RFP 2026004 Fiber to the Premises (FTTP).pdf

Fiber to the Premises (FTTP) RFP No. 2026004

REQUEST FOR PROPOSALS

RFP No. 2026004

FOR

FIBER TO THE PREMISES (FTTP)

FIBER OPTIC CONSTRUCTION SERVICES

ISSUE DATE: WEDNESDAY, OCTOBER 7, 2026

DUE DATE: FRIDAY, NOVEMBER 6, 2026 @ 4:00 P.M.

DISTRICT’S CONTACT PERSON FOR THIS RFP: SANDRA CHIDIAC

PROPOSALS SHALL BE SUBMITTED ELECTRONICALLY

THROUGH OREGONBUYS ONLY

TABLE OF CONTENTS

Request for Proposals (RFP) No. 2026004

1. Cover Sheet…………………………………………………………………1

2. Table of Content………………………………………………………….…2

3. RFP Schedule……………………………………………………………….3

4. Mandatory Submittals Checklist…………………………………………….5

5. Instructions to Proposers…………………………………………………….6

6. Project Description and Scope of Work…………………...……………...…12

7. Evaluation Criteria …………………………………………………………23

8. Minimal Responsiveness…………………………………………………...23

9. Evaluation Process …………………………………………………………25

Attached Exhibits

10. Exhibit A: NWCPUD Fiber Optic Construction Standards.

11. Exhibit B: Construction Packet, Zone 1.

12. Exhibit C: Work Order Bid Sheet.

13. Exhibit D: Work Order Unit Definitions.

14. Exhibit E: Terms and Conditions for PO.

15. Exhibit F: Reserved/Not Applicable

16. Exhibit G: Designation of Subcontractors List.

17. Exhibit H: Contract Terms and Conditions Exceptions Additions Deletions

If none, write “NONE” and Submit.

18. Exhibit I: Surety Bond in Lieu of Retainage.

19. Exhibit J: Acknowledgement of Addenda Form.

20. Exhibit K: Bid Bond Form.

21. Exhibit L: Payment Bond Form.

22. Exhibit M: Performance Bond Form.

23. Exhibit N: Bid Guarantee Form.

24. Exhibit O: Non-Collusion Declaration.

25. Exhibit P: References.

26. Exhibit Q: Warranty Form.

27. Exhibit R: Proposed Change Order Form.

28. Exhibit S: Sample Master Services and Equipment Agreement.

29. Exhibit T: Business Profile.

30. Exhibit U: W-9 Form.

31. Exhibit V: Drug Free Work Place Certification.

32. Exhibit W: Debarment Suspension.

RFP SCHEDULE

RFP No. 2026004

FIBER TO THE PREMISES (FTTP)

FIBER OPTIC CONSTRUCTION SERVICES

Milestone Date

District’s Contact Person for this RFP

Sandra Chidiac sandra-chidiac@nwascopud.org

RFP Issue Date Wednesday, October 7, 2026

Post RFP on Oregon Buys Wednesday, October 7, 2026

Mandatory Pre-Proposal

Conference – Remote Only

Date/Time/Location

Interested Proposers Can Click the Link to Attend the

Mandatory Pre-Proposal

Conference

Monday, October 26, 2026 @ 2:00 PM PST

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/231885215795270?p=mrgQmiohs85a3qyEWi

Meeting ID: 231 885 215 795 270

Passcode: JQ2n9cw7

Need help? | System reference

Dial in by phone

+1 929-329-2852,,229917929# United States, New York City

Find a local number

Phone conference ID: 229 917 929#

Last Day to Submit Requests for Information (RFI)

Questions or Clarifications to the District’s Contact Person

Wednesday, October 28, 2026 @ 2:00 PM PST

Email RFIs/Questions via OregonBuys portal at:

https://oregonbuys.gov/bso/

Last Day to receive Protests of

Requirements / Specifications /

Terms

Friday, October 30, 2026

Anticipated Addendum

Issuance in Response to RFIs

Tuesday, November 3, 2026

Proposals Due Electronically

Only No Later Than

Friday, November 6, 2026 @ 4:00 PM PST

Proposers Interview(s) To be determined at the discretion of the District Only.

Anticipated Issuance of Notice of Intent to Award

Monday, November 23, 2026

Protest Period Ends Seven (7) Days from Notice of Intent to Award

Anticipated Board Review and

Approval of Contract Award

Tuesday, December 1, 2026

Anticipated Contract Execution

Date

Wednesday, December 9, 2026

Anticipated Project Start Date Project actual start date shall be referenced in a Notice to Proceed issued by the

District following contract execution mailto:sandra-chidiac@nwascopud.org https://teams.microsoft.com/meet/231885215795270?p=mrgQmiohs85a3qyEWi https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I3N2Y5YTAtZWMyMS00YzAxLWE4YTQtOWYyOWU3NzgxZTE4%40thread.v2/0?context=%7b%22Tid%22%3a%22a78bfeed-019a-4f4e-ac89-0ba820742172%22%2c%22Oid%22%3a%2299fabd5d-5bbf-44ee-9b2e-44e249259c37%22%7d tel:+19293292852,,229917929 https://dialin.teams.cloud.microsoft/294c6386-1435-4442-9e77-7e457028f919?id=229917929 https://oregonbuys.gov/bso/

Note: Proposers are responsible for ensuring all proposals, questions, and RFIs are submitted through OregonBuys under the correct RFP solicitation. Failure to submit under the correct RFP may result in the proposal being deemed non-responsive.

