HomeMy WebLinkAbout20051586.tiff RESOLUTION
RE: APPROVE SERVICES AGREEMENT FOR CABLE LOCATIONS AND AUTHORIZE
CHAIR TO SIGN - GREAT PLAINS LOCATING SERVICE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Services Agreement for Cable Locations
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Phone Services Department, and Great Plains
Locating Service, Inc.,commencing May5,2005,and being automatically renewable,with further
terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Services Agreement for Cable Locations between the County of Weld,
State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf
of the Phone Services Department, and Great Plains Locating Service, Inc. be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of May, A.D., 2005, nunc pro tunc May 5, 2005.
BOARD OF COUNTY COMMISSIONERS
��,�� WELD COUNTY, COLORADO
ATTEST:i ntakiljb' ]E L`�� t\-4 ,L-
,` .��eilliam H. J e, Chair
Weld County Clerk to the =-=rd ' ,.w,
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4 -il-, P o-Tem
BY: ' r jv�r �
Deputy Clerk to the Boar = It
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APP DASI
1nty Attorn6y3
Date of signature: 77
2005-1586
CM0016
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SERVICES AGREEMENT
(FOR DAMAGE PREVENTION RELATED TO UNDERGROUND PLANT&FACILITIES)
THIS AGREEMENT is made as of the 6`h day of June 2005, by and between Great
Plains Locating Service, Inc., a Nebraska corporation (hereinafter referred to as
"GPLS"), with an address of 11640 Arbor Street, Suite 200, Omaha Nebraska 68144 and
the County of Weld, a political subdivision of the State of Colorado, (hereinafter
referred to as "County"), with an address of 915 10th Street, PO Box 758, Greeley,
Colorado 80631.
It is hereby agreed by and between the parties as follows:
1. Locate Services. GPLS shall provide services to locate underground
facilities for County. The location services shall be provided in the geographic areas
listed in Exhibit A attached, and shall be subject to the terms as specified in this
Agreement and the exhibits attached. The services shall consist of those service marked
below, as defined in this Agreement:
Locates, Emergency Locates and After Hours Locates
Extended Locates, Projects, Extraordinary Projects and Watch and
Protect/Site Surveillance/Stand By Services
Unless otherwise agreed in writing, GPLS shall be County's exclusive supplier of locate
services in the service area covered by this Agreement. GPLS shall receive all locate
requests in the form of Tickets directly from the County or the applicable One Call
Center/System(s). GPLS shall be responsible only for Tickets received with a due date
and time expiring prior to the scheduled termination of this Agreement. County shall
specify in Exhibit A for each Locate Request, the type of facility (gas, electric,
telecommunications, CATV, water, sewer, etc.) to be located, and whether the Locate
shall terminate at the meter and/or demarcation point or extend beyond the meter and/or
demarcation point.
2. Term and Termination. This Agreement shall commence on the date
set forth above and shall continue in effect thereafter for a period of one (1) year. This
Agreement shall automatically renew for an additional period of one (1) year on each
annual anniversary date of the Agreement unless either party has provided not less than
thirty (30) days prior written notice to the other party that the notifying party does not
want the Agreement to renew. Either party may terminate this Agreement at any time,
with or without cause or reason, by providing not less than thirty (30) days prior written
notice to the other party.
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(b) In the event either party defaults or commits a material breach
under any of the terms and conditions of this Agreement, or in the event of the
bankruptcy or insolvency of a party, the other party may give ten (10) days written notice
of such event, during which time the defaulting party may cure the event or condition. If
the defaulting party fails to cure the breach within said ten (10) day period, then the non-
defaulting party may terminate this Agreement immediately.
3. Definitions. As used in this Agreement, the following terms shall have
the meanings set forth below:
(a) After Hours Locate means a Locate or an Emergency Locate
occurring outside of Standard Working Hours. After Hours
Locates will be performed at the prices listed under in Exhibit A.
(b) Emergency Locate means a Locate that is determined to be an
emergency by the One Call Center/System(s) that originates the
Ticket. An Emergency Locate performed during the standard
working hours will be performed at the prices listed in Exhibit A.
(c) Extended Locate means a Locate exceeding %z hour but no more
than 8 hours.
(d) Extraordinary Project means "the same work, for the same
contractor, in the same general locate area" after an Extended
Locate exceeds 8 hours or which requires GPLS to add any
personnel or the addition of any capital assets. In the event that
GPLS is confronted with an Extraordinary Project, GPLS retains
the right to perform the work at the Project rate until GPLS either
declines the work without penalty or negotiates a new price.
