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Home My WebLink About2005-194 Agrmt - Hunter Communications Sep-~3-05 01:35P HunterCommunications 15417724805 P.02 -4~o U N T E R m m u n c a t I 0 n 5 PROPOSAL I AGREEMENT - Proi. No. AFN FIBER RUN- CONTRACTOR CCH!Y This proposa1 is made this 12th day of August, 2005 by Hunter Construction, Inc. an Oregon Corporation, d/b/a Hunter Communications hereafter known as "Contractor" and City of Ashland, Ashland Fiber Network, hereafter known as "Customer".] This proposal is being generated to ensure that both parties understand the terms and conditions rE~uired by Contractor prior to any crew or equipment scheduling for this project. If any of the items listed bE~low are deemed unacceptable by Customer, they should be identified in writing, negotiated with Contractor and included in the final draft of this proposal. Both parties understand that this document will not be considered binding until the Customer has signed and dated this document. This proposal is based on installation locations, specifications, blUle prints and drawings provided by the Customer and a site visit to the job site. CONSTRUCTION SITE All such work shall be performed on the Ashland Fiber Network, within Ashland, Oregon 97520. SCOPE OF WORK This pro~1 is based on non-prevailing wage rates. If prevailing wage rates are required for the I,abor performed on this project, a 35Q/o increase of the total labor required will be applied. This amount will be requested in writing by submittal of a change order by Contractor after request for compliance by Customer. It is the Customers responsibility to notify Conb'actor of all SOU and Davis Bacon Act requirements. Contractor will install a new singlemode fiber between two points on the Ashland Fiber Network. This will be a straight splice configuration and Contractor will also provide all splicing hardware including enclosures on each end. The distance between the two points has been approximated at 1300 feet. Contractor will install fiber into empty existing conduit that Customer is providing. NOTE: Contractor will not be held liable or responsible for repairs or replacement of any damage to un-located utilities during or after construction. Contractor shall, after notice from Customer, commence work. At such time, Contractor may designate and continue diligently in the performance of such work. Contractor shall employ sufficient crew, work sufficient hours and/or shifts so as to complete the requirements within the time frames noted on this contract. Estimated start date: (5) five days or sooner, after notice to proceed has been given by Customer, materials have been received and all requirements of this proposal have been satisfied. Contractor will not be held responsible or penalized for any delays due to the activities of others. Contractor shaH not be held liable for acts of God, act of war or any adverse weather conditions resulting in the delays in production or destruction of real or personal property. COMPENSATION Customer agrees to the following compensation terms of this agreement: . "~ '/ - €" I' ~ CJ s- _ ",.- _)' CJ~' ,o~",- rc:--{c' ~~. / 1t----J/'YtJ 1. Total Cost of Project = $ 3,910.40. A../~-~_~ ~. C/ 2. A materials deposit of $ 1,500.00 will be required on this project prief-tG-cOOlmeAocmcRt. . 3. A final payment of $ 2,410.40 will be due within IS der5 after submittal of final invoice. ~ Q ,# ~ ~~ 6. Payments not received within the tenns of this agreement will be charged at 1.!iDfo per month (180/0 A.P.R.) GROUNDiNG AND BONDING Customer will provide proper grounding in all required facilities to be serviced. Contractor will bond all hardware to Customer and provide ground locations in accordance with NEC specifications. , 7 Contrac:tDr InitM18 ~,K.- Page 1 o.te 9/,~r D.te r/~/o;-~ Customer Initi... ;i.:'--.r ;"- Sep-~3-05 01:35P HunterCommunications 15417724805 P.03 -+~o U N T E R m m u n cations PERMITS Customer shall provide aU local permits for work to be performed, as required by law. After notifici:ltion from Customer with notice to proceed, Contractor wilt begin the installation process. CHANGES TO AGREEMENT AND HOURLY RATECS} Any changes to the physical installation lengths, delays caused by adverse soil/rock conditions and/c)r material requirements made after notice to proceed will require a written change notices and be considered clue upon completion. Each occurrence will be reviewed on an individual basis, (unless otherwise agreed upon by Contractor and Customer) and any additional costs incurred will be the responsibility of Customer, All required changes will b~ described as 'additional work' and be billed accordingly only after written approval has been reviewed and signed by both parties describing material, labor and compensation requirements For the purpose of change(s) to the contract, the foHowing rates are to be used. Unless otherwise iagreed in writing, standard hourly labor rate per employee will be billed at $85.00 