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HomeMy WebLinkAbout2006 NS Contract - Buckhorn Rd EDD/Gravelly Hill Water/Sewer Project - Mebtel Telephone Service LinesORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2006 Action Agenda Item No. .~- ~ SUBJECT: Buckhorn Road EDD/Gravelly Hill Water/Sewer Project -Relocating MebTel Telephone Service Lines from Water/Sewer Path DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contract to Relocate Telephone Lines INFORMATION CONTACT: Paul Thames, County Engineer 919-245-2303 PURPOSE: To consider approving a contract with MebTel Communications for relocating existing telephone lines along the north side of West Ten Road to prevent interference with the construction of the County's Buckhorn Road EDD/Gravelly Hill Water/Sewer project. BACKGROUND: During the existing utility location/surveying/design process for the Buckhorn EDD utility project, Coulter Jewell Thames (CJT), the County's project engineering consultant, discovered that there were numerous telephone cables installed in and along both the north and south shoulders of West Ten Road between (and beyond) the Gravelly Hill Middle School site and Buckhorn Road. The presence of at least three discrete cables in the southern shoulder with only one in the northem shoulder, was the primary factor in developing a project design in which both the water and sewer lines would be installed in a common trench and that trench would be located in the northern shoulder of West Ten Road. CJT determined that MebTel was the owner of the cable in the northern shoulder and then contacted MebTel to discuss various strategies for working around the existing telephone cable. MebTel indicated that the only strategy satisfactory to them would be for the cable to be removed/ relocated by its own construction crews with the cost of that work (approximately $37,000) being borne by the water/sewer project owner. CJT informally consulted with several utility contractors to evaluate the efficacy of having MebTel remove the telephone cable as opposed to having the water/sewer project contractor work around the cable. CJT determined that it was advantageous in terms of expenditures of funds and construction time to have MebTel relocate the telephone cable and has recommended that the County pursue having MebTel relocate the cable. Completion of that work is critical to getting water and sewer lines in the ground as soon as possible, in light of the scheduled opening of the new middle school in August 2006. FINANCIAL IMPACT: The proposed contract for the relocation of the telephone lines is $36,830. Funding to cover the cost of this contract has been included in the capital project ordinance presented for adoption by the BOCC elsewhere on this May 4 agenda. Funds will be drawn from the Buckhorn/Efland Sewer project accounts in the same manner as construction, engineering and right-of-way acquisition costs. RECOMMENDATION(S): The Manager recommends that the Board approve the contract to have MebTel Communications relocate the telephone lines along the north shoulder of West Ten Road, subject to final review by staff and the County Attorney, and authorize the Chair to sign the contract. Miscellaneous Constraci:ion Work and Maintenance Services Contract Project :Relocate MebTel facilities on West Ten Road Contractor : Mebtel Communications, Inc. Contractor Work Order No.: 20MEBN0620996 Contract Effective Date :May 5, 2006 Contract Amount $36,830.00 The Contract Amount will be adjusted as a result of additions and subtractions as described in Section I, Paragraph 6. y SECTION I W. O. Number 20MEBN0620996 (Enter this number on all attachments, invoices and related correspondence). This Contract is entered into this 5th hereinafter called "MebTel", day of May, 2006 ,between Mebtel Communications, Inc. and Orange County and its contractor(s) (hereinafter called "Orange County"). , PROJECT 1. Description of work: Relocate Mebtel facilities in NCDOT Right-of--Way on the north side of West Ten Road east of Buckhorn Road Orange County and its contractor has requested MebTel relocate its facilities that exist in the north Right-of--Way of West Ten Road (SR 1144) beginning at Buckhorn Road and continuing east for approximately 4,000 feet. These MebTel facilities are properly located in NCDOT Right-of--Way and MebTel's relocation of these facilities is for the convenience of Orange County and its contractor. Indicate if drawings, specifications, or other further description is attached and made part of this Contract: YES NO X 2. Project includes: Construction X Maintenance 3. Evidence of insurance is required as noted in Section 2 Paragraph 23. 4. MebTel will furnish material? YES X NO 5. Work on this Contract will be performed at the following locations: in Orange County, North Carolina. 