HomeMy WebLinkAbout2006-093 Agrmt - Hunter Communications
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communications
Fiber Installation - Ashland Fiber Network
Talent Police Department
PROPOSAL I AGREEMENT - Project QUO-OljL03-436ZR
1. SERViCES....... ... ... ......... ...................................................... ....................................................................................... .......3
2. CONSTRUCTION SITE. ............................................................................................................. ..........................................3
3. SCOPE OF WORK. .......................................................................................................................... ...................................3
4. PAYMENT TERMS AND CONDITIONS. ............... ...... .......... ......... ................................................................................ ..... 3
5. GROUNDING AND BONDING........................................................................................... ........... .."'................................... 3
6. PERMITS........................................................... ........ .................. ....... ........ ..... ................................"... ...... .......................... 3
7. CHANGES TO AGREEMENT AND HOURLY RATE(S). ..................................................................."...................................3
8. DAMAGES OR COSTS AND RIGHT TO LEIN......................................................................................................................3
9. CLEAN UP , JOB SITE ........... ................................................................................................................................... .........3
10. LICENSES' BONDS 'INSURANCE. ................................................ ...... .............. .......................... ...... .............................. 4
11. INDEMNIFiCATION.............................................................................. ............................................... ...............................4
12. MATERIALS. . ........... ............. ..... .......................................................................................... ......................... .... ................4
13. WARRANTIES AND GUARANTIES. .................................................................................. ...... .........................................4
14. ALCOHOL' DRUGS.................................................. ...... ........ ........... ................ ..................................... ..........................4
15. SAFETY' SECURITy................................. ........ ....... ........... ................ .... ...... ............................... ................. ..... ......... .....4
16. ENTIRE AGREEMENT , MODIFICATION. ................................................... .......................................... .............................4
Page 1 of 4
Hunter Initials
Date
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com m u n
cations
Customer Name:
Richard Holbo I City of Ashland I Ashland Fiber Network
Billing Contact:
Veronica Vlatch
Billing Address:
20 E. Main Street
Ashland. OR 97520
City, State ZIP
Email Address:
Required as invoices are emailed.
Primary Company Address:
604 Talent Ave.
Talent. Oregon
City, State ZIP
Job Site Address (if different): 288 S. Pacific Hwy
Talent. Oregon
City, State ZIP
Additional Jobsite Address (if necessary):
City, State ZIP
Additional Jobsite Address (if necessary):
City, State ZIP
Additional Jobsite Address (if necessary):
City, State ZIP
Page 2 of4
Hunter Initials
Date
1. Services. This proposal is made this 19th day of June, 2006 by
Hunter Communications Inc. hereafter known as "Contractor" and
The 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 required by Contractor prior
to any crew or equipment scheduling for this project. If any of the
items listed below 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, blue prints and
drawings provided by the Customer and a site visit to the job site.
2. Construction Site. All such work shall be performed between
the Customer's existing location at 604 Talent Ave, Talent, OR
and into the Hunter Communications Fiber Network for service to
the 288 Hwy. 99 South, Talent, Oregon.
3. Scope Of Work.
. Contractor to extend fiber optic plant on PacifiCorp
infrastructure, via joint use contacts obtained by AFN, from
splice point in front of Talent PO on existing Talent Ave run, to
288 Hwy 99 South, Talent, Oregon.
. Contractor to provide 12F single mode fiber optic cable. One
pair will be terminated inside an 18x18x4 wall mount box at
the customer location. The fiber pair will be spliced in such a
manner that it will terminate at the fiber patch panel located at
the Nevada street substation.
. Customer to provide all equipment required for media
conversion.
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 shall 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.
4. Payment Terms and Conditions. Customer agrees to the
following compensation terms of this agreement:
This proposal is based on non-prevailing wage rates. If prevailing
wage rates are required for the labor performed on this or any
project covered by this contract, a 35% increase for all labor
charges will be required. 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 Contractor of all BOll and Davis Bacon Act requirements,
including Labor Rates.
Page 3 of 4
Customer agrees to the following compensation terms of this
agreement:
1. Total Cost of Project = $ 4,150.00.
2. A materials-deposit of $ 1,000:00 will be required on this
projectpriorto--commencement.
