HomeMy WebLinkAbout2019-214 2020029 Usic Locating Services J
GOODS & SERVICES AGREEMENT
PROVIDER: USIC Locating Services, LLC
CITY OF PROVIDER'S CONTACT: Anne Bird
ASH LAN D
20 East Main Street ADDRESS: 9045 North River Road, Suite 300
Ashland,Oregon 97520 Indianapolis,IN 46240
Telephone: 541/488-5587 PHONE: 503-407-5724
Fax: 541/488-6006
EMAIL: AnneBird @usicllc.com
This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and USIC Locating Services, LLC, a foreign
limited liability company("hereinafter"Provider"),for providing locating and marking services for Ashland Fiber
Network underground facilities as required by Oregon One Call. -
1. PROVIDER'S OBLIGATIONS
1.1 Provide locating and marking services for the City's Ashland Fiber Network underground facilities as
required by Oregon One Call, as more fully 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 goods and 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.
• 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
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• 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 All subject employers working under this Agreement are either employers that will comply with ORS
656.017 or.employers that are exempt under ORS 656.126. As evidence of the insurance required by
this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any
Work under this Agreement.
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.
2. CITY'S OBLIGATIONS
2.1 City shall pay Provider the fees as set forth in that SUPPORTING DOCUMENT entitled"USIC Pricing
Proposal for City of Ashland-AFN,"attached hereto,as 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 thirty thousand U. S. dollars (S30,000) per year without the 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.
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 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.
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3.5 This Agreement may be amended only by written instrument executed with the same formalities as this
Agreement.
3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220, 279B.230 and 279B.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. Subject to the limits of the Oregon Tort Claims
Act, the City shall defend, save, indemnify and hold Provider, it's officers, employees and agents
harmless against any and all claims, suits, actions, losses, damages, and expenses based upon or arising
out of damage or injury (including death) to persons or property caused by the negligent acts or
omissions of the City or its officers, employees or agents under this Agreement. The City shall not be
obligated to indemnify Provider for any damages or expenses incurred as a result of Provider's
negligence or willful misconduct. -
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.
3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the
Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the
Goods by the City. Provider remains liable for latent defects, fraud, and warranties.
3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require
Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider
does not cure any defects within a reasonable time, the City may reject the Goods and cancel this
Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its
rights under the Uniform Commercial Code, ORS Chapter 72 (UCC).
3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the
manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from
defects in labor,material and manufacture. Provider shall transfer all warranties to the City.
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4. SUPPORTING DOCUMENTS
The following documents are attached hereto, by this reference expressly incorporated into this Agreement,
and are collectively referred to herein as the "SUPPORTING DOCUMENTS:"
• The City's written Invitation to Bid from Donald Kewley, dated May 14, 2019.
• The Provider's complete written Bid, Re: Ashland Fiber Network locate and painting services
for underground facilities, dated May 22, 2019.
• The Provider's"USIC Pricing Proposal for City of Ashland—AFN"
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 June 30, 2021, 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 cornier, 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: AFN Operations Manager
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 552-2316
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With a copy to:
City of Ashland—Legal Department
20 E.Main Street
Ashland, OR 97520
Phone: (541) 488-5350
If to Provider:
USIC Locating Services,LLC
Attn: Contracts Department
9045 North River Road, Suite 300
Indianapolis,IN 46240
Phone: (317) 575-7800
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.
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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):
By: �/.. By:
C-7417 City Administrator S� a`l re
tY �
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4(0,116 1141.1.4 51 ►644
Printed Name Printed Name
6/• 1'
Date Title
Glz'4l►'
Date
Purchase Order No. (W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Assistant City Attorney
' R244.4 i c2 9
Date
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fRe:'Ashland Fiber Network Request for Bids - Locating and Painting
Services
Old <micah @auulinc.com>
Fri 5/17/2019 1:52 PM
ro Donald Kewley <Donald.Kewley @ashland.or.us>;
Hello Donald,
I have a few questions for this bid. If you could give me a call at your earliest connivence I would appreciate it.
Sincerely,
•
Micah Rushing
Oregon Manager
Advanced Underground Utility Locating Inc.
341-678-0629
Micah auulinc.com
On May 14,2019,at 3:02 PM,Donald Kewley <Donald.Kewley @ashland.orus> wrote:
•
Hello
The City of Ashland Fiber Network is requesting bids for locating and painting services for our
underground facilities (fiber and coax) as required by Oregon One Call.