6. The method of payment for performance shall be: Hourly basis: N/A Lump-Sum : $36,830.00 with additions and subtractions made for differences between units estimated and as-built units, such changes which have been mutually agreed upon in writing. Amendments to affect contract price changes shall be based on changes in the estimated units and unit cost shown on the Attachment of Detail Sheet and the unit prices listed there. The Attachment of Detail Sheet for Mebtel Project 20MEBN0620996 is attached as Exhibit 3 and incorporated as part of this agreement. Unit basis Unit prices shown in Exhibit 3 are provided by MebTel solely for the purpose of malflng adjustments to the Lump-Sum payment in the manner described in the paragraph above and for the purpose of deternuning interim progress payments due. 7. The m;n;mum amount of this Contract shall be $36,830.00 Before any and all additions as provided for in Paragraph 6 above. Payment shall be due and payable in accordance with the following schedule: Payment in full ten (10) days after presentation of an invoice showing the Lump-Sum payment above, adding or subtracting the net of changes made as described in Paragraph 6. Invoices are to be submitted to: A dully-executed Certificate of MebTel and Indemnity Agreement (attached hereto as Exhibit 4), shall accompany the final invoice prior to payment being made. 8. MebTel shall begin performance of this Contract no later than May 15, 2006 and shall complete performance no later than June 14, 2006. t! SECTION II -GENERAL PROVISIONS 1. Notification of Ininry or Damage: MebTel shall promptly notify Orange County of any injury, death, loss or damage to persons, animals, or property which is in any way related to the work performed under this Contract, regardless of such occurrence was not caused or contributed to by MebTel or MebTel's employees and agents. 2. Withholding of Payments. Liens: MebTel shall pay each material supplier, if any, within five (5) days after receipt of any payment from Orange County, the amount thereof allowed on account of materials furnished by each material supplier. Orange County may withhold money due for claims from contractors and third parties which might be the subject of reimbursement to MebTel by Orange County. If Orange County is advised that MebTel is not promptly paying material suppliers as set out above, or if Orange County is advised that employees of MebTel are not being promptly paid, then Orange County may withlold such money due as Orange County deems sufficient to insure the obligations incurred by MebTel in connection with the work covered by this Contract will be paid in full. MebTel shall at its expense keep any right of way to Orange County's premises and all property belonging to Orange County and/or the right of way Orange County free and clear of any and all ~of the above mentioned liens and rights of lien arising out of services, labor, equipment, or materials furnished by MebTel or its employees, materiahnen, or contractors in the performance of the Work. If MebTel fails to release and discharge any such claim of lien against the right of way Orange County's premises or the property of Orange County and/or the right of way Orange County arising out of performance of the Work within five (5) working days after receipt of written notice from Orange County to remove such claim of lien, Orange County may, at its option, discharge or release the claim of lien or otherwise deal with the lien claimant, and MebTel shall pay Orange County any and all costs and expenses to Orange County in so doing, including reasonable attorney's fees incurred by Orange County. Alternatively, Orange County may, at its choosing, deduct such costs and fees from MebTel's invoices. 3. Changes in Proiect: Orange County may not make changes in the Project by altering, adding to or deducting from the Project once MebTel has ordered material,. subject to any necessary agreement regarding additions to the purchase price as provided herein. All adjustments in the contract price by reason of any addition to the contract shall be agreed to in writing by the parties prior to commencement of the actual work in connection with such change. Orange County may not terminate work to be performed under this contract once MebTel has ordered the material for the project. .MebTel shall recover from Orange County as complete and full settlement of all amounts due to MebTel 4. Scheduled Completion Date(s): In the event that a schedule change results in a material increase in cost or a material delay to MebTel, MebTel shall be reimbursed for such additional cost and its time for performance under this contract shall be extended by the length of any delay caused by such schedule change. MebTel's time for performance under this contract shall also be extended by the