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HomeMy WebLinkAbout2019-003 20190227 USIC Locating Services, LLC SERVICES AGREEMENT LESS THAN $25,000 PROVIDER: Locate Holdings Inc.; DBA USIC Locating Services LLC CITY OF PROVIDER'S CONTACT: Anne Bird ,ASHLAND 20 East Main Street ADDRESS: 9045 North River Road, Suite 300 Ashland, Oregon 97520 Indianapolis, IN 46240 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 530-407-5724 EMAIL: AnneBird@usicllc.com This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and: Locate Holdings Inc.; DBA USIC Locating Services LLC, a domestic business corporation ("hereinafter "Provider"), for providing locating and marking services for AFN underground facilities as required by Oregon One Call. 1. PROVIDER'S OBLIGATIONS 1.1 Provide locating and marking services for AFN underground facilities as required by Oregon One Call as set forth in the SUPPORTING DOCUMENTS attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability and • Workers Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage Page 1 of 5: Agreement between the City of Ashland and USIC Locating Service LLC • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject employees. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the proposed fees set forth in the Fee Agreement Worksheet attached hereto as "Exhibit A" as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of the proposed fees without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. Page 2 of 5: Agreement between the City of Ashland and USIC Locating Service LLC 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" The City's written Invitation to Bid -Services dated July 16, 2018. • The Provider's complete written Proposal dated July 23, 2018. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the Page 3 of 5: Agreement between the City of Ashland and USIC Locating Service LLC SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Subsection 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date") and shall continue in full force and effect until July 1, 2019, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Ashland Fiber Network Attn: Donald Kewley, AFN Operations Manager 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2316 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Page 4 of 5: Agreement between the City of Ashland and USIC Locating Service LLC Phone: (541) 488-5350 If to Provider: USIC Locating Services LLC Attn: Anne Bird, Business Development Manager 15500 SW 72"d Ave., Suite 100 Portland, OR 97224 Phone: 503-407-5724 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9. 1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. Page 5 o1'5: Agreement between the City of Ashland and USIC Locating Service LLC IL IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: USIC Locating Services LLC (PROVIDER): S~A, By: By: S' ature S ature ark Welch d~xav STttzd AA- Printed Name Printed Name Administrative Services Director Title Title Of/iy/zla Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 5: Agreement between the City of Ashland and USIC Locating Service LLC I !f "'ROTECTING INFRASTRUCTURE USIC PRICING BID FOR ASHLAND FIBER NETWORK Pricing Proposal for locating and painting services for underground facilities • Per One Call Ticket $16.00 • Project $13.00 Per i4 Hour • Watchdog's $13.00 Per'/4 Hour • After Hour Emergencies $35.00 Flat Fee Above pricing will have a limit of liability of $3,500 Pricing Definitions Per One Call Ticket - All tickets received from the Oregon One Call. Each ticket granted 30 minutes of locating time. Project Rate - If locating the Ashland Fiber Network utility exceeds thirty minutes, the ticket will then be billed the proposed per'/4 hour Project Rate starting after the first thirty minutes of locating time. Watch Dog - If Ashland Fiber Network requests that a USIC technician to be onsite to ensure the protection if the utility during excavation. After Hour Emergencies - This service will be for After Hour Emergency Tickets that are called in between the hours 5:00 P.M - 7:00 A.M, Monday - Friday and all day Saturday & Sunday including Holidays. The fee is a flat fee and total billed for this type of ticket will only be After Hour Emergencies fee identified above. NOTE: We do not charge for travel time. In addition to saving money on locating expense, Ashland Fiber Network will experience the added value of using our Professional Damage Prevention Services. OUR VALUE PROPOSITION INCLUDES: • Basic Economic Value Summary • Risk Management Summary • Advanced Technology Summary USICI_I_C con) PROTECTING INFRASTRUCTURE July 23, 2018 City of Ashland, AFN Service Center 90 