Bids are due prior to 1:00 PM,Thursday, May 30, 2019
If you have any questions and/or would like additional information,you are welcome and encouraged
to contact me. •
If you could confirm receipt of this RFQ via email, it would be greatly appreciated.
Sincerely,
• Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave,#141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
rip
USIC PROTECTING INFRASTRUCTURE
May 22, 2019
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 annebird @usicinc.com. We also welcome you to view our website
at www.usicllc.com
Sincerely,
nmte void
Anne Bird •
Business Development Manager
C: 503-407-5724
15500 SW 72nd Ave., Suite 100
Portland, OR 97224
USICLLC.COM
USICLLC.com 1 9045 North River Road,Suite 300 I Indianapolis,IN 46240
•
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OUR VALUE PROPOSTTION INCLUDES:
• Basic Economic Value Summary
• Risk Management Summary
• Advanced Technology Summary
• 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 r
Start of Day L I l C I{ 'I [1 ICI U IL_I L_s End of Day
Locating Multiple Utilities
Start of Day. r'I I f II I I I ' U I I I If 1 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).
9045 North River Road,Suite 300 l Indianapolis,IN 48240
Phone:(317)575-7800 I Fax:(317)663-0708
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USICLLC.001
USIC PRICING PROPOSAL FOR CITY OF ASIILAND-AFN
Pricing Proposal
• Per One Call Ticket $16.96
• Project $13.78 Per''/4 Hour
• Watchdog's $13.78 Per'/Hour
• After Hour Emergencies $50.00 Flat Fee
• Damage Investigation $150.00 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 City of Ashland-AFN utility exceeds thirty minutes,the ticket will then be
billed the proposed per 1/4 hour Project Rate starting after the first thirty minutes of
locating time.
Watch Dog—If City of Ashland-AFN 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.
Damage Investigation—An investigation fee for each investigation and written report thereof, which it
provides to the City of Ashland-AFN, unless such report concludes or the parties
ultimately agree that the report involves At Fault Damages.
In addition to saving money on locating expense, City of Ashland-AFN will experience the added value
of using our Professional Damage Prevention Services.
9045 North River Road,Suite 300 I Indianapolis,IN 46240
Phone:(317)575-7800 I Fax:(317)663-0708
a
AMENDED ANNUAL REPORT
b€_,� E-FILED
9 Corporation Division May 16, 2019
`_4l_ www.filinginoregon.corn OREGON SECRETARY OF STATE
REGISTRY NUMBER
111539391
REGISTRATION DATE
05/22/2015
BUSINESS NAME
USIC LOCATING SERVICES, LLC
BUSINESS ACTIVITY
PRE-DIG UNDERGROUND UTILITY LOCATING
MAILING ADDRESS
9045 N RIVER RD STE 300
INDIANAPOLIS IN 46240 USA
TYPE
FOREIGN LIMITED LIABILITY COMPANY
PRIMARY PLACE OF BUSINESS
9045 N RIVER RD STE 300
INDIANAPOLIS IN 46240 USA
JURISDICTION
INDIANA
REGISTERED AGENT
329227-C T CORPORATION SYSTEM
780 COMMERCIAL ST SE STE 100
SALEM OR 97301 USA
If the Registered Agent has changed,the new agent has consented to the appointment.
MANAGER
ROB TULLMAN
9045 N RIVER RD STE 300
INDIANAPOLIS IN 46240 USA
MANAGER
RYAN HOLT
90 4 5 N RIVER RD STE 300
INDIANAPOLIS IN 46240 USA
Page 1
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ELM Utility ServicesTM
3021 Palmer Street,Suite C
Missoula,MT 59808
Office: 406-728-9343
Toll-Free: 888-728-9343
Fax: 406-327-2940
May 20, 2019
Donald Kewley
City of Ashland
90 North Mountain Avenue #141
Ashland, OR 97520
Dear Donald:
Thank you for the opportunity to respond to your Invitation to Bid for your Locating and Painting
of Underground Facilities Services. We have been in the damage prevention industry since 1991
and have worked very hard to become one of the highest quality damage prevention companies
in the country. We also put a great deal of value in long-standing relationships with our
customers, including our original customer of nearly 28 years. In addition, we are the sole locate
provide for Avista utilities across Oregon, Idaho, and Washington, and have been locating in
Ashland for over a decade.