length of any delay caused by: act of God; including fire or flood; lack of or delay in transportation (not caused by a failure of MebTel to order correct materials on a timely basis given normal delivery schedules); waz or civil disorder; strikes or other labor disputes; or the failure of a third party to grant any necessary underlying rights to Orange County (provided that MebTel has made timely and reasonable commercial efforts to obtain the same). In the event that MebTel claims an extension under this paragraph, it shall notify Orange County in writing of the existence of the event relied on and the cessation or termination of said event, and shall exercise reasonable commercial efforts to minim;~e the time of any such delay. 5. Standards of Work: All .work performed under this Contract shall conform to applicable current MebTel standards and specifications. MebTel shall furnish and be responsible for all supervision, labor, tools, equipment, power, transportation, material, and supplies required to perform the work. MebTel shall pick up and transport such material and equipment from its place of storage to the job site as needed 6. MebTel Employees: MebTel shall employ only competent people and shall not employ any unfit person or anyone not skilled in the work assigned to him. MebTel shall enforce strict discipline among employees. MebTel represents that all. individuals provided by it under this Contract have received such training as is required under the Occupational Safety and Health Act ("OSHA"), are knowledgeable of hazards encountered in such construction involved in this contract, and how to safely deal with such hazards, and have been expressly instructed to comply with all OSHA standards in performing work under this Contract. MebTel shall provide any and all personal protective equipment ("PPE") and associated training to its employees that may be necessary to perform work under this Contract. MebTel shall maintain all records necessary to document training and compliance with OSHA for those individuals it provides under this Contract. MebTel shall provide such documentation to Orange County upon request. All persons employed by MebTel to perform services hereunder shall be employees solely of MebTel and shall not be agents or employees of Orange County. 7. Work Premises: MebTel agrees to keep the work premises clean and orderly in a manner satisfactory to NCDOT and to restore the work area in a manner satisfactory to NCDOT, property owners, and governmental authorities. MebTel further agrees to remove all such waste material and rubbish on termination of the work, together with all his tools, equipment, machinery, and surplus materials. MebTel also agrees on terminating work at the site, to promptly conduct general clean-up operations. 8. Provision of Materials: -All materials and equipment shall be furnished by MebTel. 9. Laws and ReQUlations: MebTel shall comply with all Federal, State, and Municipal Laws, ordinances and regulations and. building and construction codes applicable to the performance of the work and give all notices that may be required by such governmental agencies. If MebTel observes that the work to be performed is at variance with any law, ordinance, regulation or building, or construction code, he shall promptly notify Orange County. MebTel shall follow the instructions of Government officials regarding maintenance of traffic and protection of the public. MebTel shall obtain a copy of regulations or permit requirements of the appropriate highway and road authorities and make all employees aware of these regulations. Upon request of Orange County, MebTel shall provide such certificates and other evidences of compliance with such federal and state laws as maybe applicable to the project. 10. Environmental Protection: MebTel shall perform work in such a manner as to m~x;m;ze preservation of beauty and conservation of natural resources, and minimize marring and scarring of the landscape and silting of streams. MebTel shall not deposit trash in streams or waterways, and shall not deposit herbicides or other chemicals or their containers in or near streams, waterways or pastures. MebTel shall follow, under the general direction of Orange County, the criteria relating to environmental protection as specified herein by Orange County. 11. Inspection of Work: Orange County may maintain inspectors at the job site, and to further assure compliance with the plans and specifications. 12. Service Pipes and Underground Structures: MebTel at MebTel's expense shall locate any pipes, conduits or other underground structures or obstructions which are in the way of the construction, whether or not any work plans omit to show or purport to show their locations. All such property damaged in the course of the Work shall be repaired by MebTel. 