HomeMy WebLinkAbout2004-180 Contract - Hunter ConstructionContract Amendment
Amending Contract "AFN Link to Qwest POP Contract" Dated 5th Septemb,er 2000
This amendment specifically amends items C and D under "1. Scope of Work"
For item D, AFN agrees to Hunter's request for a cash payment for AFN's obligation
to provide the materials and equipment at two "main splice locations". This cash
payment is irt the amount of $21,500.
This payment removes the obligation of AFN under item D to provide the materials
and equipment for these two splice locations.
In return for 'the labor value of the splice locations that AFN is making cash payment
for it is understood that Hunter will within 60 days of this agreement obtain rack
space in the Qwest POP in Medford Oregon. Hunter will provide AFN 5U of space for
AFN's use and allow AFN to use those racks to interconnect to other entities in the
Qwest POP. There shall be no additional Non Reoccurring costs for this service, and
Hunter will cover the costs of moving the existing fiber termination from RIO racks
to Hunter racks.
AFN shall pay hunter a Monthly Reoccurring cost for access to this rack space to
cover electricity and rack rent in the amount of $30 per month. AFN will pay the
wholesale cost for any Qwest terminations or installations that it needs to
accomplish its interconnects.
For item C, the business need for these two locations have not materialized,
therefore before these two Splice Locations are requested or installed by either
party, a business need and further agreement will need to be negotiated.
In addition many of the precepts of the original contract are no longer applicable.
Therefore Hunter and AFN shall within the next 90 days begin negotiation on a more
complete agreement that allows for and incorporates the existing contracts, but
also provides a framework for adding or removing portions to allow for changes in
the business market or opportunities for the two parties to work together.
For AFN
Date ~~/~~/'. ~.
F or/H~lnter~
Date
AFN Link to Qwest POP Contract
Contract dated this 5= day of September 2000 between the City of Ashland, by and
through its Department of Electric Utilities, Ashland Fiber Network Division (AFN) and
Hunter Construction, Inc., an Oregon corporation dba Hunter Communication=s
(Hunter).
Recitals:
A. AFN and Hunter desire to have installed approximately 13 miles of a fiber optic cable
with 48 single-mode strands of fibers and all related equipment and facilities ~[o connect
AFN fiber optic system within the City of Ashland to a point of presence on Qwest
nationwide network ("the Qwest POP") in Medford, Oregon ("the link").
B. All aerial and required underground routes, vault locations, or possible cabinet
placement locations, termination locations and cable requirements have been reviewed
and accepted by the parties.
AFN and Hunter agree:
1. Scope of Work.. Hunter will, either directly or through its subcontractors and
vendors, install the link, including the provision of all labor, and equipment necessary
to:
A)
Connect the AFN fiber optic network in Ashland, Oregon, from a point located
approximately at the intersection of Nevada and Oak Streets in Ashland to the
Qwest POP nationwide network located approximately at the intersections of
Central and Jackson Streets in Medford, Oregon.
The lin~k shall be installed in accordance with AFN's standards and specifications
utilized by AFN for the AFN fiber optic network.
c)
Locate and construct splice locations necessary to connect varying lengths of
the fiber optic cable. Hunter will construct two main splice locations as requested
by AFN, located in, or to serve, the Cities of Talent and Phoenix.
D)
Hunter may construct for itself two main splice locations at locations to be
identified prior to construction of the link.
For purposes of this paragraph, a main splice location will be considered to
include: 300 feet of fiber optic cable, aerial or riser equipment and material,
pedestal and enclosure requirements and other related building materials and ali
permiffing and easement costs, if required.
1.1. Maintenance bv Hunter after Final Acceptance .by AFN. Hunter shall perform
all required maintenance and repair of the link at no cost to AFN for a period of at least
2 . years fi'om the date of final acceptance by AFN. Hunter shall use commercially
~easonable efforts to (a) monitor the link and its interconnection to other networks and
(b) maintain the link, including interconnections, in an operational state (except during
scheduled maintenance) in order to provide uninterrupted service. Where service is
affected, Hunter shall respond immediately upon notice from AFN to repair or restore
service. In no case shall such response exceed 30 minutes after notice from AFN.
1.1.1. AFN will supply all required materials necessary for proper
maintenance of the link.
1.1.2. Where the link is required to be relocated by a governmental
agency' in charge of the public right of way, costs for relocation shall be borne
equally' by the parties.
1.2. As built drawings. Within 60 calendar days following completion of the link,
Hunter shall furnish AFN with a completed set of as-built drawings depictincj the link
constructed, and reflecting all material changes, modifications, and deletions made
during construction.
1.3. Exceptional Conditions. Hunter has inspected the site or sites winere the link
is to be constructed, and is fully familiar with conditions under which the contract is to ·
be performed. Materials or obstructions encountered by Hunter, however, which cannot
be removed by hand-trenching or by backhoe-bucket attachments, such as lava rock,
large boulders, sandstone, concrete slabs or sidewalks shall constitute exceptional
conditions. Hunter shall give AFN written notice of any such exceptional conditions
within five work days of Hunter having reason to know of any such exceptional
conditions, and at least 48 hours in advance of incurring any cost for their removal.
Upon acknowledgment by AFN that such exceptional conditions exist, the parties shall
share the cost of removal equally.
1.4. Public Works Impro. ve_m_ent Conditions._ Hunter is to comply with the public
works improvement conditions of the City of Ashland attached as Exhibit A. In case of
discrepancy or conflict in the terms of Exhibit A and the terms in this contract, this
contract shall control.