(e) Locate, the basic billing unit, means the first '/z hour (30 minutes)
of locating any County owned/operated facility. After this first %z
hour, the Hourly Rate shall go into effect, invoiced in One (1) hour
increments.
(0 Locate Price is determined by the type of service and the number
of underground facilities located by GPLS within the locate area
and is based on the prices in Exhibit A.
(g) Package Price means the fee billed in the same amount each month
as set forth on Exhibit A.
(h) Project means "the same work, for the same contractor, in the same
general locate area" that exceeds 8 hours in any day.
(i) Watch and Protect/Site Surveillance/Stand By Service means the
physical supervision of a dig site, at County's request and
approval.
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(j) Standard Working Hours means Monday through Friday from 7:00
AM to 4:00 PM Central Standard Time (MST), except New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
(k) Ticket means a request for one or more Locates, of an underground
facility, as defined by the State One Call Center(s).
(1) Office Clear/Field Clear/NLR (No Locate Required) means a
Ticket that does not require GPLS to dispatch an employee to a
locate site or does not fit the criteria of a Locate, Emergency
Locate, After Hours Emergency Locate, Extended Locate, Project,
Extraordinary Project or Watch and Protect/Site Surveillance/Stand
By. Such Tickets will be invoiced at the fee listed in Exhibit A.
(m) One Call Center/System(s) means the centralized agency that
operates and provides the service of receiving excavation notices
and transmits these messages, in the form of Tickets, to utility
owners and/or members, as to prevent damage to underground
facilities.
4. Compensation for Services. County shall pay GPLS on the following
basis (Select One):
For the services rendered by GPLS hereunder based on the fees as set
forth on Exhibit A. The Locate price is applicable for Locates performed
during Standard Working Hours. After Hours Emergency Locates and all
other services will be provided under the terms and conditions of this
Agreement and County shall pay to GPLS the fees as set forth on
Exhibit A.
For the Package Price set forth on Exhibit A. The Package Price includes
Locates performed during Standard Working Hours, Emergency Locates
and After Hours Locates.
GPLS shall also have the right to charge County a reasonable fee for extraordinary
services required by or incurred for County including, but not limited to, specialized
reporting or billing requirements or technology costs in the form of hardware or software
not presently owned by GPLS and necessary to meet particularized requirements of
County. GPLS may modify the service fees set forth on Exhibit A at anytime, upon sixty
(60) days written advance notice to County. County hereby agrees it will not disclose
and shall keep confidential the fees for services provided by this Agreement.
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5. Billing and Payment Terms. GPLS shall transmit an invoice for
amounts owed by County on a monthly basis. County shall pay GPLS, without offset,
the total amount due within thirty (30) days from the invoice date, with interest accruing
thereafter at the lesser of 18%per annum or the maximum interest rate allowed by law.
6. Use and Updates of Materials. County shall provide accurate records
(prints, engineering drawings, etc.) that shall be used as a reference to determine if an
underground facility exists in the locate area identified on the Ticket. GPLS shall base its
screening decisions, if applicable, on an evaluation of the records. County shall promptly
supply GPLS with all updates to County records as new or replaced facilities are added to
its system. GPLS shall treat these records as confidential. Except as otherwise provided
in this Agreement, the records furnished to GPLS are the property of County and shall be
returned to County by GPLS upon termination of this Agreement.
7. Performance of Locating/Marking Services.
(a) Locating services will be performed in accordance with the
standards and procedures of the American Public Works Association (APWA) and the
Underground Utility Location and Coordination Council (ULCC) of the APWA,
including but not limited to the use of the ULCC approved color code for facility
identification. All locate requests shall be responded to within the time frames as
specified by applicable state law. Underground facilities shall be marked with paint
and/or flags, spaced at approximately ten (10) foot intervals and turns shall be marked at
each change in direction.
(b) When all reasonable efforts are exhausted to determine the location
of County's underground facilities, GPLS will notify County that the facilities are
deemed un-locatable and such Locates will be referred back to County.
8. Materials Provided by GPLS. GPLS shall provide equipment
compatible and necessary to receive data in the form of Tickets or Locate Requests from
County or the respective One Call Center/System(s). GPLS shall also provide all
equipment and material to mark the location of County's underground facilities which
may include, but not be limited to, paint, chalk, flags, or any other material deemed
appropriate by GPLS in its sole discretion.