13. Protection of Property and Dnty of Safe Performance: MebTel shall at all times take all reasonable precautions to protect all persons and property, including property of Orange County, such as, but not limited to, material, supplies, or other equipment which may be issued to MebTel as required to complete the work to be performed under the terms of this Contract and to take all reasonable and necessary precautions to prevent damage, loss, or theft of such items of Orange County property assigned to him. At the completion of the assigned work, MebTel agrees to promptly return all used and unused material and supplies of Orange County, and MebTel agrees to reimburse Orange County for the actual cost to replace any such items which are lost, damaged, or pilfered while such items were in the custody or care of MebTel or his employees or subcontractors. Orange County shall have the right to deduct the cost thereof, then or later, from payment due MebTel, Orange County's decision as to the amount of such cost shall be final. MebTel shall take prudent and proper precautions to ensure the safety of all employees and other persons whom the work might affect, and to take prudent and proper measures regarding all work performed and materials incorporated in the project, including the affect on all property and improvements of the work site and adjacent thereto by complying with all applicable- laws, ordinances, rules, regulations, and orders. 14. Default: Events of default shall include, but not be limited to, a material breach of any material provision hereof, the making by MebTel of a .general assignment for the benefit of its creditors, the filing of a voluntary petition in bankruptcy or the filing of a petition in banluptcy or other insolvency protection against MebTel which is not dismissed within thirty (30) days thereafter, or the filing by MebTel of any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution, or similar relief. 15. Remedies Uuon Default: If default shall be made by MebTel in the performance of any~of the terms of this Contract, Orange County, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon MebTel a written notice requiring MebTel to cause such default to be corrected forthwith.. Unless within ten (10) days after the service of such notice upon MebTel such default shall be corrected or arrangements for the correction thereof satisfactory to Orange County shall be made by MebTel, Orange County may, without waving any other remedies against MebTel, elect to take over the construction of the Project and prosecute the same to completion by contract or otherwise for the account and at the expense of MebTel, and MebTel shall be liable to Orange County for any cost or expense in excess of the contract price occasioned thereby. In such event Orange County may take possession of and utilize, in completing the construction of the Project, any materials, tools, supplies, equipment, appliances, and plant belonging to MebTel that may be situated at the site on the Project. Orange County in such contingency may exercise any rights, claims, or demands which MebTel may have against third persons in connection with this Contract and for such purpose MebTel does hereby assign, transfer, and set over unto Orange County all such rights, claims, and demands. In addition to the specific remedies provided above, upon any default by MebTel, Orange County may pursue any legal remedies it may have under applicable law or principles of equity relating to such default, including liquidated damages as provided below. 16. Liquidated Damages: Time is of the essence in the performance of the Froject by MebTel. MebTel further acknowledges that a delay in performance of Work by MebTel within the time permitted or in the manner provided for in this Contract will subject Orange County to substantial costs, the exact amount of which is difficult or impossible to determine. Therefore, MebTel agrees that in the event of any delay in the performance of Work by MebTel within the time permitted or in the manner provided for in this Contract (giving effect to any extensions under II. 4 above), MebTel agrees to pay to Orange County one thousand dollars ($1,000) for each calendar day of delay in completion of the Work. The payment of such damages shall not release MebTel from its obligations to otherwise fully perform under this Contract. Upon request by Orange County, MebTel shall frnish to Orange County such evidence as Orange County may require confirming MebTel's ability to fully perform under this Contract in the manner and within the time permitted. 