1.5. Chan~e Orders. Change orders shall be entered into for the following: (a)
changes in the scope of the work; (b) a force majeure event; or (c) any adjustment to
the contract time as provided in paragraph 3.3.
1.5.1. No change order which results in an increase or decrease in
contract time shall be implemented without approval of both parties. In
connection with any change order, Hunter shall promptly prepare and
submit to AFN an estimate of increase or decrease, if any, in the cost or
time required to complete the work, together with an explana[tion of the
basis therefore.
1.5.2. Each party shall be excused from performance and shall not be
considered to be in default to the extent that its failure or delay in
performance is due to a force majeure event, and both parties shall use
reasonable efforts and due diligence to mitigate such an event.
If either party's ability to perform its obligations hereunder is
affected by a force majeure event, such party shall within three 'work days
of the party recognizing that the event could be a force majeure event,
cjive written notice to the other party stating the nature of the event, its
potential effect, and the anticipated duration thereof, and any action being
taken to avoid or minimize its effect. The party claiming force majeure
event will be held to have "recognized" the force majeure event at such
point as the party reasonably should have known the event wa,~ a force
majeure event based upon the information reasonably available to that
party at any given point in time. No party is entitled to relief based upon a
force majeure event unless and to the extent that notice is given.
Suspension of performance due to a force majeure even~ shall be
of no greater scope and no longer duration than reasonably required.
The party subject to the force majeure event shall use commercially
reasonable efforts and due diligence to partially or fully remedy any
iinability to perform the work arising from such force majeure event.
Hunter shall be entitled to an adjustment in the contract time to the extent
that such efforts and due diligence result in an increase in the cost or time
,of performance of the work.
For the purposes of this section a force majeure event means: an
event or circumstance that adversely affects the cost or time of
performance of a party's obligations under this contract to the extent the
same is (1) beyond the reasonable control of the affected party or its
contractors, subcontractors or vendors, and (2) could not have. been
avoided by the exercise of the affected party's best efforts. Such events or
circumstances may include, but are not limited to, any act, omission or
circumstance occasioned by any acts of God, acts of the public enemy,
wars, blockades, insurrections, riots, epidemics, landslides, lightening,
earthquakes, volcanoes, fires, unusually severe weather condiitions,
floods, disasters, civil disturbances, explosions, sabotage, the binding
order of any governmental authority which has been resisted in good faith
by all reasonable legal means, changes after the date hereof in federal,
state or local laws, shortages of labor or material, delays in transportation,
strikes or other labor disputes which exceed fifteen days in duration,
breakdowns of equipment not due to the greater fault of the party claiming
suspension, the existence of subsurface conditions that could not be
reasonably discovered, orders or judgements of any governmental
authority, the absence, suspension, termination, interruption, denial or
failure of renewal of any governmental approval, any change in law or
other event or circumstance not within the control of such party which
prevents such party from performing its obligations hereunder,
notwithstanding the foregoing, a force majeure event shall not include
equipment failures due to normal wear and tear or defects in
manufacturer design or construction, operation or maintenance
thereof.
2. AFN-Fumished Materials and Other Requirements.
2.1. AFN Fiber Optic Cable. AFN shall furnish to Hunter the fiber optic cable and
all associated materials for the project described in Recital A above. Cable furnished by
AFN will be delivered or made available to Hunter at AFN's storage yard in Ashland. An
inspection of AFN-furnished cable shall be made at the time of delivery to Hunter to
satisfy AFN and Hunter that the quantity and quality of the material is satisfactory for
use in the link. Thereafter, Hunter will be responsible for the material. Hunte~r shall be
required to pay for any shortages, deficiencies, or damages that may occur after such
delivery, and for any demurrage charges. Notwithstanding anything in this paragraph
to the contrary,, Hunter shall not be responsible for defects or deficiencies, sl~ortages or
damages in materials furnished by AFN which were not reasonably discovered based
upon the inspection provided for in this paragraph.
2.2. Pole Contact & Easements Permits. AFN shall obtain, maintain and pay for
all necessary easements and pole contact permits for attaching the cable to poles not
owned by AFN. Hunter shall assist in the pole application process by providiing
accurate pole iidentifying numbers and locations.
3. Contract Time. Construction of the link shall be commenced by Hunter upon AFN
delivering to Hunter a notice to proceed and Hunter shall commence mobilization within
14 calendar days after AFN issues the notice to proceed.
3.1. Telecommunication Permits for AFN. Hunter acknowledges that at the time
this contract may be executed by AFN, AFN does not have a PUC certificatE; of
authority or any required telecommunication franchises, pole contact permits and other
telecommunication permits and licenses which may be necessary for the linl<. Upon
execution of this agreement by both parties, AFN shall use reasonable efforts and due
diligence in obtaining such telecommunication franchises, permits and licenses
necessary for 'the link.
3.2. Telecommunications Permits for Hunter. Hunter shall be solely responsible
for obtaining any telecommunication franchises or authority necessary for Hunter's use
of the fiber conveyed to it upon completion of the link.
3.3. Adiustment of Contract Time. if the time of performance of the work is
affected as a result of delays in obtaining the telecommunication permits described in
paragraph 3.1, 3.2, paragraph 26 of Exhibit A, suspensions pursuant to ORS 279.328,
or any other event which, under this contract, is recognized as an event or occurrence
with respect to which Hunter, to the extent that such event or occurrence causes an
increase in the cost or time of performing the work, shall be granted an extension to the
contract time. Such an adjustment shall only be made to the extent same actually
affects the cost or time of performance of the work, to the extent that Hunter' has not
caused or contributed to cause the event or occurrence.