Rapid changes in the regulatory environment over the last several years have caused us to
recognize the ever-growing importance of quality service and continuous improvement in
damage prevention results. Things do not always go smoothly in this industry, but over time we
have earned our customers' trust by listening, reacting appropriately, and simply doing what we
say we will do. ELM believes very strongly in our approach to protecting underground facilities,
which includes learning from our mistakes, expanding our strengths and providing the best
training and support possible to our field technicians. We would be happy to provide references
if you choose.
Opportunities for improvement lie not only with our ability to prevent hits due to mismarked
lines, but in our ability to help prevent hits overall by becoming an effective partner to the utility
owner through continuous monitoring and communication with the excavation community. We
believe this is most effectively accomplished by being active in organizations they value,spending
extra time developing relationships at the job site,and using creative tools like our LaunchPointTM
suite of products to make communication and management of locate requests more convenient,
clear, & well documented.
ELM is currently active with several associations interested in damage prevention and the public
safety, like AGA and One Call Systems International (OCSI). We also have representation at the
Board and Committee Levels with the Common Ground Alliance (CGA), Nulca and the Gold Shovel
Standard. All of this is done to remain engaged, educated, and responsible at every level within
our company.
I truly am grateful for the opportunity to present this response. It may appear costlier than others
you receive at first glance but our approach to total damage reduction, not just managing our
own liability, is the difference in value to your damage prevention program. We would welcome
the opportunity to have a visit with you and your selection committee personally to discuss our
proposal and why we would be a good fit to become one of the City of Ashland's utility service
partners. Thank you for your time and consideration.
Sincerely,
Josh Hinrichs, President
ELM Utility Services
4
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ELM Utility Services
TM
3021 Palmer Street,Suite C
Missoula,MT 59808
Office: 406-728-9343
Toll-Free: 888-728-9343
Fax: 406-327-2940
Pricing for City of Ashland Fiber Network
Locate and Painting Services for Underground Facilities
Description Proposed Price
-,z
Locate per Ticket $28.58
Hourly
_ $62.00
After Hours Call Outs, per Hour, 1 hour minimum $80.00
Standby& Monitor, during regular hours only, per hour $65.00
*Standby& Monitor would be performed on all fiber count over 36 strand and any other facilities as
defined by company.
ELM also proposes the following liability language be included in the contract if we are awarded this work:
Contractor shall be liable for damages to the property and facilities of Company that result from errors or
omissions on the part of Contractor in locating and marking said facilities according to the standards
contained herein. The annual accumulated value of such liabilities and all claims made by 3rd parties
directly or indirectly associated with such damages shall not exceed $4,300.00 of the total annual
revenues directly associated with this contract. In the event of such loss,Company shall submit a detailed
invoice to contractor setting forth, in specific terms, a description of the loss, including the time and place
of the occurrence leading to said damages and a detailed accounting of the costs associated with the
necessary and reasonable repairs or replacement to the property and facilities of Company. If Contractor
does not dispute Company's claim for damages, it shall promptly pay the invoice for such damages.
Company shall notify Contractor, by calling 888-728-9343 and obtaining a reference number,of such claim
for damage within two (2) hours following Company being notified that damage to their property or
facilities has resulted from an alleged error or emission by Contractor. Unless Contractor is so notified,
Contractor shall be deemed released from any liability for such damage.