17. Indemnification: MebTel agrees to indemnify and hold harmless Orange County from any and all claims, actions, or causes of action to the extent the claimed loss or damage arises out of MebTel's negligent performance or non-performance of the work herein contracted to be done, whether such claims, actions, or causes of action are alleged to be the results of any act or omission of MebTel, its subcontractors, agents, servants, employees, or any or all of them and regardless of the fact that the work may have been completed and accepted by Orange County and regardless of the fact MebTel may have received payment for work Orange County shall promptly notify MebTel in writing of any such claims, actions, or causes of action and give MebTel full opportunity and authority to assume the sole defense and settlement thereof so long as MebTel provides Orange County with periodic status updates thereof. Orange County shall furnish to MebTel upon request all information available to Orange County for defense against any claim, action, or cause of action. 18. Assignment: MebTel may not assign or otherwise transfer, by operation of law or otherwise, any of its rights or obligations under this Contract including not subcontracting this Agreement to any other Party without the express written consent of Orange County. Orange County may assign or otherwise transfer its rights or obligations under this Contract without the express written consent of MebTel in connection with: (i) any disposition of all or substantially all of the assets of Orange County; (ii) any merger, consolidation or reorganization of Orange County; (iii) any assignment, in whole or in part, to any subsidiary, parent company, affiliate or any other entity under common ownership or control with Orange County; (iv) any collateral assignment, security interest or pledge of this contract to a lender. Orange County may not otherwise assign this any of its rights or obligations under this Contract without the express written consent of MebTel. 19. Audit Rights: MebTel shall maintain for a period of two (2) years after final payment under this Contract, all records and accounts pertaining to Work performed for a unit price Contract Price, a reimburse Contract Price, or otherwise authorized in writing by Orange County for performance on a reimbursable basis. During the course of the Work and for two (2) years following the completion of the Work, Orange County shall have the right to audit, copy and inspect said records and accounts at all reasonable times for the purpose of verifying units furnished and reimbursable costs incurred, as applicable. 20. Conditions And Risks Of Work: MebTel represents that it has carefully examined the Drawings and Specifications for the Work and has fully investigated and acquainted itself with all conditions on the right of way relevant to the Work, and its surroundings. MebTel assumes the risk of such conditions and, regardless of such conditions, the expense; and difficulty of performing the Work, will fully complete the Work for the stated contract unit prices without further recourse to Orange County. Information on the site of the Work and local conditions at to such site which may have been furnished by Orange County is not guaranteed with respect to accuracy by Orange County and is furnished only for the convenience of MebTel. 21. Interpretation: The parties hereto agree that the terms and provisions of this Contract shall be construed fairly as to all parties hereto and not in favor of or against any party, regardless of which party was generally responsible for the preparation of this Contract. 22. Insurance: Prior to commencement of the Work. and at all times during the performance of the Work, MebTel shall secure and maintain insurance from companies lawfully approved to do business in the state where the construction will be performed and with a~ AM Best financial rating of B+13 or better and provide Orange County with an insurance certificate confirming compliance with this requirement for each policy providing such required coverage. Such coverage shall be in the form and amounts set forth as follows: (a) worker's compensation insurance with statutory limits of the state where the Work will be performed; (b) employer's liability insurance with limits of not less than $2,000,000 per occurrence; (c) commercial general liability insurance with limits of not Less than $3,000,000 per occurrence combined single limit for both bodily injury and property damage and providing coverage for: (1) premises and operation; (2) products and completed operations; completed operations coverage shall be maintained one yeaz after the date of final completion of the work; (3) contractual liability; (4) independent MebTel's protective coverage , in the event WFI shall use subcontractors in the performance of this Contract; and (5) hoist and crane liability coverage if the work will involve blasting, underpinning, undermining, excavating, burrowing. (d) automobile liability insurance covering the use of all owned, non-owned, hired and rented motor vehicles with limits of not less than $1,000,000 per occurrence for both bodily injury and property damage. 