3. A final payment of $ 3,150.00 will be due within .10 days
after submittal of final invoice. , ..
4. Payments not received within the terms of this" A(f;
agreement will be charged at 1.5% p.~r month (18% fJ -
A.P.R.)
5. Grounding and Bonding. Customer will provide proper
grounding bond in all required facilities to be serviced.
6. Permits. Customer shall be responsible for all local permits for
work to be performed, as required by law. After notifICation from
Customer with notice to proceed, Contractor will begin the
installation process.
7. Changes to Agreement and Hourly Rate(S). Any changes to
the physical installation lengths, delays caused by adverse
soil/rock conditions and/or material requirements made after notice
to proceed will require a written change notices and be considered
due 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 be 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 requiremE!nts
For the purpose of change(s) to the contrac'l, the following rates
are to be used. Unless otherwise agreed 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
soil/rock conditions: Contractor will not be held responsible for the
removal of any material or obstructions such as lava rock, large
boulders, sandstone, concrete slabs/sidewalks or any other
materials not normally removed by hand trenching or by backhoe-
bucket attachments.)
8. Damages or Costs and Right to Lien. Contractor shall
reimburse Customer for any damages or costs incurred by reason
of Contractor's failure to perform the work competently and/or
diligently. Contractor will not be held responsible for any delays
or additional costs during construction due '10 adverse soil
conditions. Contractor will contact locatinll agencies for the
locating of existing underground utilities. Customer is responsible
for the locating of all Customer owned facillities 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.
9. 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 01 adverse soil/rock
conditions), tools, structures, and the like, fhat 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.
Hunter Initials
Date
10. Licenses / Bonds / 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 and
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 form of insurance. This
includes any support personal provided by the Customer for any
reason.
11. 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; damage to property; personal injury or death;
and the like, caused by negligence by the Customer.
12. Materials. A list of materials provided by Contractor will be
provided at the request of Customer.
13. Warranties and Guaranties. Hunter Digital Services Acceptable
Use Policy for Hunter IP Products and Services. 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 shall provide all materials for this project and assure
that all materials provided will be of standard quality and have met
all required building codes and standards. All materials are
covered by a manufacturers warranty and such warranty shall
apply to all materials.
14. Alcohol/Drugs. Contractor shall not permit or suffer the
consumption of alcohol or elicit drugs by any person engaged,
directly or indirectly, in the performance of Contractor's work. If
drugs or alcohol are discovered to be present, Contractor will, at
their discretion, provide information relating to disciplinary actions.
15. 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.
16. Entire Agreement I Modification. This agreement shall
constitute the entire agreement between the parties, and any prior
Page 4 of 4
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 cOl1tract, 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 Exhibit and included as part and partial to this
agreement.
This proposal is valid for a period of thirty days from today's date of
19th day of June, 2006.
In witness whereof, the Parties have executed this proposal
which there by constitutes an agreement, on the date as noted
below and with the terms and conditions as stated.
Approved for Customer:
The City of Ashland/Ashland Fiber Netw<l,rk
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Signed by ..
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Dated
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Print Name
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Signed by
bC:. /;;<.c. 12t)~C.
Dated
Richard W. Ryan
President
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Hunter Initials
Date
SBIFCORPORATIQ\J
400 High Street SE
Salem, OR 97312-1000
Toll Free 1-800-285-8525
OREGON WORKERS COMP'ENSA liON
CERllFICA lE OF INSURANCE
MAIL TO:
CERTIFICATE HOLDER:
CITY OF ASHLAND
A TTN: CARl ANN OLSEN
20 E MAIN ST
ASHLAND, OR 97520
CITY OF ASHLAND
A TIN: 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 oolicv.
POLICY NO.
973956
INSURED:
HUNTER COMMUNICATIONS INC
801 ENTERPRISE DR STE 101
CENTRAL POINT, OR 97502
POLICY PERIOD ISSUE DATE
04/01/2006 to 04/01/2007 05/31/2006
BROKER OF RECORD:
ASHLAND INS (MEDFORD)
801 O'HARE PARKWAY SUITE 101
MEDFORD, OR 97504
LIMITS OF LIABILITY
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/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 to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies
above.