•
• A ® CERTIFICATE OF LIABILITY INSURANCE DA 05/20119
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 NAME:CT Ron Coleman
ELM INSURANCE SERVICES LLC ac°NP EMI; (309)671-4321 FAX Not:
60 State St Ste 201 ADDRESS: rcoleman @elmllc.com
Peoria,IL 61602 INSURER(S)AFFORDING COVERAGE MAID ft
INSURER A: Lexington Insurance Company(A)
INSURED INSURERS: National Union Fire(A)
One Call Locators,Ltd.dba ELM Locating
INSURER C: Lexington Insurance(A)
&Utility Services INSURER D: Lexington Insurance(A)
60 State St.Suite 201 INSURER E:
Peoria,IL 61602 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
INSR IADOL SUER POLICY EPP POLICY EXP
LTR TYPE OF INSURANCE MSp SUB POLICY NUMBER IMMIDWYTYYI IMMNO/YYYYI LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR PREMISES(EaEoccurrrence) $ 1,000,000
MED EXP(My one person) $ 5,000
A Y Y 021458383 01/01/19 01/01/20 PERSONAL&ADVINJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY IXIJECT IT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: S
AUTOMOBILE LIABILITY COMBINED'SINGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNED
AUTOS ONLY SCHEDULED
AUTOS Y Y 2820336 01/01(19 01/01/20 BODILY INJURY(Per accident) $
B -$
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY _AUTOS ONLY (Per accident)
$
UMBRELLA MB _ OCCUR EACH OCCURRENCE $ 15,000,000
C X EXCESSUAB CLAIMS-MADE Y Y 021389939 01/01/19 01/01/20 AGGREGATE $ 15,000,000
DED IX RETENTION$ 1,000 S
WORKERS COMPENSATION 1EMOTE I I ER
AND EMPLOYERS'LIABILITY
Y/N
ANY PROPRIETORIPARTNERIEXECUTME E L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory In NH) E L.DISEASE-EA EMPLOYEE$
II yes,deSCabo under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY UNIT S
Prof 8 Pollution Liability 10,000,000
D N N 026030237 01/01/19 01/01/20
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached 11 more apace Is required)
Certificate holder is named Additional insured and Loss payee with respects to Commercial Automobile Policy reference:
2006 Holiday Rambler Motor Home VIn ti 1 RF2B444XB2048136
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
SAMPLE ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I
198 2015 AC D CO ORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
II _
.Re. Ashland Fiber Network Request for Bids - Locating and Painting
Services
Old <micah @auulinc.com>
Fri 5/17/2019 1:52 PM
TO:Donald Kewley <Donald.Kewley @ashland.or.us>;
Hello Donald,
I have a few questions for this bid. If you could give me a call at your earliest connivence I would appreciate it.
Sincerely,
Micah Rushing
Oregon Manager
• Advanced Underground Utility Locating Inc.
-541-678-0629
Micah @auulinc.com
On May 14, 2019, at 3:02 PM, Donald Kewley <Donald.Kewley @ashland.or.us> wrote:
Hello
The City of Ashland Fiber Network is requesting bids for locating and painting services for our
underground facilities (fiber and coax) as required by Oregon One Call.
Bids are due prior to 1:00 PM, Thursday, May 30, 2019
If you have any questions and/or would like additional information, you are welcome and encouraged
to contact me.
If you could confirm receipt of this RFQ via email, it would be greatly appreciated.
Sincerely,
Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave, #141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
■
l
donald.kewley @ashland.or.us
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law
for disclosure and retention. If you have received this message in error, please contact me at(541) 552-2244.
Thank you.
<AMN Locate Services Invitation to Bid 5-19.doc>
•
•
• Fw: City of Ashland - Ashland Fiber Network
Donald Kewley
Fri 5/17/2019 3:07 PM
To Micah @auulinc.com <Micah @auulinc.com>;
Good afternoon,
Per your request the report from 811 is in the email chain below. Let me know if this is what you needed. I look
forward to hearing from you soon.
Sincerely,
Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave, #141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
donald.kewley-@ashland.or.us
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for
disclosure and retention. If you have received this message in error, please contact me at(541) 552-2244.Thank you.
From: DBA- Utility Notification Center<ordatabase @occinc.com>
Sent: Friday, May 17, 2019 3:03 PM
To: Donald Kewley
Cc: ordatabase @occinc.com
Subject: Re: City of Ashland -Ashland Fiber Network
Here you go!
Year: 2019
Class District Company Name Cap Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD
0 DIST CLASS ASHO4 CITY OF ASHLAND EM 142 151 167 207 0 0 0 0 0 0 0 0 667
OUNC MEM FIBER NETWORK
Subtotal for class 0 DIST CLASS OUNC MEM: 142 151 167 207 0 0 0 0 0 0 0 0 667
Year: 2018
Class District Company Name Cap Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD
0 DIST CLASS ASHO4 CITY OF ASHLAND EM 149 116 168 193 168 196 157 142 134 173 106 140 1842
Q
OUNC MEM FIBER NETWORK
Subtotal for class 0 DIST CLASS OUNC MEM: 149 116 168 193 168 196 157 142 134 173 106 140 1842
Cris Jesse
Database Administrator
Utility Notification Center
Tel #: (877) 668-4001
Fax #: (877) 695-2466
Email: ordatabase @occinc. com
305 NE 102nd Ave, Suite 300
Portland, OR 97220
On 05/17/2019 02:51 PM, Donald Kewley wrote:
I am looking to have this work performed by a 3rd Party contractor. We are currently working on an
RFP. Is it possible to get a report for the past 12 months broken down by each month?