Single Point of Contact

Northern Wasco People Utility District’s (District) Purchasing Department is the issuing office.

The Single Point of Contact (SPC) for this RFP is identified in the RFP Schedule. Proposers shall direct all communications related to this RFP only to the SPC through the OregonBuys portal, including questions regarding technical requirements, contractual requirements, the procurement process, or any other aspect of the solicitation. Communications regarding this RFP with any other District employee, representative, or official may result in the Proposer being disqualified or the proposal being deemed non-responsive.

Electronic Submission Requirements

Proposals must be submitted electronically through OregonBuys by the date and time specified in the RFP Schedule. Late submissions will not be accepted. It is the Proposer's sole responsibility to ensure that all proposal documents, exhibits, and required attachments are successfully uploaded and submitted in OregonBuys prior to the deadline.

The District is not responsible for delays, technical issues, upload failures, or submissions made to an incorrect solicitation. Proposals submitted after the deadline or under the wrong OregonBuys solicitation may be rejected and deemed non-responsive.

Right to Waive and Reject

This Request for Proposals (RFP) does not commit the District to award a contract or pay any costs incurred in the preparation of a proposal in response to this request. The District reserves the right to accept all or part of any proposal or to cancel in part or in its entirety this Request for Proposals. The District further reserves the right to accept the proposal that it considers to be in the best interest of The District.

The District reserves the right to waive minor irregularities and technicalities and to reject any and all Requests for Proposals.

END OF SECTION

MANDATORY SUBMITTAL CHECKLIST

RFP No.: 2026004

Failure to submit below forms with the Proposal could be considered non-responsive.

For Proposers use and reference only. Additional documents may be required so

Proposers should carefully review all RFP and Contract Documents.

❑ Response to Mandatory Requirements – include narrative, resumes, experience and qualifications.

❑ Exhibit C: Work Order Bid Sheet.

❑ Exhibit G: Designation of Subcontractors List.

❑ Exhibit H: Contract Terms and Conditions Exceptions Additions Deletions

If none, write “NONE” and Submit.

❑ Exhibit I: Surety Bond in Lieu of Retainage.

❑ Exhibit J: Acknowledgement of Addenda Form.

❑ Exhibit K: Bid Bond Form (or Bid Guarantee form if Security is other than Bid Bond).

❑ Exhibit N: Bid Guarantee Form (Use only when not using a Bid Bond).

❑ Exhibit O: Non-Collusion Declaration.

❑ Exhibit P: References (Complete with valid names and contact information).

❑ Exhibit T: Business Profile.

❑ Exhibit U: W-9 Form.

❑ Exhibit V: Drug Free Work Place Certification.

❑ Exhibit W: Debarment Suspension.

INTRODUCTION

The Northern Wasco County People’s Utility District (District) is seeking licensed and qualified

Contractor(s) with experience in aerial/underground Fiber to the Premises (FTTP) construction to include the installation of service drops and the associated network equipment at the premise.

Please refer to “Project Description and Scope of Work” section for Project details.

INSTRUCTIONS TO PROPOSERS

Mandatory Pre-Proposal Conference

A Mandatory Pre-Proposal Conference is required for all parties intending on participating in this solicitation. Pre-proposal conference will be held online (Remote Attendance Only) on the date/time specified in the RFP Schedule.

Interested proposers can follow the Link provided in the RFP Schedule to Attend the Mandatory

Pre-Proposal Conference. Attendees must be present for the entirety of the conference and provide their name, company name, email and contact information for future follow-ups.

Licensing

Proposers must hold a valid CCB license at the time of submission of the proposal. The District will validate and verify registration prior to Contract award.

Solicitation Documents

Solicitation documents are electronically available and can be accessed by logging into

OregonBuys.

Bid Bond Form/Bid Security

Each proposal must be accompanied with a completed and signed Bid Bond Form provided herein as Exhibit K, or by a bid security in the amount of five percent (5%) of the bid price. The security is to be furnished by the company who will construct the project.

Performance and Payment Bonds

The successful Proposer, after receiving the Notice of Intent to Award shall, within the time allotted, provide payment and performance bonds on the forms provided by the District each in a sum equal to the Contract Price or Order Price prior to Contract execution. Unsigned bond forms may constitute grounds for non-responsiveness.

Proposal Submittal

The District will accept electronic proposal submissions only through OregonBuys. Proposals submitted by email, fax, mail, or hand delivery will not be accepted.

Proposers must submit their proposals, including all required forms, attachments, and a scanned copy of any required bid bond or bid security, through OregonBuys prior to the date and time specified in the RFP Schedule. It is the sole responsibility of the Proposer to ensure that its proposal is successfully uploaded and submitted in OregonBuys before the stated deadline.