4. Contract Price. When the work is completed and fully and satisfactorily t~sted, AFN
shall convey to, Hunter, for Hunter's sole and exclusive use, 24 of the 48 fiber strands
installed as a part of this project.
5. Performance and Payment Bond. Hunter shall furnish a Performance and
Payment Bond in accordance with the Requirements for Public Improvements
document attached as Exhibit A.
6. Final Testing and Insl3ection. At such time as Hunter believes that the link is
complete, Hunter shall notify AFN in writing that the link is ready for testing and final
inspection. Testing and inspection shall be carried out by Hunter, as provided in the
AFN standards and specifications for its network. If, following the inspection and
testing, the link is found to be complete and satisfactory, this will constitute the final
testing.
If any work does not pass the testing, or is found incomplete or unsatisfactory, AFN will
provide Hunter with a written punch list and Hunter will remedy the situation within a
reasonable tirne and re-perform applicable testing. Following AFN review and upon
receipt of the reviewed punch list, Hunter shall immediately undertake to correct or
complete the items listed in the reviewed punch list. Upon completion of the ~vork
required by the reviewed punch list Hunter Shall again notify AFN in writing that the
Project is ready for testing and final inspection.
7. Disputed Work. If Hunter considers any work which AFN requests Hunter to perform
to be outside the scope of the contract, Hunter shall:
7.1. Wil~in one work day, upon knowledge of the impact or change caused by
the disputed work, give oral notice to AFN by delivery to the party identified in
paragraph 13;
7.2. Before performing the disputed work, obtain a written order from AFN
(unless otherwise agreed to in writing, AFN shall issue its written order within
two wot1( days of receiving oral notice under the subparagraph above);
7.3. Within two work days of receiving the written order, confirm the notice of
dispute in writing; and
7.4. Within ten calendar days after receipt of the written order, file a written
protest with AFN stating clearly and in detail the basis of objection, and include
an itemized statement of any increase in the cost or time of performing the work
that have or will resulted from the performance of the disputed work.
If Hunter fails to comply with the above procedure, AFN's ruling, if any,, shall be
final and conclusive and Hunter shall have no claim for additional compensation or
time. Hunter shall keep and furnish records of all disputed work.
8..payment of' Obligations. Hunter shall promptly make payments to all persons
supplying labor, equipment, supplies, or materials for the work when they beCOme due
under the subcontract or material contract. Hunter shall be responsible for any lien or
claim filed against AFN related to the work.
Failure to make payment of any claim when due may necessitate AFN paying
such claim to the person furnishing the work and charging the amount against
payments due or to become due to Hunter. Such payment shall not relieve Hunter or
Hunter's surety from Hunter's obligation for any unpaid claims. AFN shall not make
payment in the face of a legitimate dispute between Hunter and a subcontra~ctor or
material supplier.
9. Royalties and Patents. If Hunter employs any design, device, material or process
covered by letters of patent or copyright, Hunter shall provide for such use by suitable
legal agreement with the patentee or AFN. Hunter and the surety shall indemnify and
save harmless AFN, any affected third party or political subdivision from an!/and all
claims for infringement by reason of the use of any such patented design, device,
material, or process, or any trademark or copyright, and shall indemnify AFN for any
costs, expenses, and damages that it may be obliged to pay by reason of any
infringement, at any time during the prosecution or after the completion of the work.
10. Rights of Way and Easements. When and where the work may interfe~re with a
public way, Hunter and its subcontractors shall not cause the interference without prior
approval from the governing authority. Hunter shall provide all components, including
watchmen, required by the governing authority for warning to and protection of the
public.
Hunter shall confine construction activities within rights of way, easements, or
limits of construction permits. Prior to the use of any property outside these specified
boundaries, Hunter shall file with AFN the written permission of the property owner.
Upon terminating such usage, Hunter shall file with AFN a release from all damages
signed by the property owner.
Hunter shall be responsible for any trespass upon or injury to other property
resulting from or in connection with the work. Hunter shall be liable for any claims that
may be made due to encroachment of any kind upon private property.
11. AFN's Right to Do Work. If Hunter neglects to consistently prosecute tlhe work
properly, or flagrantly fails to perform the terms or conditions of the contract, AFN may,
without prejudice to any other remedy, supply or correct any deficiency or defect. Such
action by AFN shall be taken after five work days' notice by AFN to Hunter and Hunter's
surety. If, in the judgment of AFN, an emergency or danger to the work or to the public
exists, AFN may take action without notice. The cost of such action by AFN shall be
deducted from payments due or to become due to Hunter. Hunter or Hunter's surety
shall pay to AFN any excess of cost over payments due.
12. Final Acceptance. Hunter shall deliver to AFN a Certificate of Completion when
the work is considered fully and satisfactorily tested and complete and AFN shall,
within 15 work days after receiving the notice, either accept the work ("Final
Acceptance") or notify Hunter of the tests to be satisfied or work yet to be performed. If
the work is accepted, AFN shall notify Hunter and will make a final estimate and
recommend acceptance of the work as of a certain date. Upon approval and
acceptance by AFN, and subject to the other provisions of this section, title lto 24 fiber
optic strands will be conveyed to Hunter by AFN 15 days of Final Acceptance.
12.1. Release by Hunter. Prior to conveyance of the strands, Hunter :shall deliver
to AFN a release and waiver of all claims against AFN, except for claims previously
made in writing and identified by AFN and Hunter as unsettled, arising from or
connected with the contract and shall furnish satisfactory evidence that all amounts due
for labor, materials, and all other obligations have been fully and finally settled, or are
fully covered by insurance.
