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.