Late submissions will not be accepted. The District is not responsible for delays, technical issues, connectivity problems, upload failures, or submissions made under an incorrect OregonBuys solicitation. Proposals submitted after the deadline or under the wrong solicitation may be rejected and deemed non-responsive.

Submission of a proposal through OregonBuys constitutes official receipt by the District.

Proposers are responsible for ensuring that all proposal documents have been successfully uploaded and submitted in accordance with the requirements of this RFP.

Cost of Proposal Preparation:

All costs and expenses associated with the preparation of a proposal for this RFP are the sole responsibility of the proposer.

Questions / Requests for Clarification

All inquiries, whether related to the RFP process, administration, deadlines, method of award, contractual requirements, or the technical aspects of this RFP, must:

• Be submitted to the Single Point of Contact (SPC) through the OregonBuys solicitation;

• Reference the applicable OregonBuys solicitation number and RFP title;

• Identify the Proposer's name and contact information;

• Reference the specific area of the RFP being questioned (e.g., section, page, or paragraph number); and

• Be received by the deadline for Questions/Requests for Clarification identified in the RFP

Schedule.

Questions, requests for clarification, requests for interpretation, and requests for changes to the solicitation requirements received after the established deadline may not be considered. Requests for changes to contract terms and conditions shall clearly identify the proposed revision and the reason for the request.

Questions, clarifications, modifications, or substitutions included within a proposal submission may cause the proposal to be deemed non-responsive.

Responses to questions, requests for clarification, and other solicitation-related communications will be issued by addendum and posted to the applicable solicitation in OregonBuys. Proposers are responsible for monitoring OregonBuys for addenda and other procurement-related information.

Standard Work Order Bid Sheet Form (Exhibit C)

Proposals shall be submitted using the forms provided in this RFP and uploaded through the applicable OregonBuys solicitation. Proposers shall not alter the content of any required form, including the Work Order Bid Sheet Form, nor qualify their proposal in a manner inconsistent with the requirements of this RFP. Alteration of the Work Order Bid Sheet Form or required solicitation forms may cause the proposal to be deemed non-responsive.

All applicable fields on the Work Order Bid Sheet Form and other required proposal forms shall be completed electronically. Proposers are responsible for ensuring that all required information, certifications, signatures, forms, attachments, and supporting documentation are included with their submission. Failure to provide required information may result in the proposal being deemed non-responsive.

Proposal Modification

A Proposer may modify its proposal at any time prior to the proposal submission deadline identified in the RFP Schedule by submitting a revised proposal through OregonBuys. The revised submission shall clearly indicate that it supersedes any previously submitted proposal. The

Proposer is responsible for ensuring that the final version of its proposal is successfully submitted prior to the deadline.

No proposal modifications will be accepted after the proposal submission deadline.

Or Equal

Whenever a process, manufacturer's name, brand name, product, or item is specified or described in this RFP, the words "or equal" shall be deemed to follow such reference unless expressly stated otherwise.

Products or items offered as an approved equal must, in the District's sole judgment, meet or exceed the specified requirements. To be considered, the Proposer shall provide sufficient information to evaluate the proposed substitute, including detailed specifications, cut sheets, product literature, and any modifications necessary to demonstrate equivalency. All supporting documentation must be included with the proposal submission through OregonBuys.

Review and approval of proposed "or equal" products may occur before or after contract award at the District's discretion.

Prevailing Wage Rates

All Services under this Agreement are subject to prevailing wage rates and all workers providing labor for the Services shall be paid not less than the prevailing minimum hourly rate of wage for the same character of work in the same trade located in The Dalles Oregon. Contractor will include the requirement to pay prevailing wages as a material provision in every contract with a contractor or subcontractor, to the extent those contracts are permitted and applicable, and will ensure compliance with the prevailing wage requirements.

BOLI does not oversee the District and will not require certified payroll or other reporting activities to be submitted to Oregon State Bureau of Labor & Industries BOLI. BOLI rates are to be paid to employees based on the active rates BOLI posts.

Prevailing Wage Rates for Northern Wasco County in Oregon State are available via the look-up system posted by BOLI.

Responsive Proposal/Responsible Proposer

A “responsive proposal” is a proposal, which meets all the terms, conditions and specifications of this Request for Proposal. A “responsible proposer” is a proposer who has the financial resources, personnel, facilities, integrity, and overall capability to complete the contract successfully.

Proposer’s Representative

The successful proposer shall appoint a representative to act as a liaison between the proposer and the District. This representative shall have the authority to make binding decisions for the proposer.

The representative’s name and telephone number shall be provided to the District after notification of award of the contract. Proposer must respond within reasonable time to requests made by the

District.

Reserved Rights

The District reserves the right:

A. To reject for cause any or all proposals upon the District’s written finding that it is in the public interest to do so.