12.2. A_cceptance of strands. The acceptance by Hunter of title to the fiber optic
strands shall, except for claims previously made in writing and identified by AFN and
Hunter as unsettled at the time of final application for payment, release AFN from all
claims and all liability to Hunter for all things done or furnished in connectio~ with the
work, and for every act of AFN and others relating to or arising out of the Work.
13. Final Warranty. The work is guaranteed by Hunter for one year from the date of
Final Acceptance by AFN.
If, within the warranty period, repairs or corrections are required in connection
with the Work, Hunter shall promptly, without expense to AFN:
a) Place in satisfactory condition all guaranteed work;
b)
Correct all damage to the building, site, equipment, or contents that is the
result of the use of materials, equipment, or workmanship that are inferior,
defective, or not in accordance with the terms of the contract; and,
c)
Correct any work, material, equipment, or contents of building,, structure,
or site disturbed in fulfilling the guarantee.
AFN shall make its facilities available to Hunter for performance of work
pursuant to this warranty obligation.
If Hunter, within ten working days of the date on which AFN first makes its
facilities available to Hunter, fails to undertake efforts to comply with the terms of this
warranty, AFN may have the defects corrected. Hunter and Hunter's surety shall be
liable for all expenses incurred. In case of an emergency where delay would cause
serious loss or damage, repairs' may be made without notice to Hunter and Hunter or
Hunter's surety shall pay the cost.
14. Notices. Ali notices, requests and communications required or permitted under this
contract shall be in writing (except as provided for disputed work in paragraph 7.1, and
shall be sufficiently given and deemed to have been received upon personal delivery
by messenger, overnight courier, electronic mail or telecopier, or, if mailed, upon the
first to occur of actual receipt or two work days after being placed in the United States
mail, postage prepaid, registered or certified mail, with return receipt requested,
addressed to the parties, as follows:
AFN
Attn: Pete Lovrovich, Director
90 North Mountain Avenue
Ashland, Oregon 97520
Phone: (541) 488-5357
Fax: (541) 488-5320
J --
Hunter.~onstruction, lnG. dba Hunter Communications
Attn: ~L~..~. ~'~,v...~',., ~,,~... ~'~..,,~,.~ [ ~..~ ~
Central Point, Oregon 97~ Z
Phone: (~1) _-J ~ ~z - ~ Z ~Z
F~: (~1) - 7 7z
15....Contra.c.t Amendm .e..nts; No change, amendment or modification of this contract
shall be valid or binding upon the parties hereto, unless such change, amendment or
modification shall be in writing and duly executed by both parties. No verbal agreement
or conversation with any officer, agent, or employee of AFN, either before or after
execution of the contract, shall affect or modify any of the terms or obligations
contained in the contract.
16. Default by' Cont[actor_. AFN may, without prejudice to any other right or remedy
and after giving Hunter and Hunter's surety seven days' written notice, terminate the
employment of Hunter if Hunter should:
a) Be adjudged bankrupt;
b) Make a general assignment for the benefit of Hunter' creditors;
c) Have a receiver appointed on account of Hunter' insolvency;
d)
Upon expiration of a 30 day cure pedod, fail in a materia~ way to supply
enough properly skilled workers, proper materials, or adequate equipment
for the efficient prosecution of the work;
e)
Upon expiration of a 30 day cure period, fail to make payment to
subcontractors or suppliers according to subcontract or purchasing
agreement terms;
f)
g)
Upon expiration of a 30 day cure period, disregard laws, ordinances, or
the instructions of AFN; or,
Upon expiration of a 30 day cure period, be guilty of a material violation of
any provision of the contract.
AFN will take possession of the premises and all materials, tools, and
appliances as well as all other materials on which Hunter has received partial payment.
AFN may finish the work by any method AFN deems expedient.
Hunter shall not be entitled to receive any fiber strands if AFN is required to
complete the link as provided under this section.
Termination of any or all of the contract shall not relieve Hunter of the
responsibilities for the completed work, or relieve Hunter's surety of the obligation for
any just claims arising out of the work performed.
Hunter Construction, Inc.
dba Hunter Communications
City of Ashland, by and through its
Department of Electric Utilities, Ashland
Fiber Network Divisi, .~
Title: _'~ ~¢~'~/(L. ' ~ '~;~,-t, ~.'~:'~
EXHIBIT A
REQUIREMENTS FOR PUBLIC IMPROVEMENTS
1. PREVAILING WAGE REQUIREMENTS. The contractor is required to pay prevailing
wage rates and comply with the provisions of ORS 279.348 through 279.365
(Prevailing Wage Rates).
2. BOLl FEE. In addition, the contractor will be required to pay a fee to the Bureau of
Labor and Industries (BOLl) pursuant to the provisions of ORS 279.352(2). The fee is
one-tenth of one percent of the price of the construction portion of the contract, but not
less than $100 nor more than $5,000, regardless of the contract price.
3. PERFORMANCE BONDS. The contractor will furnish a performance bond in the
amount of $78,000 for this project.
4. CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final certificate of
payment nor any provision in the contract documents shall relieve the contractor of
responsibility for faulty materials or workmanship and, unless otherwise specified, the
contractor shall remedy any defects due thereto and pay for any damage to other work
resulting one year from the date of acceptance of the complete building or installation.
The City shall give notice of observed defects with reasonable promptness.