N. Mountain Avenue Ashland, OR 97520 Attn: Donald Kewley, AFN Operations Manager Re: Ashland Fiber Network locate and painting services for underground facilities - BID We are very pleased to have the opportunity to provide a proposal of services to Ashland Fiber Network. We have prepared and attached a very aggressive proposal for your review. In making your decision, we request that you consider the following success factors when outsourcing with USIC: • As America's leading provider of locating services, USIC has earned the reputation for superior quality and performance; • "Safety First" is one of USIC's most important fundamentals, with a focus on new and better ways to be both safe and productive. • We offer the leading edge locating technology tools and larger coverage in the industry. • USIC is already visiting 100% of every locate with in the Ashland Fiber Network Footprint We would like to thank you again for the opportunity to submit a proposal of services. We are confident that your Selection Team will look closely at the value USIC offers while significantly reducing the risk to the Ashland Fiber Network infrastructure. Should you have any questions regarding our proposal submittal, please do not hesitate to contact Anne Bird at (503) 407-5724, or via email at annebirdLt~usicinc.coin. We also welcome you to view our website at www.usicllc.com Sincerely, Aw 9!&d Anne Bird Business Development Manager C: 503-407-5724 15500 SW 72"d Ave., Suite 100 Portland, OR 97224 p1S":CLI.rj,C.rtj! USICLLC com Jas N'th RNCI r ad "I : ;~4U PROTECTING INFRASTRUCTURE USIC PRICING BID FOR ASHLAND FIBER NETWORK Pricing Proposal for locating and painting services for underground facilities • Per One Call Ticket $16.00 • Project $13.00 Per '/4 Hour • Watchdog's $13.00 Per'i/4 Hour • After Hour Emergencies $35.00 Flat Fee Above pricing will have a limit of liability of $3,500 Pricing Definitions Per One Call Ticket - All tickets received from the Oregon One Call. Each ticket granted 30 minutes of locating time. Project Rate - If locating the Ashland Fiber Network utility exceeds thirty minutes, the ticket will then be billed the proposed per'A hour Project Rate starting after the first thirty minutes of locating time. Watch Dog - If Ashland Fiber Network requests that a USIC technician to be onsite to ensure the protection if the utility during excavation. After Hour Emergencies - This service will be for After Hour Emergency Tickets that are called in between the hours 5:00 P.M - 7:00 A.M. Monday - Friday and all day Saturday & Sunday including Holidays. The fee is a flat fee and total billed for this type of ticket will only be After Hour Emergencies fee identified above. NOTE: We do not charge for travel time. In addition to saving money on locating expense, Ashland Fiber Network will experience the added value of using our Professional Damage Prevention Services. OUR VALUE PROPOSITION INCLUDES: • Basic Economic Value Summary • Risk Management Summary • Advanced Technology Summary USICLLC com '304!, Nofth Rivoi Road Slnto 300 Indianapolis IN 46240 . l Jim[ ROTECTING INFRASTRUCTURE • Professional Services Summary BASIC ECONOMIC VALUE • USIC currently visits every job site already for other utility clients creating economies of scale that cannot be matched internally or by any other vendor. Locating One Utility Start of Day End of Day Locating Multiple Utilities Start of Day End of Day Drive Time Locate Time RISK MANAGEMENT • USIC investigates every damage occurrence. Reports Upon Request • USIC uses a CDI (Certified Damage Investigator) to investigate and prepare reports. • Each report includes pre and post dig photos and all pertinent documentation. All reports are prepared electronically and uploaded through wireless technology. • All damage reports made available for use in claims recovery efforts - Damage reports enables you to recover all damage expense from either the locate vendor or from the excavator. ADVANCED TECHNOLOGY • USIC utilizes an in-house proprietary `real time' ticket management system (TicketPro) that reflects 30 plus years of locating experience. The depth of TicketPro cannot be matched by any `off the shelf ticket management system. • USIC technicians work their ticket load in a real time, paperless environment (creating even more labor related efficiencies). • Ashland Fiber Network will have direct, real time access to our ticket management system (Customer Portal). Ashland Fiber Network will have ability to: View tickets as they come in from the Oregon One Call service "Real-Time" A Quickly identify when ticket is due and if completed, time it was completed and what was located. Query any ticket