B. To waive any or all informalities in the proposals submitted.

C. In the event any proposer(s) to whom a contract is awarded defaults in executing said formal contract or in furnishing a satisfactory payment or performance bond or certificate of insurance at the specified limits within the time and manner herein after specified, to re-award the contract to another proposer or proposers.

D. To extend the deadline for submitting bids/proposals by issuing a addendum in writing prior to bid/proposal closing date.

E. To negotiate additions or deletions to goods and services requested.

F. To unilaterally exercise its option to extend the Contract or resolicit proposals for same or similar project.

Compliance with Specifications/Proposal

All services furnished under this proposal shall be subject to performance evaluation and rejection by the District for non-performance or non-compliance with the specifications. If a proposer fails to meet the specifications of the accepted proposal, the District may at its sole option annul and set aside the contract entered into with the proposer, either in whole or in part, and enter into a new contract in accordance with law for furnishing such article so agreed to be furnished. Services not meeting the specifications of the awarded contract may be rejected.

Contract Term

The District will issue one or more Contract(s) to the successful proposer(s) for a period of twenty-four (24) months with the option to extend for three (3) additional one (1) year periods at the discretion of the District only.

The District reserves the right to either unilaterally exercise its option to extend the Contract for additional twelve (12) months period at a time with unchanged Terms and Conditions by issuing a Notice to Exercise Option to Contractor(s) signed by a District authorized representative within

120 days prior to Contract expiration date informing the Contractor(s) of said extension, or resolicit proposals for same or similar services and award new Contract(s) accordingly.

Contract Pricing

Submitted pricing shall remain firm for the initial period of two (2) years/twenty-four (24) months of the Contract.

Price Escalation: Contract prices shall remain firm for the initial two (2) year term. Requests for price increases will only be considered during renewal terms and must be submitted at least sixty

(60) days prior to the end of the then-current contract term. Any requested increase must be approved by the Parties prior to the effective date of the renewal term and shall be limited to documented, pass-through cost increases that do not result in an increase in the Contractor's profit margin over that reflected in its original proposal. The District reserves the right to approve or reject any requested price adjustment.

CONTRACT FORM

By submitting a proposal, proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Master Services and Equipment Agreement (Exhibit S).

Proposers shall review the attached Exhibit S and note exceptions. Unless proposer notes exceptions in its proposal, the District intends to enter into a Contract for Services with the successful Proposer(s) substantially in the form set forth in Sample Master Services and

Equipment Agreement. It may be possible to negotiate some provisions of the final Contract for

Services; however, many provisions cannot be changed. Proposer is cautioned that the District believes modifications to the standard provisions constitute increased risk and increased cost to the District. Therefore, the District will consider the Scope of requested exceptions in the evaluation of proposals. Any proposal that is conditioned upon the District’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the District’s Legal Counsel. In the event that the parties do not reach mutually agreeable terms, the District may terminate negotiations and commence negotiations with the next highest-ranking proposer.

Addenda

Responses to questions, requests for clarification, or revisions to this RFP will be issued by addendum. All addenda will be posted to the applicable solicitation in OregonBuys.

Proposers are responsible for monitoring the OregonBuys solicitation and obtaining all addenda issued for this RFP. Failure to review or acknowledge an addendum shall not relieve the

Proposer of any obligation under the solicitation.

If addenda are issued, Proposers shall acknowledge receipt of all addenda by completing the

Acknowledgment of Addenda Form and including it with their proposal submission through

OregonBuys. Failure to acknowledge required addenda may cause the proposal to be deemed non-responsive.

Proposers are responsible for accessing and monitoring the OregonBuys website at https://oregonbuys.gov/bso/ for solicitation updates, addenda, and other procurement-related communications.

Basis of Award

The District shall award a contract to the proposer(s) that provides the best overall value to the

District. The District’s intention is to award one or more contracts for this Project.

Previous Performance:

Proposers are advised that District reserves the right to reject a proposal from a proposer that cannot demonstrate the ability to provide the services required. Past service and delivery performance(s) with similar sized organization(s) and scope of work is a factor in the determination of award against this proposal. Proposer’s past performance practices and services may be examined. Proposers who have demonstrated unsatisfactory performance will be subject to disqualification as a responsible proposer, thereby disqualifying the proposer from contract award.

https://oregonbuys.gov/bso/

Contract Award:

The District’s intention is to award a 24 months contract, providing that quality and service remain in accordance with the specifications. The District has no obligation to extend/renew and may decide to re-solicit for proposals for the contract at any time for any reason.

The District reserves the right to award the RFP as a whole or by zone/location as determined by the District.

Protests to RFP

A prospective Proposer may submit a written protest of anything contained in this RFP, including, but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Contract. This is the prospective Proposer's sole opportunity to protest the provisions of the RFP, except that a Proposer may protest an Amendment as provided below and may take exception to negotiable contract terms as provided in the Negotiations section of this RFP.

Protests to Amendments

A prospective Proposer may submit a written protest of anything contained in an

Amendment. Protests to an Amendment must be received by 4:00 p.m. Pacific Time on the second Business Day following issuance of the Amendment, or by the date and time specified in the Amendment, whichever is applicable. Protests concerning matters not added or modified by the Amendment will not be considered.