5. CONTRACTOR'S INSURANCE AND INDEMNITY.
5.1. Contractor shall, at contractor's own expense, at all times during the term of
this agreement,, maintain in force:
5.2. A comprehensive or commercial general liability policy including coverage
for contractual ~iability for obligations assumed under this contract, blanket contractual
liability, products and completed operations, owner'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 $1,000,000.00 per occurrence
(combined single limit for bodily injury and property damage claims) or $1,000,000.00
per occurrence for bodily injury and $100,000.00 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 insured.
Certificates of insurance acceptable to the City shall be filed with City's Risk Manager
prior to the Commencement of any services by contractor under this agreement. These
certificates shall contain provision that coverage afforded under the policies can not be
cancelled 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.
5.3. Workers' Compensation: The contractor, its sub-contractors, if any', and all
tllll~lVl"'l ~,l'%h "/='A'kl ICq, l'"l'q, Cq,~,f,/I li~l/t, I..l~l A ~kl I IklV T/'A /'~IiAII'"C""I'' I~,f'%D /q/'~kl'l"DA f'ql' I'~/~/q
employers providing work, labor, or materials under this contract are subject employers
under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon
law for all their subject works. This shall include Employer's Liability Insurance with
coverage limits of not less than $100,000.00 each accident. Contractors who perform
the work without the assistance or labor of any employee need not obtain su(-~
coverage.
5.4. Pri..marvCoveraQe: Insurance carried by contractor under this con't/act shall
be the primary coverage, and the City's insurance is excess and solely for damages or
losses for which the City is responsible.
5.5. Indemnification: Contractor agrees to defend, indemnify and save City, its
officer, employees and agents harmless from any and all losses, claims, actions, costs,
expenses, judgments, subrogation, or other damages resulting from injury to any
person (including injury resulting in death), or damage (including loss or dest~ruction) to
property, of whatsoever nature arising out of or incident to the performance ol~ this
agreement by contractor (including, but not limited to, contractor's employees, agents,
and other designated by contractor to perform work or services attendant to this
agreement). Contractor shall not be held responsible for damages caused by the
negligence of City. The contractor agrees that contractor will be solely responsible for
any damage or trespass to or upon adjacent property or injury thereto, resulting from or
in connection with contractor's operation, and that contractor will defend, indemnify and
hold the City harmless from any claim, liability or obligation arising from such entry or
trespass.
6. STATUTORY REQUIREMENTS: ORS 279.312, 279.314, 279.316 and 279.320 are
made part of this contract. Contractor must demonstrate that an employee drug testing
program is in place.
7. LABOR. Contractor shall comply fully with the provisions of ORS 279.348 through
279.365. Documents establishing those conditions, as determined by the
Commissioner of the Bureau of Labor and Industries (BOLl), are included in these
contract documents.
7.1. The. contractor is required to pay a fee to BOLl pursuant to the provisions of
ORS 279.352(2). The fee is one-tenth of one percent of the pdce of this contract, but
not less than $100 nor more than $5,000, regardless of the contract price.
7.2. Pursuant to ORS 279.354, contractor and its sub-contractors shall submit
complete weekly payrolls for the week immediately preceding each submission as
follows:
7.2.1. For projects of less than 90 days: Once before the first payment is
made to the contractor by the public agency; and Once before the final payme, nt
(covering the last full week of work on the project) is made to the contractor by the
public agency.
7..2.2. For projects exceeding 90 days: Once before the first payment is
made to the contractor by the public agency; At 90 day intervals thereafter; a_[r~ once
before the final payment (covering the last full week of work on the project) is made to
the contractor by the public agency.
7.2.3. General: Payroll and Certified Statement forms are available at any
BOLl office. The forms must be submitted to: (1) the City of Ashland; and (2) BOLI's
Wage and Hour Division. Payroll and certified statement records must be kept by the
contractor for three years from the date of Final Completion of the contract.
8. MATERIALS AND WORKMANSHIP. The contractor will furnish all labor and tools,
equipment, transportation, and necessary supplies, such as may be reasonably
required to execute the contract in a satisfactory and workerlike manner and in
accordance with the plans developed by the contractor and approved by AFN,,
specifications and terms of the contract.
All workmanship shall be of the highest quality in every particular.
9. PROTECTION OF PERSONS AND PROPERTY. The contractor shall erecl! and
maintain good and sufficient guards, barricades and signals at all unsafe places.at or
near the work. The City of Ashland assumes no responsibility or liability to direct the
contractor in the manner of placement or type of barricade or guard to be utilized.
9.1. Protection of Work. Contractor shall protect and maintain the work during
construction and until final acceptance. This maintenance shall constitute continuous
and effective work prosecuted day by day, with adequate equipment and forces so the
work is kept in satisfactory condition at all times.
9.2. Correction by. City. If contractor fails to protect or maintain the work, Citywill
immediately notify contractor, if contractor fails to correct the deficiency within five work
days after receipt of such notice, City may correct the deficiency in which event the cost
of this maintenance shall be borne by contractor and may charge Contractor for City's
costs.
9.3, Use of Power and_ Water. Hunter shall furnish temporary power and water
complete with connecting piping, wiring, lamps, and equipment necessary for the work.
Hunter shall obtain all authorizations and permits and bear all costs in connection with
temporary services and facilities. Hunter shall remove temporary facilities upon
completion of the work. Hunter may use available power and/or water in existing AFN
facilities for use of small tools and equipment necessary for the completion of 'the work.
10. INSPECTION. Inspections of the work will be made on a regular basis by
representatives of the City, who shall have access to the work at all times. No utility
installation shalJr be backfilled without approval of the project inspector. Any work found
to be improperly done shall be removed and replaced at the contractor's expense.