by ticket number A View all post locate photo's attributed to that located USICLLC com •1. PROTECTING INFRASTRUCTURE v Additional information package available upon request. PROFESSIONAL SERVICES • Ashland Fiber Network increases labor support. • Ashland Fiber Network increases labor management in terms of Supervisors, District Managers, Senior Directors and VP of Operations. • Technician support also includes a Claims Manager, a Quality Manager, a HR Specialist and a Key Accounts Manager + Accurate and timely locates to include pre-dig photographs to assist in damage recovery. • USIC uses the latest technology and works `real time' in a paperless environment to ensure data integrity. • USIC encourages regular performance meetings with Ashland Fiber Network • USIC is engaged nationally in the prominent industry association and legislation (to include the Common Ground Alliance (CGA) and National • Utility Locating Contractors Association (NULCA). We also track and invest in the latest locating technology. • USIC provides all labor and materials to include all after hours emergencies, weekends and holidays. We manage the work, you manage us. • USIC provides Ashland Fiber Network all data and tools necessary to professionally manage their damage prevention program. Ashland Fiber Network In partnership with USIC Locating Services, LLC USICLLC COrn • ' 00 CERTIFICATE OF LIABILITY INSURANCE GATE(MMIOOIYWY) 61112018 1/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Lockton Companies NAME: CT 444 W. 47th Street, Suite 900 PHONE FAX AIC No Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED INSURERS: Navigators Insurance Company 1382392 ONECALL HOLDINGS, INC. USIC, LLC INSUREac:ACE American Insurance Company DBA USIC LOCATING SERVICES, LLC INSURER D: 9045 N RIVER ROAD, SUITE 300 INSURERE: INDIANAPOLIS IN 46240 INSURER F : COVERAGES CERTIFICATE NUMBER: 15133534 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT 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 BEEN REDUCED BY PAID CLAIMS. INS. TYPE OF INSURANCE POOL SUER POLICY NUMBER MMIDO/YYFYV MM/DDY EXP A X COMMERCIAL GENERAL LIABILITY Y Y GL09441413-03 1/1/2018 1/12019 ENCE S 2,000,000 CLAIMS-MADE N OCCUR ccurrence $ 1 000 000 ffGENE~LAGGREGATE IMITS itim 3M LTR X SIR $2,000.000 ne person) $ XXXXXXX V INJURY S 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: REGATE S $000000 FX~ PRO- JECT LOC MP/OP AGG S 8,000,000 POLICY OTHER: $ A AUTOMOBILELIABUJTY Y Y 13AP9441414-03 1/1/2018 1/12019 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X ANY AUTO BODILY INJURY (Per Person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY (Per accident) $ X'~(~(X'X( AUTOS ONLY AUTO S HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Peraccident $ XXXXXXX B X UMBRELLALUIB X OCCUR Y Y NY18EXC740722IV 1/1/2018 1/12019 EACH OCCURRENCE $ 5,000,000 EXCESS DAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS $ XXXXXXX WORKERS COMPENSATION Y WC9441411-03 DEDI 1/12018 1/12019 X STATUTE ERH A A AND EMPLOYERS' LIABILITY YIN WC9441412-03 RET R Oj 1/1/2018 1/12019 E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNEWEXECUTIVE FN] OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If es, desenbe under E.L. DISEASE. POLICY OMIT $ 1.000.000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL N N 027465286 004 6/112017 6/1/2018 $5,000,000 EACH LIABILITY CLAN/AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remain, Schedule, may be attached if more apace le required) AMERICAN TOWER CORPORATION, ITS SUBSIDIARY AND AFFILIATED COMPANIES ARE ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND UMBRELLA COVERAGE, WHICH Is PRIMARY COVERAGE TO THE ADDITIONAL INSURED AND OTHER AVAILABLE INSURANCE WILL BE NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. SUBROGATION RIGHTS ARE WAIVED IN FAVOR OF THE CERTHOLDER AS REQUIRED BY CONTRACT AND WHERE ALLOWED BY LAW. ALL EVIDENCED PROVISIONS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION 15133534 AMERICAN TOWER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 900 CIRCLE 75 PKWY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN STE 300 ACCORDANCE WITH THE POLICY PROVISIONS. ATLANTA GA 30339 AUTHORREDREPRESENTATIV M ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Purchase Order Mal Fiscal Year 2019 Page: 1 of: 1 'THIS PO NUMBER MUS] APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS ATTN: Accounts Payable Purchase L 20 E. Main 20190227 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Ashland Fiber Network E USIC LOCATING SERVICES, LLC 1 90 North Mountain Ave N PO BOX 713359 P Ashland, OR 97520 D CINCINNATI, OH 45271-3359 Phone: 541/552-2222 O T Fax: 541/552-2436 R O P -hai