Sincerely,
Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave, #141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
donald.kewley_@ashland.or.us
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law
for disclosure and retention. If you have received this message in error, please contact me at(541) 552-2244.
Thank you.
From: DBA- Utility Notification Center<ordatabase @occinc.com>
Sent: Wednesday, May 15, 2019 7:40 AM
To: Donald Kewley
Cc:ordatabase @occinc.com
Subject: Re: City of Ashland -Ashland Fiber Network
Hi Don,
District Code ASHO4 received 1898 billable tickets over the last year (5/15/18-19). Did you just need
this as a one time thing, or do you need to be built in to pull that data on a regular basis?
Cris Jesse
Database Administrator
Utility Notification Center
Tel #: (877) 668-4001
Fax #: (877) 695-2466
Email: ordatabase @occinc.com
305 NE 102nd Ave, Suite 300
Portland, OR 97220
On 05/15/2019 07:13 AM, Donald Kewley wrote:
Is there a report that will show me how many locate tickets were generated for the past
year?
Sent from my Verizon, Samsung Galaxy smartphone
Original message
From: DBA- Utility Notification Center<ordatabase @occinc.com>
Date: 5/9/19 1:12 PM (GMT-08:00)
To: Donald Kewley<Donald.Kewley_@ashland.or.us>, "Bird, Anne"
<AnneBird @usicllc.com>
Cc: ordatabase @occinc.com, "Hashash, Abdulla" <AbdullaHashash @usicllc.com>,
"Marrero, Mike" <MikeMarrero @usicllc.com>, "Noel, Gregory"
<GregoryNoel @usicllc.com>, "Canada, Dominique" <DominiqueCanada @usicllc.com>
Subject: Re: City of Ashland -Ashland Fiber Network
This change has been completed. However, you also have other information in the
system that's based on tickets going to USIC (emergency callouts turned off, locate
number for excavators to call, hours, etc...). Please update the attached Member Form
with any other changes that need to be made, and return it so we can update the
system.
When it comes time to switch back to USIC then you'll need to resubmit a Member Form
that includes all the necessary changes to make that happen. Note that the email
address to use to update your contact information or coverage area is
ordatabase @occinc.com. Please be sure to always include your District Code in any
correspondence.
Thanks!
Cris Jesse
Database Administrator
Utility Notification Center
Tel #: (877) 668-4001
Fax #: (877) 695-2466
Email: ordatabase @occinc.com
305 NE 102nd Ave, Suite 300
Portland, OR 97220
•' On 05/09/2019 12:36 PM, Donald Kewley wrote:
This is only temporary and it's regarding ASH04. The emails can come to me
but it would be best it they were sent to info @ashlandfiber.net until we can
resume utilizing UCIS.
Sincerely,
Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave, #141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
donald.kewley-@ashland.or.us
This email transmission is official business of the City of Ashland, and it is subject to
Oregon Public Records Law for disclosure and retention. If you have received this
message in error, please contact me at(541) 552-2244.Thank you.
From: DBA- Utility Notification Center<ordatabase @occinc.com>
Sent:Thursday, May 9, 2019 8:46 AM
To: Bird,Anne
Cc: ordatabase @occinc.com; Donald Kewley; Hashash,Abdulla; Marrero, Mike;
Noel, Gregory; Canada, Dominique
Subject: Re: City of Ashland -Ashland Fiber Network
Hi Don,
Once we receive a response directly from you we can proceed. You will need
to provide the email address that we should send your tickets to, and the
District Code that this is for.
Thanks,
Cris Jesse
Database Administrator
Utility Notification Center
Tel #: (877) 668-4001
Fax #: (877) 695-2466
Email: ordatabase @occinc.com
305 NE 102nd Ave, Suite 300
Portland, OR 97220
On 05/09/2019 08:41 AM, Bird, Anne wrote:
Hi Cris,
•
I just received a phone call from Don Kewley from AFN (City of
Ashland — Fiber) and they need to discontinue having tickets
• ' • sent to USIC due to budget issues. They are working on that
internally, however, until they can get this taken care, they need
to have their tickets sent directly to them and not to USIC.
Don will reach out to you to confirm. Don, feel free to CC all
included in this email.