AUTHORIZED REPRESENT A liVE
~~
AGENT
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP II) D~ DATE (MM/DDIYYYY)
BUm'02C 06/22/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
United Risk Solutions, :Inc. ONLY AND CONFERS NO RIGHTS UPON THI: CERTIFICATE
Fo:rmerly known as KPD Medford HOLDER. THIS CERTIFICATE DOES NOT AMIEND, EXTEND OR
PO Box 936 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97501-0067
Phone: 541-245-1111 Fax:541-245-1112 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: Hartford Casualty :Ins CO
INSURER B: ~ican Stat.. X:a.auraDCe Co
Hunter C~ications, :Inc. INSURER C:
801 BDterpr1se Dr. Ste. 101 INSURER 0:
Central Point OR 97502
INSURER E:
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 NSRI: TYPE OF INSURANCE POLICY NUMBER DATE lMM/DD DATE"MMlDOiVVi' LIMITS
~NERAL LIABILITY EACH OCCURRENGE $1,000,000
A X ~ COMMERCIAL GENERAL LIABILITY 52SBATL6304 06120/06 06/20/07 ~~~~~~=~ce) $ 300,000
e-- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone l)erson) $ 10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
Iil .n PRO- n
X POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE: LIMIT $1,000,000
I--
B ~ ANY AUTO 01CG358552-4 06/20/06 06/20/07 (Ea accident)
~ ALL OWNED AUTOS BODILY INJURY
$
~ SCHEDULED AUTOS (Per person)
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR 0 CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I IUE~
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~&:I~~~v1S?~NS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED 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
ISSOO08 (04/01)
CERTIFICATE HOLDER
Ci ty of Ashland
90 N MOuntain Ave.
Ashland OR 97520
CANCELLATION
C:ITASO 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOII TO MAlL ~ DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I.EFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES,
ACORD 25 (2001/08)
lYE
@ACORD CORPORATION 1988
CiTY ~~. .CORDER'S COpy
Page 1 / 1
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
['U: "~~ '.. .~
:;':"'~/~1/200~ <</ ~
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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: Ashland
Terms: Payable on receipt
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: IT
Contact: Joe Franell, Richard Holbo
Confirming? No
Fiber Drop Install to Infostructure in
Talent
Per attached contracUscope of work
4,150.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
4 150.00
0.00
0.00
4,150.00
~~r 0'0~
horized Signature
VENDOR COpy
Order
REQUISITION FORM
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CITY OF
AS1HLAND
THIS REQUEST IS A:
o Change Order{existing PO #
Date of Request: l6Izo1061
Required Date of Delivery/Service: 16 )L5!t16\
t-l u,v,\E e CoVVt i'^UvJ LC. plt"Tlo/VS
80 \ Ekf\eR.?~ (~~ J;>~\v-e:...
(" ELJ"lR..A l_ ~Of kJT DK:... 17SD '7
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement
Less than $5,000
Quotes (Optional)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
o Sole Source
o Written findings attached
D Quote or Pro osal attached
CooDerative Procurement
o State of ORNJA contract
D Other government agency contract
D Copy of contract attached
D Contract #
D Invitation to Bid
(Copies on file)
o Reauest for Prollosal
(Copies on file)
o Special I ExemDl;
o Written findings attached
D Quote or Pro osa,1 attached
o Emeraencv
o Written findings attached
D Quote or Pro osal attached
Description of SERVICES
t l ~Ee. 1)(LOP \ OJS,ft L L
To I \lV f""OS\~Oc.lV'\Z-e (to ("LEVi
~ Per attachedJlR9POSAI:. e~ ~ <i'',-- ~ ~
Item #- Quantity
Unit
Description of MATERIALS
Unit PriC4t
Total Cost
Project Number _ _ _ _ _ _ - __ _
~ tf! i'./';' t'J P
~ Per attached QUOTE
Account NumberQ'11-QZ.1b. -bO- ~Ql( _
'Items and services must be charged to the ap ate 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: ~.z tt~
G: Finance\ProcedureIAP\Forms\8_Requisition form revised.doc
Updated on: 5/1712006