23. Confidential Information and Ownership Of Documents: Design criteria, performance specifications, and other information obtained by MebTel from Orange County and working Drawings and Specifications prepared by MebTel shall beheld in confidence by MebTel and shall not be used by MebTel for any purposes other than for the performance of the Work or as authorized in writing by Orange County. MebTel agrees that it shall not -make disclosure of any such Confidential Information to anyone except employees and consultants of MebTel to whom disclosure is necessary for the purposes of this Contract, and who have agreed to be bound by the obligations of confidentiality and restrictions on use hereunder. MebTel shall cause its employees and consultants to whom it makes disclosure to observe the obligations of confidentiality and restrictions on use in accordance with this Contract. All such documents famished by Orange County to MebTel and documents prepared by MebTel shall become the property of Orange County; and upon completion of the Work or eazlier upon termination of this Contract or when requested by Orange County, MebTel shall return to Orange County all such documents including any copies thereof. 24. Pnblici :MebTel nor any of its subcontractors shall not make news releases, publicize, or issue advertising pertaining to the Work or this Contract without first obtaining the written approval of Orange County. 25. Applications For Payment: Each application for payment shall also include a statement of the Work performed by MebTel during such month, including production reports and itemization of payment according to unit costs, as well as the project number, route name, and an itemization of any chazges which may be due, all certified as correct by MebTel. Each application for payment shall be verified by Orange County field representative before being submitted for payment. 26. Taxes, Duties, And Fees: MebTel shall pay all taxes, including sales, use, gross receipts, federaUstateflocal income, and all similar taxes, duties, fees, and other assessments of whatever nature imposed by governmental authorities and applicable to the performance of the Work and this Contract. MebTel shall pay or cause to be paid when due, all payroll taxes and contributions which are measured by remuneration paid to persons employed by MebTel or its subcontractors in connection with the Work or which arise by virtue of their employment and which now or hereafter are imposed by any governmental authority. 27. Governing Laws: The rights and obligations of the parties hereto shall be construed and interpreted in accordance with the substantive law of the State of where the Work is being performed without giving effect to its principles for choice of law. 28. Dispute Resolution: All claims and disputes relating to this Contract shall be subject to arbitration in Alaxnance County, North Carolina. Any controversy or claim arising out of or relating to this Contract or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. and judgment of the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. 29. WaiverBreach: A waiver or breach of any of the terms or conditions hereof shall, not be construed as a waiver by Orange County of any subsequent breach. Any consent to delay in the performance of any obligation to be performed by .MebTel shall be applicable only to the particulaz transaction to which it relates and it shall not be applicable to any other obligation or transaction of MebTel. 30. Written Notification: Written notice shall be deemed to have been duly served if delivered in person to an employee of MebTel, to a member of MebTel's firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by ordinary mail to the business address of the employee, firm, or corporation for whom it is intended. 31. Exhibits: The following exhibits are attached and incorporated hereto as part of this contract: Exhibit 1, Exhibit lA, Exhibit 2, Exhibit 3 and Exhibit 4. 