Requirements for Protests

All protests must:

• Be delivered to the Single Point of Contact (SPC) by email or hard copy;

• Reference the applicable OregonBuys Solicitation Number and/or District RFP

Number;

• Identify the prospective Proposer's name and contact information;

• Be submitted by an authorized representative of the prospective Proposer;

• State the reason for the protest, including:

o The grounds demonstrating how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o Evidence or documentation supporting the grounds upon which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the date and time identified in the RFP Schedule.

Protests to an Amendment must be received by the deadline identified in the applicable

Amendment.

Retention

Progress Payments/Retainage. The District shall make progress payments monthly as the

Work progresses. Payments shall be based upon estimates of the Work completed and approved by the District. Progress payments shall not be considered as an acceptance or approval of any of the Work or a waiver of any defects therein. The District may reserve as retainage from progress payments an amount not to exceed five (5) percent of the payment.

Contractor shall have the right to deposit bonds or securities in lieu of cash retainage in accordance with ORS 279C.555-560. Irrevocable letters of credit from a bank doing business in Oregon will be accepted in lieu of cash retainage.

Final Payment:

Final Payment. Not more than 30 days after final completion of the Work and District’s final acceptance, which shall include the taking of final inspection, the District shall make its final payment to Contractor. Retainage held by the District shall be included in and paid to the

Contractor as part of the final payment. If the final payment is made more than 30 days after final completion and final acceptance, District shall pay Contractor interest at the rate of one-and-one-half percent per month on the final payment commencing 30 days after final completion of the Work by Contractor and final acceptance of the Work by District. To facilitate District’s inspection, Contractor shall notify District in writing when Contractor considers the Work complete.

Project Description and Scope of Work

The purpose of this RFP is to offer prospective Contractors the opportunity to demonstrate their capabilities to help fulfill the District’s fiber optic construction requirements.

The District is maintaining and deploying Fiber to the Premises (FTTP) broadband services in areas of Wasco County and adjacent areas in support of Quality Life Networks (QLife). Further, the District, at its own discretion, reserves the right to add additional zone(s) to this Scope of

Work QLife offers fiber-based services to residents and businesses in communities of Wasco

County through a mixture of underground and aerial fiber optics. QLife serves its customers through a combination of lit and dark fiber services, some with Service Level Agreements, and some without.

All contractor personnel will be required to adhere to the highest quality standards and workmanship. The Contractor shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee(s), as may be necessary.

Use of Subcontractor(s)

Subcontractor(s) are permitted for this work. The Contractor must clearly define their intention to subcontract any portion of this work. Please keep in mind that the District will contract solely with the Contractor(s), therefore subcontractor(s) remain the sole responsibility and liability of the Contractor(s).

Subcontractors must carry an unexpired license at all times, be properly insured at the designated limits and adequately licensed for the project at hand. Subcontractors must also be listed with the

Construction Contractors Board, and comply with state wage and liability laws.

The Scope of Work may include but is not limited to

This Scope of Work outlines the responsibilities, expectations, and deliverables required of the

Contractor engaged to support the construction of fiber optic utility infrastructure. The

Contractor shall provide labor, supervision, tools, equipment, transportation, and materials

(unless otherwise specified) necessary to timely and professionally perform the following services:

1. Fiber to the Premises Construction – Includes the installation of new overhead and/or underground utility lines to extend services to new deployments, customers, or service areas, in accordance with applicable codes, standards, and engineering designs

2. Inclusion of additional Zones for Fiber to the Premises Construction as determined by the District only.

This document serves as the general framework for the services provided and may be supplemented by specific work orders, task orders, job packages, or project-specific requirements. All must be performed in accordance with applicable local, state, and federal regulations, and industry best practices.

General Contractor Duties

Contractors/Subcontractors who hire or work with minors must comply with both state child labor laws and federal Fair Labor Standards Act (FLSA) rules in compliance with the

Oregon’s Bureau of Labor and Industries (BOLI) regulations.

1. No work shall commence until the District has issued Contractor a specific Work Order detailing the work to be performed and any special instructions or in accordance with emergency restoration plans.

2. No work shall commence until Contractor has provided the District with a Certificate of

Insurance (COI) including all endorsements reflecting the District and its Contract Review Board as “Additional Insured” and in compliance with stated insurance limits and requirements of this

RFP and such COI is reviewed and approved by the District’s legal counsel.

Contractor shall further provide certification of compliance for all subcontractors per the project insurance requirements and submit such certification to the District prior to the subcontractor or contractor begins any work.

3. Contractor shall designate a dedicated Project Manager possessing excellent written and oral communication skills who can respond to all of District’s requests and assist in resolving all construction related issues.

4. Contractor shall not begin any extra work without the prior written authorization of the

5. Contractor shall supply all supervision, labor, construction equipment, transportation, licenses, taxes, safety and consumable supplies and all other incidental costs required for the completion of work as specified in the Contract Documents.