per hour. This hourly rate does not: provide for any materials. (*Adverse soli/rock conditions: Contractor will not be held responsible for the removal of any material or obstructions such as lava rock, large boulders, sandstone, concrete sllabs/sidewalks or any other materials not normally removed by hand trenching or by backhoe-bucltet attachments.) DAMAGES OR COSTS and RIGHT TO LEIN Contractor shall reimburse Customer for any damages or costs incurred by reason of Contractolr's failure to perform the work competently and/or diligently. Contractor will not be held responsible for any delays or c~dditional costs during construction due to adverse soil conditions. Contractor will contact locating agencies for the locating of existing underground utilities. Customer is responsible for the locating of all Customer owned facilities and their repair if not located and damaged by Contractor. Contractor will assist in the repair of these facilities at its hourly rate. All additional costs for placement of conduits will be the responsibility of the Customer. Contractor shall exercise its right to submit preliminary lien notices as recommended by the Contracting Board of Oregon. CLEAN UP I JOB SITE Upon completion of work and final completion of the contract requirements, Contractor will remove all excess materials (with the exceptions of adverse soil/rock conditions), tools, structures, and the like, that may have been brought on the work site or rented by the Contractor. If Contractor fails to do so, Customer shall notify Contractor of unsatisfactory conditions and clean up the premise at the sole expense of the Contractor. UCENSES I BONDS I INSURANCE Contractor hereby warrants that it is licensed with the State of Oregon as a Contractor and holds a current bond of insurance as required by the State of Oregon. Contractor will provide a current copy of Liability alnd Workers Compensation Insurance Certificate of Insurance' upon request of Customer. The Contractor shall not cover any workers, subcontractor's guest or employee(s) of Customer under the Workman's Compensation PoliCy, Liability insurance or any other form of insurance. This includes any other fOlrm of insurance. This includes any support personal provided by the Customer for any reason. INDEMNJFlCAnON Cuetomer Inili." ?l.'- b8').., o.b! 7/S-/ar Date ?~/~ Page 2 ConthctDr Initials Sep-13-0S 01:36P HunterCommun;cat;ons 15417724805 P.04 -+~o U N T E R m m u n cations Customer shall indemnify Conb'actor against all ctaims based upon any act of omission or commission of the Customer, including, but not limited to claims for breach of warranty of contract; damage to propelty; personal injury or death; and the like, caused by negligence by the Customer. ' MATERIALS A list of materials provided by Contractor will be provided at the request of Customer. WARRANTIES AND GUARANTIES Contractor warrants and guarantees the labor covered by this agreement for the period of one (I) year upon completion, and agrees to make good, at its own expense, any defects of labor or installations therE~in. Contractor shall provide all materials for this project and assure that all materials provided will be Df standard quality and have met all required building codes and standards. All materials are covered by a manufacturE~rs warranty and such warranty shall apply to all materials. ALCOHOL I DRUGS Contractor shall not permit or suffer the consumption of alcohol or elicjt drugs by any person engalged, directly or indirectly, in the performance of Contractor's work. If drugs or alcohol are discovered to be prese:nt, Contractor will, at their discretion, provide information relating to disciplinary actions. SAFETY J 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 I MODIFICATION This agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not ,be binding upon either party not incorporated. No extra work, changes, or subcontractor contract, under this proposal agreement, will be recognized or paid unless agreed to in writing before the work is to be done or the changes are made. Any other modifications of this agreement or additional obligations assumed by either party in connection herewith should all parties only if evidenced in writing, sign binding. Any modification shall be added as an Exhibjt and included as part and partial to this agreement. This proposal is valid for a pericxl of thirty days from today's date of August 12th, 2005. In witness whereof, the Parties have executed this proposall agreement on the date as noted. HUNTER CONSTRUcnON, INC. d/b/a Hunter Communications Approved for City of Ashland, Ashland Fiber Network Signed ~ L ~ Printed Name Richard W. Ryan, President 9 /S- /.zotP S- Signed by Printed Name ~ c:! ~ ~La-- Ue. Tt.{HLt!,.