umber - - - era = Donald Kewle °_rd-satom~a - -t -aaparTm~nTlLacatron 09/21/2018 1652 _ FOB ASHLAND OR/NET30 Cit Accounts Pa able if - Unit Price Extentled Rri AFN Locating Services 1 Locating and marking services for AFN underground facilities as 1 $20,000.0000 $20,000.00 required by Oregon One Call Center. Services Agreement (Less than $25,000) Completion date: July 1, 2019 Project Account: GL SUMMARY 024700 - 604100 $20,000.00 B Date. i Authorized Signature PO Total-- $20,000-00 000.00 FORM#3 CITY OF -ASH LAN D Zte of request: 7-27-2018 REQUISITION Required date for delivery: 8-13-2018 Vendor Name Locate Holdings Inc.; DBA USIC Locating Services LLC Address, City, State, Zip 9045 North River Road, Suite 30; Indianapolis, IN 46240 Contact Name & Telephone Number Anne Bird, 530-407-5724, AnneBird@usicllc.com Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached -(Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Propose! (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award Contract # i ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency (3) Written quotes and solicitation attached. E] Form #4, Personal Services $51K to $75K Contract # n ~s ar . unw ~aceived' bid Intergovernmental Agreement ❑ Special Procurement PERSONAL SERVICES ❑ Form #9, Request for Approval ❑ Agency $5.000 to $75,000 ❑ Written quote or proposal attached Date original contract approved by Council: ❑ Less than $35,000, by direct appointment Date approved by Council: (Date) ❑ (3) Written proposals/written solicitation Valid until: (Date) - (Attach copy of council communication) ❑ Form #4, Personal Services $51K to $75K Description of SERVICES Total Cost Provide locating and marking services for AFN underground facilities as required by Oregon One Call. Not to exceed $ 20,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost s i TOTAL COST ❑ Per attached quote/proposal $ i Project Number Account Number 024700 - 604100 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes No By signing this requisi ion fort t hhe Cit public contracting requirements have been satisfied. Employee: ✓ f ~0 ! Department Head: ` (Equal to or greater than $5,000) Department Manager/Supervisor: / f City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YES, NO FinetiCe DireCtof- (Equal to or greater than $5.000) Date Comments. Form #3 - Requisition CITY OF IFORM#21 ASHLAND INVITATION TO BID - SERVICES INTERMEDIATE PROCUREMENT Release date: July 16, 2018 Requested by: Donald Kewley, AFN Operations Manager City of Ashland, Service Center 90 N. Mountain Avenue, Ashland, OR 97520 Tel: 541-552-2316, Fax: 541-552-2436 donald.kewley(c) ashland. or.its Project Name: Ashland Fiber Network locate and painting services for underground facilities Bids are due prior to: I:OOP-M, Thursdai..\ugust 2. 2018 Bids may be faxed, emailed or hand delivered. Vendors shall submit their bid on company letterhead. Informal email bids and/or late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for the specified services and provide insurance certificates in their own name for General Liability, Automobile and Workers Compensation. Subcontracting will not be permitted. "OR EQUAL Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost differences, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. THE CITY SHALL DETERMINE, IN ITS SOLE DISCRETION. WHETHER A PRODUCT OR SERVICED OFFERED IS "EQUAL." When the designation is "or equal" or "equivalent" City shall make its decision after Bid Closing SERVICE DESCRIPTION j ` The Ashland Fiber Network (AFN) is requesting bids for locating and painting services of underground facilities (fiber and coax plant) as required by Oregon One Call. Firm prices for these services shall be guaranteed from August 1, 2018 to August 1, 2019. j This contract may be extended for an additional year for a maximum term of two years. i Please provide an official bid on your company letterhead, including the following information: 1. Insurance coverage: Worker's Compensation, Comprehensive and Liability Insurance 2. Price per ticket received 3. Price for after hour call outs 4. Additional fees schedule If you have any questions and/or need additional information, please email Donald at donald.kew'ley(t_7 ashland.or.LIS i Due date and time for submitting bids is I:OOPN1. I bursdaN. August 2018. Late bids will not be considered. Thank you. i Donald Kewley AFN Operations Manager Method ofAward: DRS 279B.070 Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, productfunetionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. I Form #2 - Intermediate Procurement. Invitation to bid AFN Underground Locate Services, Page I of 1, 8/6/2018 !A, l