6. Contractor shall be responsible for and shall pay all applicable taxes relating to unemployment, social security, worker's compensation, franchise taxes (including taxes assessed on Contractor's net income), levies, duties, work-in-progress, and assessments of every nature due in connection with any Work under this Contract and shall make all payroll deductions required by law. Contractor shall indemnify and hold harmless the District from any liabilities arising from such taxes, levies, duties, assessments, and deductions.

7. Contractor shall be responsible for any fines, tolls, tickets, or additional costs associated with the work either directly or indirectly. The Contractor is aware of all existing and potential restrictions to construction that have been or may be placed by the jurisdiction authorities, including, but not limited to, traffic control, fuel and/or oil leakage and noise pollution.

8. Contractor acknowledges his/her full responsibility for protecting all installed fiber infrastructure including locates until final acceptance by the District.

9. Contractor and/or Project Manager shall attend progress meetings as requested by the

10. Due to the nature of the Work, Contractor and/or Project Manager recognize, acknowledge and commit to responding to the District‘s designated representatives(s) on 24 hours a day, 7 days a week basis.

Construction

1. Contractor shall install conduit and cable in a method deemed most suitable, economical, and/or efficient as specified in a work order issued by the District, except where a specific construction method is specified by Engineering drawings, by a permit, or by another authority having jurisdiction.

2. Contractor shall direct plow, trench, excavate, erect, bore, rock saw, attach, or utilize other methods approved by the District to install conduit, cable, messenger wire, vaults, hand holes, fiber warning tape, route markers and other appurtenances as indicated on the work order and as specified in the Contract Documents. Contractor shall install fiber optic cable and complete acceptance testing as specified in the work order.

3. During installation, Contractor shall protect the right-of-way to minimize damage from construction activities including but not limited to utilizing good soil erosion control practices and taking special precautions in environmentally sensitive and cultural resource sites.

4. Contractor shall provide all maintenance and traffic control to the satisfaction of the

District and agencies having jurisdictional authority of the area of work.

5. The Contractor shall backfill, replace, resurface, and restore all affected areas of construction including but not limited to, sidewalks, asphalt, grass, pavement, highway and railway right-of-way and wetland areas to original or better condition in accordance with the

Contract Documents, and to the satisfaction of the District, and any agencies having jurisdictional authority of the area of work.

6. Contractor shall ensure that the work sites are accessible for work including but not limited to preventing vehicles from parking on site, removing snow, pumping manholes, and scheduling work to avoid delays by road construction, repair, or other outside party projects.

7. The Contractor shall perform all fiber optic installation work in the communications space in full compliance with the most current edition of the National Electrical Safety Code

(NESC). This includes, but is not limited to, adherence to all safety standards, grounding, and construction standards applicable to communications installations. The contractor is responsible for ensuring that all personnel are trained in and follow NESC requirements at all times during the execution of work.

8. All materials and equipment shall be applied, installed, connected, erected, utilized, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. All conduits and cable shall be plugged or capped during the construction process and upon completion to prevent any intrusion of silt, water, or foreign substances into the Network. All work shall follow the District construction specifications and drawings.

Service Drops

1. Contractor shall recognize that utilities shown on Contract drawings are for informational purposes only. The District assumes no responsibility for the accuracy of the utilities shown.

2. Contractor shall contact the appropriate state's One Call agency at least seventy-two (72) hours in advance of construction for location of buried utilities. Contractor is responsible for locating and avoiding all subsurface obstructions. It is the Contractor's responsibility to verify the locations of subsurface obstructions shown on the drawings and any additional obstructions not identified on them. Contractor is responsible for contacting and confirming the location of utilities or other entities not taking part in One Call.

3. Contractor shall be responsible to verify the exact location of every pipeline, utility, drainage facility, or other buried facility by hand digging (pot holing) prior to working in the area. Contractor is responsible for receiving jurisdictional authority approval prior to excavation where applicable. Contractor shall then make any adjustments, in the field or otherwise, to install the conduit or duct where it shall not interfere with other conduits or utility systems. the District must approve any adjustments to the running line prior to implementation by Contractor.

4. Contractor shall be solely responsible for all direct and indirect costs and consequences arising from damage to utilities.

5. During performance of the Work, if Contractor or any of its Contractors hits a gas line or has reason to believe it has hit a gas line, Contractor shall immediately call 9-1-1 and make the appropriate notification.

6. Contractor shall keep a Utility Location Log of all telephone contacts to notify existing utilities of pending excavation. Such a log shall include date, time of day, name of individual contacted, name of agency or company contacted, telephone number, and confirmation number.

The Utility Location Log shall be made available to the District for review prior to construction and submitted on a weekly basis.

Utility Locations and Subsurface Obstructions

1. Contractor shall recognize that utilities shown on Contract drawings are for informational purposes only. the District assumes no responsibility for the accuracy of the utilities shown.

2. Contractor shall contact the appropriate state's One Call agency at least seventy-two (72) hours in advance of construction for location of buried utilities. Contractor is responsible for locating and avoiding all subsurface obstructions. It is the Contractor's responsibility to verify the locations of subsurface obstructions shown on the drawings and any additional obstructions not identified on them. Contractor is responsible for contacting and confirming the location of utilities or other entities not taking part in One Call.