Thank you and talk to you soon,
Anne
Live the SAFE-LIFE!
Anne Bird
Business Development Manager
C: 503-407-5724
15500 SW 72nd Ave., Suite 100
Portland, OR 97224
USICLLC.com
USIC PROTECTING INFRASTRUCTURE
Re Ashland Fiber Network - Request for Locating and Painting Services
Starke, Nick <nick.starke @utiliquest.com>
Wed 5/15/2019 9:25 AM
To Donald Kewley <Donald.Kewley @ashland.or.us>,
Thank you!
Utili )ti e ;i►. _. a / Locating, Inc.
Nick A Starke-
Client Solutions Director
nick.starke @utiliquest.com
Mobile:
(770)670-9416
Direct Phone&Fax: (678)
446-3220
2575 Westside Parkway, Suite 100
Alpharetta,GA.30004
On Wed, May 15, 2019 at 12:18 PM Donald Kewley <Donald.Kewley @ashland.or.us> wrote:
We recieved 1800 locate tickets during the past year. I am out of the office today. I will contact you tomorrow regarding the scope.
Sent from my Verizon,Samsung Galaxy smartphone
Original message
From: "Starke, Nick" <nick.starke @utiliquest.com>
Date: 5/14/19 3:28 PM (GMT-08:00)
To: Donald Kewley <Donald.Kewley. ashland.or.us>
Subject: Re:Ashland Fiber Network- Request for Locating and Painting Services
Hello Donald,
Thank you for including us in your RFP process.
Can you please share with us your annual volumes for your Fiber and Coax. We are in the area and would like to
research your requirements. Do you have a Scope of Work you can share with me?
Utili l • t . / Locating, Inc.
Nick A Starke-
Client Solutions Director
nick.starke @utiliquest.com
Mobile:
(770)670-9416
Direct Phone&Fax: (678)
446-3220
2575 Westside Parkway, Suite 100
Alpharetta,GA.30004
On Tue, May 14, 2019 at 5:49 PM Donald Kewley <Donald,Kewley. ashland.or.us> wrote:
Hello,
The City of Ashland Fiber Network is requesting bids for locating and painting services for our underground facilities
(fiber and coax) as required by Oregon One Call.
Bids are due prior to 1:00 PM,Thursday, May 30, 2019
If you have any questions and/or would like additional information,you are welcome and encouraged to contact me.
If you could confirm receipt of this RFQ via email, it would be greatly appreciated.
Sincerely,
Donald Kewley, MBA
AFN Operations Manager
City of Ashland
90 North Mountain Ave, #141
Ashland, Oregon 97520
0:541-552-2244; C:541-951-0316
donald.kewley_@ashland.or.us
•
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for
disclosure and retention. If you have received this message in error, please contact me at(541) 552-2244. Thank you.
This email message, and any documents which may accompany it, contain information which is intended for use only by the
intended recipient(s), and may contain information that is privileged and/or confidential. If you are not the intended recipient of
this message you are hereby notified that any review, disclosure, dissemination, distribution, copy or other use of this message or
its attachments is strictly prohibited. If you have received this message in error, please notify the sender by reply email, delete the
email from your computer and destroy all copies of the communication and any attachments.
•
This email message, and any documents which may accompany it, contain information which is intended for use only by the
intended recipient(s), and may contain information that is privileged and/or confidential. If you are not the intended recipient of this
message you are hereby notified that any review, disclosure, dissemination, distribution, copy or other use of this message or its
attachments is strictly prohibited. If you have received this message in error, please notify the sender by reply email, delete the email
from your computer and destroy all copies of the communication and any attachments.
