments and can be provided when necessary. R" C, RTY RECORDER'S AOpy Page 1 / 1 CITY OF ASHLAND 20 E MAIN ST DATE Po NUMBER . ASHLAND, OR 97520 10/22/2002 03693 oREGO~ (541) 488-5300 VENDOR: 000082 SHIP TO: Ashland Fiber Network HUNTER COMMUNICATIONS (541) 488-5354 801 ENTERPRISE DR. STE.# 101 90 N. MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Payable on receipt Dept.: ELECTRIC Req. Del. Date: 10/18/2002 contact: Dick Wanderscheid Special Inst: Confirming? No Chianti Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER BLANKET PURCHASE ORDER Contractor shall provide the following 20,000.00 work: Cable installations and termination of existinq cable installations' to correct Iden0fted violations and errors on existinq AFN system, testinq and repair of cables, facilities and system includinq conduit ` placement. CSK Date of agreement: 10-18-2002 Beginning date of work: 10-18-2002 Completion date: 06-30-2003 Not to exceed $20,000 for current fiscal year. Insurance required/On file Revised purchase order 10-31-2002 Changed account number to "Repairs-infrastructure" I SUBTOTAL 20 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 20,000.00 ASHLAND, OR 97520 account Number Amount Account Number Amount E 691.11.00.00.602400 20 000.00 uthorized Signature VENDOR COPY (7 0TH` RECORDER'S ~Op T Page 1 / 1 of asy~2o CITY OF ASHLAND DATE PO-NUMBER, 20 E MAIN ST. y, ASHLAND, OR 97520 10/22/2002 03693 (541) 488-5300 OREGO~• VENDOR: 000082 SHIP TO: Ashland Fiber Network HUNTER COMMUNICATIONS (541) 488-5354 801 ENTERPRISE DR. STE.# 101 90 N. MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Payable on receipt Dept.: ELECTRIC Req. Del. Date: 10/18/2002 Contact: Dick Wanderscheid Special Inst: Confirming? NO Quanti Unit Description - Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER BLANKET PURCHASE ORDER Contractor shall provide the following 20,000.00 work, Cable installations and termination of existinq cable installations to correct identified violations and errors on existinq AFN system, testing and repair of cables, facilities and system including conduit placement. CSK Date of agreement: 10-18-2002 Beqinninq date of work: 10-18-2002 Completion date: 06-30-2003 Not to exceed $20,000 for current fiscal year. Insurance required/On file Revised purchase order 10-31-2002 V Chanqed account number to "Repairs-Infrastructure" I SUBTOTAL 20 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 20,000.00 ASHLAND, OR 97520 Account Number Amount Account Number Amount E 691.11.00.00.602400 20 000.00 sized Signature VENDOR COPY