3. Contractor shall be responsible to verify the exact location of every pipeline, utility, drainage facility, or other buried facility by hand digging (pot holing) prior to working in the area. Contractor is responsible for receiving jurisdictional authority approval prior to excavation where applicable. Contractor shall then make any adjustments, in the field or otherwise, to install the conduit or duct where it shall not interfere with other conduits or utility systems. the District must approve any adjustments to the running line prior to implementation by Contractor.

4. Contractor shall be solely responsible for all direct and indirect costs and consequences arising from damage to utilities.

5. During performance of the Work, if Contractor or any of its Contractors hits a gas line or has reason to believe it has hit a gas line, Contractor shall immediately call 9-1-1 and make the appropriate notification.

6. Contractor shall keep a Utility Location Log of all telephone contacts to notify existing utilities of pending excavation. Such a log shall include date, time of day, name of individual contacted, name of agency or company contacted, telephone number, and confirmation number.

The Utility Location Log shall be made available to the District for review prior to construction and submitted on a weekly basis.

Project Manager Daily Reporting

1. For projects requiring extensive time, the contractor shall provide, in writing, to the

District Broadband Manager or their designee, progress made in measures of feet of conduit and fiber installed, number of hand holes placed, and any issues or problems encountered.

Labor, Products and Materials

Following contract execution, the District shall issue a Notice to Proceed referencing the actual commencement date of the services. Contractor shall be solely responsible for any/all expenses incurred by Contractor prior to the issuance of the Notice to Proceed.

1. The District and the selected contractor will each be supplying certain equipment and materials for this contract. For materials that are provided by the District, the District will inventory those items and make them available for pick-up at a designated location, The

Contractor will be responsible for all materials once they are received from NWASCOPUD.

2. Prior to issuance of the Notice to Proceed, the Contractor shall certify in writing that all major materials, equipment, and components necessary to perform the Work have been procured and are either in the Contractor's possession, under binding purchase order, or otherwise available to meet the Project schedule. Failure to provide the required certification, or the discovery that the Contractor does not have the materials necessary to perform the Work in accordance with the approved project schedule, may constitute sufficient cause for the Owner to delay issuance of the Notice to Proceed, award the Work to another contractor, terminate the

Contract for default, or pursue any other remedies available under the Contract or applicable law.

3. Contractor shall furnish their own material and equipment storage facilities, loading personnel and equipment, and offloading personnel and equipment.

4. Contractor shall be solely responsible for all materials during storage and after installation until acceptance of the work by the District.

5. Contractor shall dispose of all empty reels in an approved and timely manner.

6. The Contractor shall provide all other items including but not limited to restoration materials, select fill, concrete, asphalt, consumables, equipment, tools, grass seed, vegetation, straw, gravel, aggregates, rip rap, erosion control materials, foam, duct sealant, and all other materials and incidentals necessary for complete installation. Materials provided by Contractor shall comply with specifications and requirements provided by the District or other agencies having jurisdiction of the area. T the District will not reimburse Contractor for such materials used. Any restoration because of Contractor's activities is considered part of the work operation.

7. Contractor shall supply only materials specifically approved for this Contract, or that have been listed as an "approved" item as presently shown in Exhibit C. Contractor may elect to submit to the District for approval of materials supplied by other vendors. Contractor will not be allowed to extend any extensions of time for delays necessary for approval of materials.

8. All units include labor, equipment, and materials not provided by owner or as listed as

Contractor provided materials in the Work Order. Contractor may seek reimbursement for materials not commonly associated with units, with written approval, which will be paid at cost plus 10%. Contractor must supply an invoice which will be paid at cost plus 10%. Contractor shall not seek reimbursement for materials not specifically associated with work order, unless written approval is provided by The District.

Traffic Control

l. Contractor shall always exercise reasonable and due care under the circumstances in managing and controlling the flow of traffic through work zones. Contractor shall indemnify parties for any failures by Contractor to exercise such care.

2. Contractor shall conform to all traffic controls as required by the jurisdictional authority, the permits, and THE DISTRICT. Contractor shall coordinate with the appropriate jurisdictional authority and incur all costs of law enforcement or other jurisdictional personnel.

3. Contractor shall coordinate and pay for all necessary police protection for traffic control according to and as requested by the jurisdictional authority or as instructed by the District field representative.

4. Contractor shall be responsible for the safety of the public and shall always give right of way to all other vehicular traffic on the Roadway. Contractor shall not detour traffic, close a lane, or impede traffic flow without approval from the jurisdictional authority or local police.

5. Contractor shall furnish all signs, barricades, barriers, cones, drums, warning lights, flag persons or other devices that are required and obtain all necessary approvals from the appropriate jurisdictional authorities. Contractor shall maintain a log and provide the District with a copy of the log containing such approvals obtained on a weekly basis. Contractor will not be reimbursed for obtaining any necessary traffic control devices or personnel required for traffic control and/or safety requirements. Proper traffic control and safety are considered part of the work operation.

