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HomeMy WebLinkAbout2007-069 Contract - Hunter Communications Contract for Goods and Services Less than $25,000 CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-5354 Fax: 541/488-5320 CONTRACTbR: Hunter Communications CONTACT: Rich Ryan ADDRESS: 801 Enterprise Drive, Central Point, OR 97502 TELEPHONE: (541) 772-9282 DATE AGREEMENT PREPARED: 03/26/2007 FAX: BEGINNING DATE: April 9, 2007 COMPLETION DATE: Aoril12, 2007 COMPENSATION: $5,750.00, Per Hunter's Work Order dated 03/13/2007 GOODS AND SERVICES TO BE PROVIDED: Emergency underground conversion of 172 count fiber line currently run overhead spanning several utility poles in the "Railroad Districf'. Per Ashland Fiber Network's written findings and Hunter's Work Order dated 3/13/2007. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish 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 any 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 bonded 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 provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Goods shall be paid for within 30 days of an invoice after delivery of goods conforming to the standards and specifications. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $16,936 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in 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, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modifv this contract, in whole or in part, effective uoon delivery of Contract for Work Less than $25,000, Revised by Legal 03/26/2007, Page 1 of 6 written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliaation/Liabilitvof Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certificate: In accordance with ORS 279A.11 0, Contractor has provided the City with a signed Non-discrimination Certificate. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a ORF if Contractor has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. Contract for Work Less than $25,000, Revised by Legal 03/26/2007, Page 2 of 6 e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Councilor the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. CONTRACTOR CITY OF ASHLAND: DATE BY RECTOR BY TITLE DATE CONTRACT AWARD AND FINDINGS By: ,.-;; . FederallD# ACCOUNT # 691 024700 601 620 (For City purposes only) .Completed W9 form must be submitted with contract PURCHASE ORDER # ~'7~71 Contract for Work Less than $25,000, Revised by Legal 03/26/2007, Page 3 of 6 -LhH U N ~commun T E R cations Work Order This document is a REQUEST for worX and is not in itself a modification of any existing contract documents. Address: 90 N MOUNTAIN AVE, ASHLAND, OR, 97520-2014 Phone: 541.488.5354 Job Number: Project: Requested by: Request Date: QU0-01506-SVTNN AFN - 172 ct 5p1ice Richard HoIbo March 13, 2007 Customer: CItY of Ashland DESCRIPTION: . Contractor will straight splice a new section of 172 ct fiber into an existing 172 ct fiber (172 splices per side). . Contractor will splice both ends of the cable at the same time, using two fiber optic technicians and two fully-outfitted splice trailers. . Contractor will place replacement fiber into conduit, to be done prior to cutover. . Contractor will splice live fibers prior to splicing dead fibers; Customer will provide Contractor with fiber priority schedule prior to any splicing. . Contractor will perform splicing during customer specified maintenance window, to be agreed upon by both Contractor and Customer and schedule at least five (5) business days prior to actual splicing work takes place. . Cut sheets will be provided by Customer. COST: Customer agrees to the following compensation terms of this agreement: 1. Total Cost of Project = $5,750.00 2. A final payment for the balance due will be due within 10 days after submittal of final invoice. 3. not recleIvecI within the terms of this will be cha at 1.5% I authorize the work described above and agree to pay job cost as indicated on this Work Order ~ertheterm OfthejOb~ o ~~ ~-t3-67 ~. Date Dil>o..w~;r~ ~ Title EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: 'vcr 't~s YES YES 'yfH YE$ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. H",.).,v C()~tlfuh,'a../ilJl&~ ~c. Contractor I /J'( L1-- O'f/o~ PO()? (Date) Contract for Work Less than $25,000, Revised by Legal 03/26/2007, Page 4 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING ALL employers described below must comply with City of Ashland laws regulating payment of a living wage. -.. IJ_~ Employees must be paid a living wage: ~ For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $16,936 or more. ~ For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or DElDper hour effective June 30,2006 (Increases annually every June 30 by the Consumer Price Index) portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $16,936. ~ If their employer is the City of Ashland including the Parks and Recreation Department. ~ In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. ~ Note: "Employee" does not include temporary or part-time employees hired for less than 1040 hours in any twelve- month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020. For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Work Less than $25,000, Revised by Legal 03/26/2007, Page 6 of 6 A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 4/6/2007 PRODUCER (541)482-0831 FAX: (541)488-5851 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashland Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 585 A Street Suite 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 880 Ashland OR 97520 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. SAIF Corporation Hunter Communications, Inc INSURER B: 801 Enterprise Dr, Suite 101 INSURER C: INSURER D: 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. . LIMITS SHOWN MAY HAVE BEE\l BY PAin ~I AIU~ INSR ADD'L P~AI,J.~1~rv'6~E ~~fl(~,.tgt~N LIMITS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY r:A Rr:NCr: $ r-- ~~~~~~r9~RENT~~pnN>\ COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE 0 OCCUR MED EXP (AlW one carson) $ r-- . Anv IN.II JRY $ - GENERAL AGGREGATE $ ~'L AGGREnE LIMIT nES PER: PRODUCTS- $ POLICY P'~WT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ - ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN r:AACC 1$ AUTO ONLY: Arlrl I $ EXCESSlUMBRELLA LIABILITY $ :=J OCCUR o CLAIMS MADE ArlrlRr:rlATE $ $ ==l DEDUCTIBLE $ RI=Tr:NTlnN ~ $ A WORKERS COMPENSATION AND I WC STATU- I OJ~- EMPLOYERS' LIABILITY 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 973956 4/1/2007 4/112008 E.L. DISEASE - EA EMPLOYEE $ 500,000 " yes, describe under E.L. DISEASE - POLICY LIMIT $ 500,000 ~Pr:CIAL PRnVI~lnN~ tv.lnw OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER 488-5320 City of Ashland 90 N Mountain Ave. Ashland, OR 97520 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTlRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) INS025 (0108).08 AMS C ACORD CORPORATION 1988 (~I ™ Wolters Kluwer Financial Services Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108).08 AMS Page 2 of 2 Apr 06 07 03:03p UNITED RISK 15412451112 p.2 ACOflD. CERTIFICATE OF LIABILITY INSURANCE OP ID D~ DATE (MM/DO/vYYV) HlJNT02C 04/06/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE united Risk Solutions. :Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. 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: AmericaD. StatAB IllaurCltlce Co Hunter commvnications, :Inc. INSURER c: - 801 Znterpf1se Dr. Ste. 101 INSURER 0: Central po nt 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 REOUIREMENT. TERM OR CONDITION OF ~Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NsR[ TYPE OF INSURANCE POLICY NUMBER DATE iMMlD~~ OAt-E' (;"M/DDIYY\' LIMITS ~NERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 52SBATL6304 06/20/06 06/20/07 PREMISES lEa occurence) S 300,000 ~ LJ CLAIMS MADE ~ OCCUR MED EXP (Anyone Pe<Son) $ 10.000 '-- PERSONAl & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2.000.000 '-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG 52.000.000 IXl POLICyll ~r8i ..11 LOC ~.':l..TOMOBILE LIABILITY COMBINED SINGLE LIMIT sl.000,000 B ...!- ~Y AUTO 01CG358SS2-4 06/20/06 06/20/07 (Ea .ccidenl) ~ ALL OWNED AUTOS BODILY INJURY 5 I..!.. SCHEDULED AUTOS (PerpllfllOn) ~ HIRED AUTOS BODILY INJURY $ ..!.. NON.QWNED AUTOS (Per accldenl) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S R ANY AUTO r--- - ..- OTHER THAN EA ACC $ AUTO ONLY: AGG S :JESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ .- R DEDUCTiBlE $ ,- RETENTION $ $ WORKERS COMPENSATION AND \ TgR:Y~~I~\f's-1 -n- EMPLOYE~S' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? .. E.L. DISEASE - EA EMPLOYEE $ ~~~ML"~Wov':~~~~S below - E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OI'IERATIONSI LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ReI Operations of the Named :Insured / City of Ashland is Additional :Insured when reuqired by written contract per Endt. #550008 (04/01) attaohed. CERTIFICATE HOLDER COVERAGES City of Ashland 90 N Mountain Ave Ashland OR 97520 CANCELlATION ASHASO 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBL.IGATION OR LlABIL.ITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, E IVE @ACORD CORPORATION 1908 ACORD 25 (2001/08) Apr 06 07 03:03p UNITED RISK BUSINESS LIABILITY COVERAGE FORM a. Your "emp'oyee~", other than either your "executive offICers" (if you are an organizatIon other than a partnership, Joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within ~e scope of their employment by you or while performing dutiee related to the conduct of your business. However, none of these "employees" is an Insured fer: (1) "Bodily Injury" or "personal and advertising injury": (a) To you, to your partners or members (If you are a partnership or joint venture), to your members (If you are a limited liability company), or to a co-"employee" while that co-"employee" 15 either in the course of his or her employment or performing duties related to the conduct of your business; lb) To the spouse, child. parent, brother of sister of that 00- "employee" as a consequence of paragraph (1)(a) abOve; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1 )(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is Qeing exercised for any purpose by you, any of your "employees", any partner Of member (If you are a partnership or joint venture), or any member (If you are a limited llabllity company). b. Any person (other than your "employee"), or any organization while acting as your real estate manager. c. Any pen;on or organization having proper temporary oustody of your property if you die, but only: (1) With respect to liability arisIng out of the maintenance or use of that property; and Page 10 of 20 15412451112 p.3 (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Any "employee" of the Insured while acting in the scope of his/her duties as a retail , pharmacist, or optIcian or optometrist ~f. Additional Insureds by Contract. ?r'" Agreement or Permit Any person or organiZation with whom you agreed, because of a written contract or agreement or permit, to provide insurance sucl1 as is afforded under this Business UabHity Coverage Form. but only with respect to your open;ltions, "your work" or facilities owned or used by you. However, coverage under this provIsion does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury". (2) To any person or organization Included as an insured under provision g. (Broad Form Vendors). (~) To any other person or organization shown in the Declarations as an Additional Insured. Cov~age under this provision includes the following: (1) When an engineer. architect or survGyor becomes an insured under provision 2.f., the following additional exclusion applies: "Bodily injury", "property damage" or "personal and advertising injUry" arising out of the renderIng of or the failure to render any professional services by or for you inclUding: tal The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys. field orders, change orders, designs or drawings and specifications; and (b) Supervisory, inspection, architectural or ens;jineerina alilvltles. (2) When a lessor of '8IllS~ equipment becomes an insured under provision 2.f., the following additIonal exclusions apply: Form SS 00 08 04 01 Apr 06 07 03:04p UNITED RISK 15412451112 p.4 BUSINESS L1ABIUfY COVERAGE FORM (:a) To any "occurrence" which takes place after the equipment lease expIres; or (b) To "bodily injury" or "property damage" arising out of the sole negligence of the lessor. (3) When owl'lers or other Interests from whom land has been leased become an Insured under provision 2.f., the following additional exclusions apply: (a) Any "occurrence" which takes place after you cease to lease that land; or (b) structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interes1s from whom land has been leased. (4) When managers or lessors of premises become an insured under provision 2.f., the following exclusIons apply: (a) Any "occurrence" which takes place after you oease to be a tenant in that premises: or (b) structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessors of the premises. g. Additional Insured - Broad Form Vendors Any person or organization with whom you agreed, because of a written contract or agreement to provide Insurance, but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distribUted or sold In the regular course of the vendor's buslness, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "BodilY injury" or "property damage" for which the vendor is obligated to pay damages by reason of tl1e assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; (b) Any