l J
Purchase Order
,o Fiscal Year 2020 Page: 1 of: 1
geRAti1*-473 -19:ll;AItcaktoxolvi41
B City of Ashland kJ
I ATTN: Accounts Payable Purchase
L Ashland aiOR 97520 Order# 20200029
T Phone: 541/552-2010
0 Email: payable @ashland.or.us
V H C/O Ashland Fiber Network
E USIC LOCATING SERVICES, LLC I 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
Donald Kewle
07/09/2019 1652 FOB ASHLAND OR/NET30 Ci Accounts Pa able
AFN Locating & Marking Service
1 Locating and marking services for Ashland Fiber Network 1 $30,000.0000 $30,000.00
underground facilities as required by Oregon One Call
Goods and Services Agreement
Completion date: 06/30/2021
Project Account:
GL SUMMARY
024700-604100 $30,000.00 I I 1
By: a � Date: 3 1 CJ �_ - _
Authorized Signature - - $30 000.00
��a \ikce____e_1-----.J
FORIVI #3 CITY OF
34," ASHLAND
ASHLAND
seREQUISITION ate of request: 05/31/2019
Vendor Name Locate Holdings Inc.;DBA USIC Locating Services LLC
Address,City,State,Zip 9045 North River Road.,Suite 300, Indianapolis,IN 46240
Contact Name Anne Bird
Telephone Number 503-407-5724
Email address AnneBirdRusicllc.com
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency
❑ Reason for exemption:, Date approved by Council: ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 _ _(Attach copy of council communication) El Written quote or proposal attached
1=3 Written quote or proposal attached (If council approval required,attach copy of CC)
❑ Small Procurement ❑ Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: ❑ State of Oregon
❑ Direct Award (Attach copy of council communication) Contract#
❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington
Intermediate Procurement Date approved by Council: Contract#
GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract
Greater than$5,000 and less than$100,000 ❑ Sole Source Agency
ID (3)Written quotes and solicitation attached 1:1 Applicable Form(#5,6,7 or 8) Contract#_
PERSONAL SERVICES Intergovernmental Agreement
❑Written quote or proposal attached Form Agency
Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K
❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000.
0(3)Written proposals/written solicitation 1=1 Special Procurement Agreement approved by Legal and approved/signed by
1=] Form#9,Request for Approval City Administrator.AMC 2.50.070(4)
❑Form#4,Personal Services>$5K&<$75K 1=1 Written quote or proposal attached
Date approved by Council: ❑Annual cost to City exceeds$25,000,Council
Valid until: (Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost
Locating and marking services for Ashland Fiber Network underground facilities as required by
Oregon One Call $30,000.00
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
❑ Per attached quote/proposal TOTAL COST
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
Project Number — _ _ Account Number 024700 - 604100 $ 30,000.00
Project Number • — _ Account Number - $ ,- - _•_ - _•- —
Project Number • — _ Account Number -
IT Director in collaboration with department to approve all hardware and software purchases:
By signing this re isition form,t ify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No
Employee: , i Department Head:
(Equal greater than$5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than$25,000)
Funds appropriated for current fiscal year. YES / NO
Finance Director-(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition
, Legal Department Review
DOCUMENT TRANSMITTAL AND CONTROL
This form will accompany the document through the drafting,review,and signature processes,and will
be kept with the City's final executed copy of the document. Required fields are indicated in gray scale.
Document: Goods and Services Agreement more than$25K for USIC Locating Services
(Include names of parties to the document)
Type of Document: Contract 8 Lease ❑ Easement ❑ Deed ❑ IGA ❑
Other(Specify)
Dept Contact: Donald Kewley ACTION REQUESTED:
Dept:Ashland Fiber Network Phone: Ext 2316
0 Review Draft
Date submitted to Legal: June 5,2019
❑ Approve final and forward to:
Draft due by:
(Unless indicated,Legal will return document to you)
Return Requested by: June 10,2019
Complete this section ONLY the first time this form is filled out:
Has this document been previously worked on by the Legal Dept Staff? 8 No ❑ Yes
If yes,by whom?
LEGAL DEPT First Date Received by Legal Date: Lii lc ( 1 By: ...N__
USE ONLY Returned to Dept. for Revision Date: By:
Received for additional review by Legal Date: By:
Returned to Dept. for Revision Date: By:
Received for additional review by Legal Date: By:
Returned to Dept. for Revision Date: By:
Received for Additional Review by Legal Date: By:
Returned to Dept for Revision Date: By:
Final. Logged out by Legal Date: By:
Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL:
❑ See Attached. °roc�, y Please review the vendor's requested language in section 3.8.
. , a/- , I., The new language is indicated by the red text.No other
t 1 -/' changes to the original document have been requested
Return original executed document to City s this document need to be recorded?
Recorder for safekeeping? ❑ No Yes No 0 Yes
CITY ADM ; STRATOR/DEPARTMENT I ENT HEAD
Please do not sign the attached document until this for as ?een a r5i/ied by the Legal D. t t elow•.
FINAL LEGAL DEPARTMENT APPROVAL: �2 /'',I'' _- Date: +► ' c':%`