11. SUPERINTENDENCE. The contractor shall keep on this work during its progress, a
competent superintendent, who shall represent the contractor in the contractor's
absence.
12. PERSONAL UABILITY OF PUBLIC OFFICIALS. In carrying out the provisions of
the contract documents, or in exercising any power or authority granted to th(;
contractor by the contract, the contractor agrees there will be no liability upon the
officials, officers, or employees of the City of Ashland, either personally or as officials of
the City of Ashland; it being always understood that in such matters they act as the
agents and representatives of the City.
13. BUSINESS LICENSE REQUIRED. The successful bidder shall, prior to starting
work, obtain a City of Ashland Business License. Sub-contractors on the project shall
also be required to have a current business license. Licenses may be acquired through
the City of Ashland Utility Office during regular business hours.
14. SUBLETTING OR ASSIGNMENT OF CONTRACT. For a period of one year, the
contractor agrees not to assign, transfer, convey or otherwise dispose of the contract or
any right, title, or interest either in whole or in part, or the contractor's power to execute
such contract to any other person, firm, or corporation, or to subcontract any part of the
work without the previous consent in writing of AFN. · ·
It is understood and agreed that if any part of the work to be done under the contract is
subcontracted, the subcontracting shall be done in accordance with, and the contractor
shall be bound by, the following provisions:
14.1. All subcontracts shall be in writing and shall provide that' all work to be
performed shall' be conducted and performed in accordance with the terms of the prime
contract. Upon request, certified copies of any or all subcontracts shall be furnished to
AFN's representative.
14.2. In case the work being done or to be done under any subcontract is not
conducted in a manner satisfactory to AFN's representative, contractor shall upon
written notice to this effect cause such subcontract to be terminated, and the ,,sub-
contractor and the sub-contractor's employees to be removed from the work. Any loss
or damage that may be suffered on account of such action shall be borne by the
contractor.
14.3. The contractor agrees that the contractor is as fully responsible to AFN for
the acts and omissions of sub-contractors and of persons either directly or indirectly
employed by them as contractor is for the acts and omissions of the contracto~r's own
employees. Nothing contained in the contract documents shall create any contractual
relation between any sub-contractor and AFN.
15. CLAIMS FOR EXTRA COMPENSATION. In any case where the contractor deems
extra compensation is due for work or materials not allowed by AFN's represe~rttative,
the contractor shall in writing notify AFN's representative of the contractor's intention to
make claim for such compensation before the contractor begins the work on which the
contractor bases the claim. If such notification is not given or AFN's representative is
not afforded proper facilities by the contractor for keeping strict account of ~.~ctual cost,
then the contractor agrees to waive the claim fore extra compensation. Such notice by
the contractor and the fact that AFN's representative has kept account of the cost, shall
not in any way be construed as proving the validity of the claim.
Notwithstanding any other notices that are required, in the event conllractor
discovers any subsurface, latent or other conditions at the site differing materially from
those indicated in the contract documents, the contractor shall immediately notify AFN's
representative and not disturb them until AFN's representative has review such
conditions.
16. FINAL INSPECTION. Unless otherwise required, AFN's representative shall make
final inspection of the work included in the contract within 15 days after written
notification by the contractor that the work is completed. If the work is not approved by
AFN's representative after inspection, AFN's representative shall advise the contractor
as to the particular defects to be remedied before final approval and recommendation
for acceptance can be made to the City. ~
17. AFN'S REPRESENTATIVE. As used in these requirements, AFN's representative
is the person appointed by the City to represent the City in matters arising u~nder this
contract.
18. RELEASE OF LIENS. As a condition of final payment, the contractor shall submit to
AFN's representative a notarized Release of Liens and Claims Form, which .states that
all sub-contractors and suppliers have been paid in full, all disputes with property
owners have been resolved, ali obligations on the project have been satisfied, all
monetary claims and indebtedness have been paid, and that to the best of the
contractor's knowledge, there are no claims of any kind outstanding against the project.
The contractor shall indemnify and hold harmless the City from all claims for labor and
materials furnished under this contract. The contractor shall furnish complete and valid
releases or waivers, satisfactory to the City, of all liens arising out of or filed in
connection with the work.
19, PRE-CONSTRUCTION CONFERENCE. Prior to receiving a written notice3 to
proceed with construction, the contractor shall attend a pre-construction con~l'erence to
be held at the job site. The conference shall be attended by the contractor, sub-
contractor, and AFN's representative and other interested parties.
20. PRIOR NOTICE. The contractor shall notify the City 24 hours prior to unclertaking
any work outside normal working hours.
21. WORKING HOURS. Normal working hours for City staff are 7:00 a.m. to 4:30 p.m.
Monday through Friday excluding holidays.
22 MAINTENANCE OF EXISTING STREETS. The contractor shall clean anti maintain
existing streets if dirtied or damaged without added payment.
23. PERMITS. Contractor shall obtain and pay for ali necessary permits and licenses,
for the construction of the project, for temporary obstructions, enclosures, opening of
streets for pipes, walls, utilities, environmental, etc, as required for the project.
contractor shall be responsible for all violations of the law, in connection with the
construction or caused by obstructing streets, sidewalks or otherwise. Contractor shall
give all requisite notices to public authorities. The contractor shall pay all royalties and
license fees and shall defend all suits or claims for infringement of any patent right and
save the City harmless and blameless from loss on account of such claims:
24. COMPUANCE WITH ALL GOVERNMENT REGULATIONS. Contractor shall
comply with all federal, state and local laws, codes, regulations and ordinances
applicable to the work. Failure to comply with such requirements shall constitute a
breach of contract and shall be grounds for contract termination. Damages or' costs
resulting from noncompliance shall be the responsibility of contractor.