6. Contractor shall be solely responsible to conform to all traffic control requirements contained in the Contract Documents, and in accordance with all federal, state, and local requirements, as applicable. the District may declare Contractor to be in default if Contractor commits an act of gross traffic control negligence, or fails to comply with the traffic control requirements, or does not immediately correct traffic control deficiencies as directed by the

District.

7. In the event of ongoing failure of the Contractor to conform to all applicable traffic control requirements, the District may issue a stop work notice. This stop work notice will continue until such requirements have been achieved. Contractor shall not be entitled to compensation in time or money for time lost during this stop work order. If Contractor further continues to violate traffic control requirements, the District reserves the right to terminate this

Contract.

8. All work operations including paving, rolling, grading, supplying of material and the travel of supervisory personnel shall always be in the direction of normal traffic.

Protection of Right-of-Way (ROW)

l. Right-of-way lines provided on the construction drawings are for informational purposes only. Contractor shall be responsible for the repair of any damage to the right-of-way, sidewalks, roadways, utilities, or any other public or private property damaged by Contractor's forces.

2. Contractor shall be responsible for the safety and protection of the public and of public and private property on and around the construction sites during the Contract operational period.

Contractor shall notify the District representative immediately of any damage to any public or private properties on or around construction sites. All protection measures are considered part of the work operation.

3. Contractor shall protect all Contractor installed materials until the District's acceptance.

4. Contractor shall repair all damage caused by his negligence. In the event damage is irreparable, Contractor shall remove and replace such items at no additional cost to the District.

Daily Project Cleanup Requirements

l. Contractor shall maintain a clean and hazard free work area including, but not limited to, daily removal of all spoils and sweeping of all affected roadway and sidewalk areas. All such operations are considered part of the work operation.

2. Contractor shall remove from the site and dispose of all spoil, waste, and other unused excavated materials in accordance with all Federal, State, Local, OSHA, EPA and ODOT standards and regulations.

3. Where excavation is required in asphalt areas, restoration shall be completed immediately and before removal of traffic control. Contractor shall not leave any sections of the trench open during non-work hours. Contractor shall backfill all segments of the trench in adherence with the trench standards.

4. As necessary, Contractor shall cover the excavation with steel plating. Steel plates shall be a minimum one inch (1") thick, spiked down in the corners, shimmed to prevent rocking, and cold patched around the edges. Plate installation shall be subject to final approval by OSHA, ODOT, the District, and the jurisdictional authority.

5. Contractor shall store all equipment, tools, material in a manner so as not to inhibit traffic flow or parking during working or non-working hours. All staging areas must receive final approval from the District and other jurisdictional authorities the District shall assume no responsibility for Contractor's equipment or materials. Security for the job areas is the responsibility of the Contractor. Contractor shall comply with the security requirements of the right-of-way owner, or other jurisdictional authorities.

6. No material, equipment, or refuse shall be stored in any recovery zones of all roadways.

A recovery zone shall be defined as an area where vehicular traffic may leave the roadway without protection. Contractor shall verify the location of recovery zones with the District and the jurisdictional authority. All restoration in recovery zones shall be performed immediately following installation. All unused materials and empty reels shall be removed from jurisdictional right-of-way daily.

Permits

l. The District shall secure the required permits for federal, state and local rights-of-way.

Delays in the progression of work caused by the District’s acquisition of permits shall be excusable but not compensable. The District will obtain the necessary permits for placing its facilities in any wetlands or other federally mandated areas.

2. Prior to the start of work, Contractor shall obtain and pay for all permits required for

Contractor's construction operations including but not limited to contractor's licenses, construction bonds, transportation, traffic control, equipment, labor and or other general permits.

3. Contractor's employees shall limit their activities to the construction site and rights-of-way covered by permits. Trespassing in other areas shall not be permitted.

Inspection and Acceptance

l. All work shall be subject to the inspection and approval of the District, and other governing agencies having jurisdiction. Contractor shall schedule the work and provide adequate notifications to comply with all requirements for inspection.

2. The District 's representatives shall inspect workmanship and progress of work being performed. Where workmanship or installation deficiencies are observed, the District's representative shall prepare a written list of these deficiencies and discuss them immediately with the Contractor's Supervisors/Project Manager. Contractor shall then take measures to immediately and expeditiously correct any written deficiencies to the satisfaction of the

District’s representative without impacting the installation schedule at no additional cost to the

3. At the District’s discretion, and upon notification to the District by Contractor of completion of the work, the District representative, the Contractor's representative and a representative of the jurisdictional authorities shall jointly perform a "walk through" inspection of the work. The District Representative shall, during this inspection, prepare a punch list of observed deficiencies. Contractor shall then correct all deficiencies in a timely manner.

Acceptance shall be granted when all deficiencies have been corrected to the satisfaction of the

District and all jurisdictional authorities.

Environmental Conditions

l. Contractors shall install any required erosion control prior to construction activities.

Contractor shall be responsible for the costs of all erosion and sediment controls.

2. All…