9. Independent Contractor Status. GPLS shall perform its obligations
as an independent contractor and the persons performing services hereunder for GPLS are
not agents or employees of County. GPLS is solely responsible for all matters relating to
payment of its employee's wages, including compliance with workers' compensation,
unemployment, social security, income tax withholding and all other federal, state and
local laws, rules and regulations governing employment matters.
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10. Additional GPLS Duties.
(a) GPLS employees have GPLS photo identification badges, which
shall be carried with them at all times. GPLS shall ensure that its employees maintain an
appearance consistent with generating a positive public image.
(b) GPLS shall cultivate and pursue good relations with the One Call
Center/System(s) This shall include prompt callbacks, attendance at informational
meetings, participation in the One Call Center/System(s) damage prevention meetings,
and other related events.
11. Insurance. GPLS shall maintain, in full force and effect during the
term of this Agreement, liability insurance with limits of not less than two million dollars
($2,000,000) for bodily injury and property damage per occurrence and in the aggregate.
GPLS shall provide County with a Certificate of Insurance showing evidence of such
insurance coverage and naming the County of Weld, its employees and elected officials
as additional named insureds as their interest may appear, subject to contract terms and
conditions.
12. Damages and Indemnification. hi the event of damages to
County's underground facilities at any site where such facilities were located by GPLS,
County must notify GPLS of such alleged damages, within twenty-four (24) hours of the
time that County becomes aware of such alleged damages, excluding weekends and
County observed holidays. If County does not notify GPLS within twenty-four (24)
hours of discovery by County of any alleged damages, GPLS shall have no liability
relating to such claims. County must issue invoices to GPLS for any and all alleged
claims for damage within thirty (30) days of discovery of such damages by County or
GPLS shall have no liability relating to such claims. GPLS shall try in good faith to
resolve any and all claims for such damages within thirty (30) days after the receipt of an
invoice from County. In the event of damages to County's underground facilities at any
site where underground facilities have been located by GPLS, either GPLS or County,
upon notification of such damages shall report to the other party:
A. The actual time damages were caused.
B. The actual time damages were reported.
C. The location of the reported damages.
D. The nature and extent of damages.
E. Any known circumstances surrounding the damages.
F. Any personal injuries sustained as a result of the incident.
G. The name of firm/individual reporting the damages.
H. The name of firm/individual causing the damages.
I. Estimated time of arrival at the sight to proceed with investigation.
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(a) Upon notification of damage from County, GPLS will conduct an
investigation of the damage and shall submit a written report to County summarizing the
findings of GPLS within ten (10) business days. Each party shall indemnify, defend and
hold the other harmless from and against any and all claims and actions, and all costs and
expenses (including reasonable attorney's fees) to the extent proximately and
proportionately caused by the negligence, willful misconduct or other breach of the
provisions of this Agreement whether caused by the indemnifying party or anyone acting
under that party's direction, control or on its behalf. GPLS shall upon request, give
testimonial support in lawsuits or administrative proceedings where deemed necessary by
the County. The service fees for damage investigations and testimonial support will be
invoiced at the Hourly Rate as specified in Exhibit A of this Agreement. If the damage is
a result of GPLS's failure to locate locatable underground facilities within reasonable
accuracy, GPLS shall not submit and be reimbursed for these service fees.
(b) The indemnifying party shall conduct the defense and shall have
control of the litigation, and the indemnified party shall cooperate in the defense against
any claim. The liability of GPLS for claims or damages shall be limited to the actual and
reasonable cost to repair the damaged underground facility, and shall not exceed the
annual contract value as determined by GPLS and County. Notwithstanding anything to
the contrary set forth in this Agreement, in no event shall either party be liable to the
other under any theory of recovery, whether based on contract, on tort (including
negligence of any kind), on strict liability, or otherwise, for any incidental or
consequential damages of any kind including, without limitations, any loss of use, loss of
business or profits or revenues, or commodity losses.
(c) The indemnifying party shall have the right to select defense
counsel and to direct the defense or settlement of such claim or suit. Notwithstanding the
foregoing, however, in the event that a settlement would result in an admission of liability
on behalf of the indemnified party, the indemnifying party must obtain written consent to
settle from the indemnified party. If the indemnified party withholds its consent, then the
indemnifying party will be relieved from any further obligation to defend and indemnify
the indemnified party. The indemnified party must assume its own defense and further
costs incident to same, even if the settlement would result in an admission of liability.