24.1. Contractor shall comply with all applicable requirements of federal and
state ciVil rights and rehabilitation statutes, rules and regulations; and
24.2. Contractor shall not discriminate against disadvantaged minority, women
or emerging small business enterprises in the awarding of subcontracts, ORS', 279.111.
24.3. Contractor shall maintain, in current and valid form, all licenses a~nd
certificates required by law, regulation, or this contract when performing the work.
24.4. Contractor shall certify that it shall not accept a bid or proposal from sub-
contractors to perform work as described in ORS 701.005 under this contract unless
such sub-contractors are registered with the Construction Contractors Board in
accordance with ORS 701.035 to 701.055 at the time they submit their bids or
proposals to the. contractor.
25. LAWS TO BE OBSERVED, In compliance with ORS 279.318 the following is a fist
of federal, state and local agencies of which the City has knowledge that haw~ enacted
ordinances or regulations relating to environmental pollution and the preservstion of
natural resources that may affect the performance of the contract:
FEDERAL AGENCIES:
Agriculture, Department of
Forest Service
Soil Conservation Service
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory
Commission
Environmental Protection Agency
Health and Human Services,
Department of Housing and
Urban Development,
%%l~,lVS"'$ %I'~.A"I"'AII l~ql~E~(q~L,fl IIIAUIAEt. I I IlklV 'l't'~ /qit,qlt'"'~Oq''' 13f"~.l~l ~'qf"~lkrtWl:::~A~'"¥"l' I'~,.f'~f'q
Interior, Department of
Bureau of Land Management
Bureau of Reclamation
Geological Survey
U.S. Fish and Wildlife Service
Labor, Department of
Occupation Safety and Health
Administration
Water Resources Council
.STATE AGENCIES:
Agriculture, Department of
Soil and Water Conservation
Commission
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
State Lands, Division of
Water Resources Department
LOCAL AGENCIES
City Councils .~
County .Commissioner, Board of
26. PREVENTION OF ENVIRONMENTAL POLLUTION. It is mutually understood and
agreed that the Department of Environmental Quality of the State of Oregon has
enacted ordinances and regulations dealing with the prevention of environmental
pollution and preservation of natural resources which ordinances and regulations affect
the performance of the contract. The contractor shall comply with all such apl:)licable
ordinances or regulations in the performance of this contract.
Unless disposition of environmental pollution is specifically a part of this contract,
contractor shall immediately notify City of any hazardous substances which contractor
discovers or encounters during performance of the work required by this contract
"Hazardous substances" are those substances, materials or wastes regulated in 40
CFR, Part 261 and defined as hazardous in 40 CFR S 261.3. In addition to notifying
City of any hazardous substances discovered or encountered, contractor shall
immediately cease working in any particular area of the project where a hazardous
substance has been discovered or encountered if continued work in such area would
present a bona fide risk or danger to the health or well being of contractor's or' any sub-
contractor's work force.
26.1. Spill Responsibility Contractor will be held responsible for any and all
releases of environmental pollution during performance of the contract which occur as
a result of, or are contributed by, actions of its agent, personnel, or sub-contractors.
7 ~v~"~;l'~{' A Itl~lVE'l I,l'qlA'PAll IE',~'~,~E"tVI IAIIAI. I%AEI~I I II, IV 'f"fA f'~tAIEO'l' B/'~D f'q/q~h,l'l'l'q'Af'q''1''
contractor agrees to promptly dispose of such spills or leaks to satisfaction of the City
and proper regulatory agencies in a manner that complies with applicable federal,
state, and local laws and regulations. Cleanup shall be at no cost to the City.
Contractor shall report all reportable quantity releases to applicable federal, state, and
local regulatory and emergency response agencies. Reportable quantities are found in
40 CFR, Part 302, Table 302.4 for hazardous substances and in OAR 340-1~08 for
petroleum products. Upon discovery, regardless of quantity, contractor must
telephonically report all releases to the City. A written follow-up report shall be
submitted to City within 48 hours of the telephonic report. Such written reportl shall
contain, as a minimum:
26.1.1. Description of items released (identity, quantity, manifest no., and
all other documentation required by law.)
26.1.2. Whether amount of items released is EPNDEQ reportable, and, if
so, when it was reported.
26.1.3. Exact time and location of release, including a description of the
area involved.
26.1.4. Containment procedures initiated.
26.1.5. Summary of communications about the release contractor has had
with members of the press or State officials.
26.1.6. Description of cleanup procedures employed or to be ernployed at
the site, including disposal location of spill residue.
26,1.7. Personnel injuries, if any, resulting from, or aggravated by, the
release.
27. LOCATION OF EXISTING UTILITIES. The contractor shall exercise all possible
caution to prevent damage to existing structures and utilities whether above ground or
under ground. The contractor shall notify all utility offices concerned at least 48 hours
in advance of construction operations in which a utility's facilities may be involved. This
shall include but not be limited to water, gas, telephone, electric and televisior~ service.
27.1. It shall be the responsibility of the contractor to secure field locations for all
existing underground utilities in the project area. The contractor shall maintain these
locations for the duration of the project. The contractor shall bear all costs to repair
damage to utilities directly resulting from the contractor's actions.
28. BARRICADES AND SIGNS. The contractor shall provide, erect and maintein all
necessary barricades, signs, danger signals and lights for the protection of the public.