32. Miscellaneous: The terms of this Contract or incorporated by referenced addenda may not be modified without the express written consent of both parties. • ~~ 33. Ezecntion in Connteruarts: Telefazed Sisnatures: This Contract may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. This Contract may contain more than one counterpart of the signature page, and this Contract may be executed by the affixing of the signature of each of the parties to one of such counterpart signature pages. All of such counterpart signature pages shall be read as though one, and they shall have the same force and effect as though all of the signers had signed a single signature page. 34. Severability. If any of the provisions of this Contract aze held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted and all other provisions hereunder shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed on the day and yeaz first written above. MebTel Orange County By: By: _ Name: Tom Dreyer Name: Title: President Title: Date: Date: f~ Exhibit 1 ~~ 6d-$i~gk~lE F'!'t 'IJNt Replace MebTel Facilities on West Ten Road This project places approximately 4,000 of direct buried 400 pair and 100 pair copper cable on West Ten Road east of Buckhorn Road. This is depicted on Exhibit lA. The requirements for this project include: • Relocation of all MebTel facilities from the north side of West Ten Road. Exhibit lA (Insert Orange County 11~fap that show the limits of the affected work area) r ~~ Exhibit 2 General Construction Specification Projects along State Right-of--Way The following are general terms and conditions which apply to: • All placements are within North Carolina Department of Transportation Right-of- Way. The placement of facilities on these projects is subject to NC DOT blanket encroachment agreements related to placement of MebTel facilities within the Right-of--Way. The related DOT forms are: o Form R/W 16.3 Blanket Encroachment Agreement: Plowed-in Telephone Cable on Primary and Secondary Road System o Form R/W 16.3A Blanket Encroachment Agreement: Telecommunications Cable Installed by Trenching on Primary and Secondary Road System o Form R/W 16.5 Blanket Encroachment Agreement: Underground Utility Service Connections on Primary and Secondary Road Systems o Form R/W 16.SA Blanket Encroachment Agreement: Aerial Utility Crossings and Taps on Primary and Secondary Road Systems. • Evidence of general liability insurance meeting MebTel minimum requirements, currently $2,000,000 must be in available. This must be in the form of a binder that covers the timeframe for the entire project. • MebTel is responsible for securing all utility locates required along the route in a timely manner to allow construction to proceed without delays. • All cable, pedestals and related material will be provided by MebTel. • MebTel shall restore Right-of--Way or private property disturbed by construction activities on this project to the original condition. Material for any required Right-of--Way or private property restoration shall be provided by MebTel. Any correspondence related to this project should be directed to: Joseph J. Olejar,.III Senior Engineer MebTel Communications olei ari na,mebtel.com 919-563-8141 919-563-4448 FAX .. I. C~ . Ezhibit 3 WA # 20MEBN0620996 JOB TITLE Relocate Cable West Ten -Water Dept ENGINEER ,Ioe oiejar DATE 4/25/2006 ESTIMATE START DATE 6/1/2006 nFT,a ll _ SHEET MATERIAL Amount Unft Cost Material S Unit Cost Labor3 Remove S BFC 400-24 3150 $4.97 $15 655.50 $2.45 $7,717.50 BFC 100-24 900 $2.38 $2,142.00 $2.45 $2,205.00 Restoration 4000 $0.25 $1,000.00 BD7 PEDESTAL 4 $59.00 $236.00 $80.00 $320.00 PED STAKES 4 $10.00 $40.00 $0.00 $0.00 24X36X30 HAND HOLE 0 ~ $550.00 $0.00 $275.00 $0.00 Enter Existin Ped 2 $21.00 $42.00 CONV.OR DIR BORE 2° 420 $14.95 $6,279.00 BM2 Gd To Rod 4 $5.00 $20.00 $23.50 $94.00 SPLICE -Straight (per r 1600 $1.50 $2,400.00 $0.00 ENGINEER 8 $60.00 $480.00 TOTAL $18,093.50 $12,820.00 $0.00 Budgeted Amounts for WA Labor $12,820.00 Material $18,100.00 Taxes $1,270.00 Overheads $4,640.00 Total Gross Addition $36,830.00 ~7 Exhibit 4 CERTIFICATE OF MEBTEL AND INDEMNITY AGREEMENT certifies that he is the f TITLE OR DESIGNATION MEBTEL ~ontract dated MebTel in into between MebTel and age County, for the Relocation of MebTel facilities to and does make this Cert~cate and Indemnity Agreement on behalf of said MebTel in order to induce Orange County to make payment to MebTel, in accordance with the provisions of. the said contract. Undersigned further says that all persons who have famished labor in connection with of the represented by the Final Invoice dated have been paid in full; that all manufacturers, materialmen and contractors which furnished any materials or service, or both, for the said Project have been paid in full, that no lien has been filed against the Project and no person has any right to claim any lien against the Project. Undersigned further says that if Drange County pays MebTel the contract price for the said Project MebTel will indemnify and hold harmless and does hereby undertake and agree to indemnify and hold harmless Orange County from any claim or lien arising out of the negligence or other fault of MebTel in respect of the performance-of the contract which may have been or may be filed against Orange County. SIGNATURE OF MEBTEL 1 President, Vice-President, Partner or Orange County, or if signed by other than one of the foregoing, Power of Attorney signed by one of the foregoing should be attached. Indicate applicable designation.