The parties do not intend for any third parties to be a beneficiary of this Agreement.
(d) GPLS shall make every attempt to electronically locate County's
facilities. In the event the facilities will not, or cannot be located electronically, GPLS
shall use line of site method or property line service measurements provided by County.
County shall hold and indemnify GPLS from and against any and all claims, causes of
action, damages, losses, expenses, third party claims, or liability for damages caused to
facilities by locating by any other means than electronically. GPLS shall consult with
County to obtain the best location information possible, but shall not be responsible to
provide a locate if, in the opinion of GPLS, the location of County's facilities is still
uncertain.
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14. Training and Safety. All GPLS employees performing work under
this Agreement shall be trained, tested and certified in the type of work being performed.
Certification by GPLS will meet or exceed NULCA (National Underground Locating
Contractors Association) standards. GPLS independently shall train, test and certify each
of its employees. GPLS shall insure compliance with all federal, state, or local applicable
safety rules, laws, and regulations relating to the services provided by GPLS under this
Agreement. County will comply with all applicable safety rules, laws and regulations
and will provide GPLS employees with free and safe access to its facilities.
15. Assignment. Neither party shall assign, transfer or subcontract any of
its responsibilities or obligations under this Agreement, without the prior written consent
of the other party. Prior written consent is not required for a corporate name change or
transfer made in connection with a change of a majority ownership interest in or public
offering of stock by either party.
16. Notice or Demand. Any notice or demand given under the terms of
this Agreement or pursuant to law shall be in writing and sent by facsimile or by certified
or registered mail, return receipt requested, proper postage paid to the parties as follow:
A. County at:
Weld County, Colorado
Attn: Sue Quick
Communications Services Manager
915 10`h Street
PO Box 758
Greeley, CO 80632
(970) 352-0242 Fax
(970) 356-4000 X4390 Telephone
B. GPLS at:
Consolidated Utility Services, Inc.
Great Plains Locating Service, Inc.
Attn: President/CEO
11640 Arbor Street, Suite 200
Omaha, NE 68144
(402) 334-7640 Fax
(402) 334-8150 Telephone
Such notice or demand, shall be deemed to have been given or made when received, or
seventy-two (72) hours after being sent, whichever occurs first. The above designations
may be changed at any time by giving notice in writing of the change not less than five
(5) days prior to the effective date thereof.
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17. Force Majeure. If performance of this Agreement is prevented,
restricted or interfered with by reason of acts of God, wars, revolution, civil commotion,
acts of public enemy, embargo, acts of government in its sovereign capacity, labor
difficulties, including without limitation, strikes, slowdowns, shortage, picketing or
boycotts, or any other circumstances beyond the reasonable control and not involving any
fault or negligence of the party affected including, without limitation, a material change
in law, the party affected, upon giving prompt notice to the other party, shall be excused
from such performance on a day-to-day basis during the continuance of such prevention,
restriction, or interference (and the other party shall likewise be excused from
performance of its obligations on a day-to-day basis during the same period), provided,
however, that the party so affected shall use its best reasonable efforts to avoid or remove
such causes of nonperformance and both parties shall proceed immediately with the
performance of their obligation under this Agreement whenever such causes are removed
or cease. If a party's inability to perform its responsibilities under this Agreement
continues for ten (10) days, either party may elect to terminate this Agreement and shall
immediately give notice thereof in writing.
18. Miscellaneous.
(a) Failure of either party to object to any breach of this Agreement in
any respect or to enforce any of their rights hereunder shall not be deemed a waiver of
said requirements nor an ongoing waiver of the specific breach, and the parties shall be
entitled to take any action at any time to pursue any of their available remedies.
(b) Both parties hereto shall maintain and shall take all reasonable
actions necessary to prevent inadvertent or accidental disclosure of the other party's
confidential information, including but not limited to, specifications, drawings, maps,
sketches, models, samples, tools, computer programs, technical information, and any and
all other records provided by either party to the other directly related to this Agreement.
The confidentiality requirements in this Agreement shall not apply to any such
confidential information, which is a matter of public record or generally accessible by the
public, or previously known by GPLS. The obligations of the parties not to disclose and
hold confidential any information or provision under this Agreement shall continue after
and survive any termination of this Agreement.
(c) If any provision of this Agreement is deemed invalid or
unenforceable by a court of competent jurisdiction, the remaining terms and conditions of
this Agreement shall remain in full force and effect.