~' Dated Dated 1J),Q- pege 3 Contractor Initt.a. ~ L. Dete 1 - 5-~ .s c...tomer Initial. Date ACORD... CERTIFICATE OF LIABILITY INSURANCE OP ID D1 DATE (MMJDDIYYYY) HUNT02C 06/21/05 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 PO Box 936 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97501 Phone: 541-245-1111 Fax:541-245-1112 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A: Hartford Casualty Ins CO INSURER B: American States Insurance Co Hunter Communications, Inc. INSURER C: 801 Ente~rise Dr. 8te. 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 INOICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 NSRt TYPE OF INSURANCE POLICY NUMBER PD~~~ hiMiDD'~t: t'gk!feY(ij~ri,~~~N LIMITS GENERAL LIABILITY EACH OCCURRENCI: $ 1,000,000 r--- 06/20/05 06/20/06 ~~~'=- ~ (E" tu::N I t:LJ A X X COMMERCIAL GENERAL LIABILITY 528BATL6304 PREMISES Ea occurence) $ 300,000 I ClAIMS MADE ~ OCCUR MED EXP (Anyone P.lnon) $ 10,000 PERSONAL & ADV If-UURY $1,000,000 - GENERAL AGGREGATE $2,000,000 - $2,000,000 GEN'L AGGREGATE LIMIT APPlIES PER: PRODUCTS-COM~OPAGG ~ POLICY n ~g: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 - . B X ANY AUTO 01CG358552-3 06/20/05 06/20/06 (Ea accident) - X ALL OWNED AUTOS BODILY INJURY - (Per person) $ X SCHEDULED AUTOS r-- X HIRED AUTOS BODILY INJURY r-- (Per accident) $ ~ NON-OWNED AUTOS - PROPERTY DAMAGI: $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANi AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCIE $ ~ OCCUR D ClAIMS MADE AGGREGATE $ $ R oeoocrou $ RETENTION $ $ WORKERS COMPENSATION AND 1r8~l ~I~WS I IU~~ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ g~~c~~~J:~cfNS below E.L. DISEASE - POll r;y LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Re: Operations of the Named Insured / The City of Ashland is Additional Insured when required by written contract or agreement per Policy Form #880008 (04/01) COpy CERTIFICATE HOLDER Ci ty of Ashland 90 N Mountain Ave. Ashland OR 97520 CANCELLATION CITA802 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR '"0 MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEIFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPOfll THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) @ ACORD CORPORATION 1988 L.lC')~J. vv...tJv....""''''~'-'.1..1. U/'o.J/L..VVv U.'"J:U rnUL .!.f.!. \.J M 1. i' V V ~ 11 v ~ a. l. .!. IJ 11 &IEIFCa1PORATION 400 High St SE Salem, OR 97312-1000 Toll Free 1-800-285-8525 OREGON WORKERS1 COMPENSA1'ION CERTIFICATE OF INSURANCE: CERlIFICA TE HOLDER: CI1Y OF ASHLAND ATTN: CARl ANN OLSEN 20 E MAIN ST ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. [POLICY NO. POLICY PERIOD 973956 04/01/2005 TO 04/01/2006 INSURED: BROKER OF RECORD: HUNTER COMMUNICATIONS INC ASHLAND INS (ASHLAND) 801 ENTERPRISE DR STE 101 PO BOX 880 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 ISSUE DATE 08/09/2005 LIMns OF LIABIUTY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPlION OF OPERA lIONS/ LOCA lIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights tCI the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE ~N.,,.,'~, '. ~r -q r~' CITY RECORDER'S COpy CITY OF AS H LAN-L>--~.~ I. DATE 1 E 20 E MAIN ST. . 9/1/2005 . ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 PO NUMBER 06258 VENDOR: 000082 HUNTER COMMUNICATIONS, INC. 801 ENTERPRISE DR STE 101 CENTRAL POINT, 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: Speciallnst: Req. No.: Dept.: IT Contact: Richard Holbo Confirming? No Description Unit Price Ext.Price AFN Fiber Run Nevada Street Contractor to pull and splice fiber, ap ro,~imatel ~ 300 feet into existinQ c lii 'of materials .'snallbe provided by contractor as stated in contract. Total cost of project: $3,910040 Materials $1590.00 Labor $2,410040 Terms aQreed to: Net 30 Days BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 3910040 0.00 0.00 3,910040 >'.AccOul1tNumbeF i< ,..,} Project Number ",..I<,} Amount ACcolmtNumber Project .Number . Amount .... .... .. E 691 .02A5.00.60240C 3,91 0040 ~9K- .eA .~ ~%;- Authori d Signature" VENDOR COpy C~ITY OF ASHLAND REQUISITION FORM Date of Req uest: I t~) 5l~ p THIS REQUEST IS A: D Change Order( existing PO # Required Date of Delivery/Service: H c 1'.. ~)-'i €.. K:. (1''', r,J)""\ ~ 0 I '1 {o.... j Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement o Sole Source 0 Invitation to Bid o Less than $5,000 o Written findings attached (Copies on file) o Quotes (Not required) Cooperative Procurement 0 Reauest for Proposal o State of ORlWA contract (Copies on file) Intermediate Procurement o Other government agency contract 0 Special I Exempt o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached (Copies attached) 0 Emeraency 0 Contract # 0 Written findings attached Description of SERVICES t9 U L-L. A \}-J.0 ~ p L-I (.-4/ ~ F J 6...e z. CI JJ }v) e J ~} U fl. )'7'... Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit Pric4! Total Cost Project Number ______ - ___ o Per attached QUOTE Account Number6jL -Oz- !l2~1J1.2-6.()Zg.riJ * Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. '- ;: / / Employee Signature:i! /'l l L/~ Supervisor/Dept. Head Signature: ~~, ~ - ~?;;J -- G: Finance\Procedure\AP\Forms\8_Requisition form revised,doc Updated on: 7/13/2005