~1 i~vhihlt ^
29. FINAL CLEAN-UP. Upon completion of the work and before acceptance and final
payment shall be made, the contractor shall clean up and remove from the right-of-
ways, easements, and adjacent properties all surplus and discarded materials, rubbish,
temporary structures and debris of all kinds. The contractor shall tear down and remove
all buildings and other construction structures erected by or for the contractor' or by or
for sub-contractors or employees, whether the same be on the street or on privately
owned property and whether the title to the buildings or structures does or does not rest
with the contractor. The contractor shall restore in an acceptable manner ali property,
both public and private, which has been damaged during the prosecution of the work,
and shall leave the street and adjacent easement in a neat and orderly condition
throughout its entire length.
30. REPLACEMENT OF DAMAGED PAVEMENT. Any pavement or roadway surfacing
which is distributed or damaged as a result of operations of the contractor shall be
repaired or replaced by the contractor at the contractor's own expense with material
equivalent to the existing pavement and to the satisfaction of the Engineer.
31. NOISE CONTROLS. The contractor shall at all times eliminate noise to tl~e
maximum practicable extent. Air compressing plants shall be equipped with sil!encers,
and the exhaust of all gasoline motors or other power equipment shall be provided with
mufflers. Special care shall be used to avoid noise or the nuisances, and the contractor
shall strictly observe all federal, state, and local regulations concerning noise.
32. WORKING HOURS. Except in the event of an emergency, no work shall be-done
between the hours of 6:00 p.m. and 7:00 a.m., or on weekends. If the proper and
efficient prosecution of the work requires operations during other hours, the w'itten
permission of AFN's representative shall be obtained before starting such items of the
33. PROTECTION OF WORKERS. The contractor shall comply with the current safety
standards of applicable building and construction laws and codes, including the
"Manual of Accident Prevention in Construction" published by the Associated General
Contractors of America, and the United States Department of Labor (Occupational
Safety and Health Administration) Safety and Health Regulations for Construclion, 29
CFR 1910, as revised November, 1978, and the Oregon Occupational Safety and
Health Code, OAR Ch. 437, Div. 3 Construction. The contractor shall be solely and
completely responsible for all persons and property during performance of work. These
requirements shall apply continuously and shall not be limited to normal working hours.
The contractor shall maintain at a well-known place at the job site all articles necessary
for giving first aid to the injured and, before employees shall be permitted to work at the
job site, the contractor shall make standing arrangements for the immediate rernoval to
a hospital or to a doctor's care of persons, including employees who may be injured on
the job site.
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND., OR 97520
(541) 488-5300
CITY RECORDER'S COPY
DATE
7/29/2004
Page 1 / 1
i......! ··Po·NUMBER··: .: '..
05288
VENDOR: 000082
HUNTER CONSTRUCTION INC
801 ENTERPRISE DR STE 101
CENTRAL POIN'T, OR 97502
SHIP TO: Ashland Fiber Network
(541 ) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Payable on receipt
Req. Del. Date: 7/1/2004
Special Inst:
Req. No.:
Dept.: ELECTRIC
Contact: D Wanderscheid / R Holbo
Confirming? No
BLANKET PURCHASE ORDER
':':: '~.. '"'"':':'"":'.:'..'..' ..::."~.".:.~:.:;'::i i;:': Mat~rials and~qUip~nt at ~o:",!~ain::...'....". :.:.~.........: .:.. · '. ' ....
· . .: .......
"': ':'.""'.": ''. ': : : .::i. i: '' "'".'' '.".:..:" :.' :"2'1,500.00:
splice locations" - payment obligation
- $21,500.00 (one time payment) - see
I
contract a~mendment for details I
12.00 Mo Monthly cost for access to rack space 30.00 360.00!
to cover electricity and rack rent in
the amount of $30.00 per month.
Dated 07/:28/2004
Amending contract "AFN Link to Qwest
POP Contract" dated September 5, 2000
...:...... :.:... ...... ...¥: :...........:.......::,....:.:..:..:...........:... :.....:.....,... , :....... . .f. . . . .. , . . . .... ; .... . .. . . .:. : ... . . .. :.: .:'.' ... · . ...
.' ...:i":.' ~.".~' '.'..' ~'~': ,: :..' .'::'i':':i'i?': i~'' .':':'"'.'i .~en.ds~.ltem.s:'~O.~an:d.:D::u.nde[: ....1 ..Scope~o..... '. :...' '...: · ........' ...'..'... ....... ' ..
Work"
,
SUBTOTAL 21,860.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 21,860.00
ASHLAND, OR 97520
Account Number Amount Account Number Amount .
E 691.11.45.00.606!;)00 21,860.00
VFNI')C)R P. C) PY
REQUISITION FORM
THIS REQUEST IS A-'
F-] Change Order(existing PO #__
CITY OF
LAN D
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Services Only
Description Total Cost Solicitation Process:
,~E~xempt I--I 3 Written Quotes
(copies attached)
[] Sole Source E~ Invitation to Bid
(copies on file)
E:] Less than I'-q Request for
$5000 Proposal (copies on file)
Account Number -
*Please attach the Original signed contract and Insurance certificate.
Materials Only
Item # Quantity Unit Description Unit Cost Total Cost
Account Number
*P/ease attach the quotes.
Employee Signature: SupervisoflDept. Head Signature:
NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Process require~nts and can be provided
when necessary.
G:Finance\Procedure~,P\Forms\8_Requisition form.doc Updated on:07/15/02