express warranty unauthorlzed by you; (c) Any physical or chemical change in product made intentionally by tho vendor. (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container: (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the u9u;a1 course of business, In connection with the distribution or sale of the products: (f) Demonstration, Installation, servicing or repair operations except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products whloh, after distribution or sale by you. have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) ThIs Insurance does not apply to any il1sured pereon or organization, from whom you have acqL!ired such products, or any ingredient, part or container. entering Into, accompanying or containing such products. (3) This provision g. does not apply to any vendor included as an Insured by an endorsement issued by us and made a part of this Coverage Part. (4) This provision g. doe6 not apply if "bodily injury" or "property damage" included within the "products- completed operation hazard" is exclllded either by the provisions of the Coverage Part or by endorsement h. Broad Form Named Insured Any subsidiary and subsidiary thereof, of yours which is a legally incorporated en~ty of which you own a financial interest of more thQn 50% of the voting stock on the effective date of this coverage form. Form 55 00 08 04 01 Page 11 of 20 CITY RECORDER'S COpy Page 1 1 1 .rA' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 I 4/9/20~;1 ~ 07479 -1 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: Speclallnst: Req. No.: Dept.: IT Contact: Mike Ainsworth Confirming? No Emer~ency under~round conversion of 172 count fiber line currently run overhead spannin~ several utility poles in the "Railroad District". Per AFNs written findin~s and Hunter's Work Order dated 03/13/2007. 5,750.00 Contract for Goods & Services Date a~reement prepared: 03/26/2007 Be~innin~ date: 04/09/2007 Completion date: 04/12/2007 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL ~-'10~ ~~fTJ Authorlzea Signature VENDOR COPY .. . CITY OF ASHLAND ". ..- a Yt~rt!llClct f'n", ':::l PI Irc,~~rf.:!1CI "rdt:.v i ,~ ~ ~1"\1Y~"'.t~ - V~ lQi t Y .~~ ~r~,;)~: V ". f<'l',t REQUISITION FORM THIS REQUEST IS A: o Change Order(existing PO # Date of Request Required Date of DerlVery/Service: Hunter Communications 801 Enterprise Drive Central Point, OR 97502 772-9282 Sam Ackley Vendor Name Address: CIt;y. State, Zip: Phane: Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement o less 1hanS5.000 o Quotes (Not requi'ed) IntennecIate Procu'Wnent o (3) Written Quotes (Copies attached) o Sole SotI'ce o W'ilten findngs attached CooDerative Proetnment o Slate of ORJWA connct o other govenment agency contract o COJ1I of conlractatfached o Contract# o InvItafionto BId (Copies on file) Reauest for PrODOSal (Copies on file) SD8CW I ExermJt o WriIfen findngs attached EmenIenc:v Written fin<:fings atlached DescrIptIon of SERVICES X Per attached PROPOSAL Item. Quantity Unit DescrIption ofllATERIALS Unit PrIce Total Cost Project Number ______. ___ o Per atiactted QUOTE Account Number 691.02A7.00.&iI III ~D Uo2.0 * Items and seTVices must be charged to the appropriate account nunibets for the finW/Cials to reflect the actual expetlditures accurately. By signing this Iequisition form, / cerlify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request EmpIoyeeSignalure~ ~ ~ ,,~Supenrisor/DoplHead~ . March 16, 2007 To: Karl Olson From: Michael Ainsworth Re: Written Findings Urgent action required: Emergency underground conversion of 172 count fiber line currently run overhead spanning several utility poles in the "railroad district". Background: The railroad district is an active area of business development and construction projects. AFN's Fiber line is currently running over the roof of a building that was built under the fiber line path strung between utility poles. This critical 172 count fiber line has been damaged by robbing against the recently built building. If any of the fragile fiber optic strands are severed, the community will experience a significant and lengthy outage of Internet (and CATV) services. There is no way to practically repair this fiber midway through a 1400 foot run. Recommendation: AFN staff recommends the immedimate replacement of this fiber run utilitizing an existing bmied conduit path as an alternative path across this parcel of property. Hunter Communications has the necessary resomces of equipment and staff to perform this emergency repair with minimal customer impact.