(d) This construction and interpretation of this Agreement shall be
construed according to the laws of the state in which the party alleged to have breached
the Agreement resides. Any action arising under this Agreement shall be subject to the
jurisdiction of the state in which the party alleged to have breached the Agreement
resides, and the parties hereby consent to the jurisdiction of any such forums.
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(e) In any action between the parties to enforce any material provision
of this Agreement, the prevailing party shall be entitled to recover its reasonable
attorneys fees, court costs, costs of investigation and other related expenses incurred in
connection therewith from the non-prevailing party in addition to whatever other relief a
court may award.
(f) This Agreement consists of the total and entire understanding and
agreement by and between the parties and each party hereto acknowledges that no
representations or warranties outside of this Agreement have been made by either party.
This Agreement shall not be effective nor deemed approved until signed by a duly
authorized corporate officer of GPLS and County. It is expressly understood and agreed
that the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only.
(g) This Agreement shall be binding upon the successors and
permitted assigns of all parties hereto.
(h) No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
County: GPLS:
Weld County, Colorado Great
tt7Pllains Locating Service, Inc.
/
William H. Jerke ` jf--174?/1AT/i sn"-i
Printed Name Printed Name
k
Signature Signature
Chair
Title Title
05/25/2005 /�/mss
Date Date
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0,70415_/SAP
EXHIBIT A
SCHEDULE OF BILLING UNITS AND SERVICE AREA
Locate/Regular Hours $14.25 Per Locate
(Actual Field Locate Performed)
Locate/Regular Hours $9.40 Per Locate
(Cleared/No Conflict Locate)
Emergency Locate/Regular Hours $14.25 Per Locate
(Actual Field Locate Performed)
Emergency Locate/Regular Hours $9.40 Per Locate
(Cleared/No Conflict Locate)
After Hours Emergency Locate Rate $47.50 Per Hour
(Minimum 2 Hours)
Service Charge $5.00 Per Charge
Extended Locate/Project The Locate Price, $14.25,
Extraordinary Project For the First % Hour) Plus,
$47.50 Per Hour thereafter,
(Invoiced in One (1)
Hour increments).
Damage Investigation $47.50 Per Hour
Testimonial/Support (Invoiced in One(1)
Hour increments).
Watch and Protect/Site Surveillance $47.50 Per Hour
Stand By Services (County Approval) (Invoiced in One (1)
Hour increments).
Hourly Rate $47.50 Per Hour
Service area(s) and volume covered by this Agreement:
• List of geographical area(s): The area already established by Weld County, Colorado
with Colorado One Call System.
• Estimated annual Ticket volume: 300
Facilities to be located (list per geographic area if applicable):
• Telecommunications— fiber-optic facilities.
Initial: County: 444,1- Initial: GPLS:
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aces-X5-96
Client#:52696 PROMAINC
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMrponvYY)
06/10/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Palmer&Cay,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3348 Peachtree Road,NE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 1400
Atlanta,GA 30326 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Lexington Insurance Company
Consolidated Utility Services,Inc. INSURER B: National Union Ins Co
Great Plains Locating Service,Inc. INSURER C: Fireman's Fund Ins Co of GA
Great Plains One Call Service,Inc. INSURER D: American Home Assurance Co CAB
11640 Arbor St.,Ste.200,0maha,NE 68144 INSURER E: Interstate Fire&Casualty
COVERAGES
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSH AUU'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRC TYPE OFINSURANCE POLICY NUMBER DATE IMM/DD/YY) DATE(MWDD/YY) LIMITS
A GENERAL LIABILITY 7007686GL 11/24/04 11/24/05 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES(Ea orrurrence) $50,000
I CLAIMS MADE X OCCUR MED EXP(My one person) s5,000
X BI/PD Ded:100000 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
7 POLICY TI JECT [1 LOC
B AUTOMOBILE LIABILITY 5716298AUT0 11/24/04 11/24/05 COMBINED SINGLE LIMIT
X ANY AUTO (US Autos Only) (Ea accident) $1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY $
(Per person)
X HIRED AUTOS
BODILY X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
E EXCESS/UMBRELLA LIABILITY X5O01300420 11/24/04 11/24/05 EACH OCCURRENCE $10,000,000
X I OCCUR CLAIMS MADE AGGREGATE $10,000,000
DEDUCTIBLE
$
C RETENTION $ XTM76606649 01/12/05 11/24/05 $10,000,000 sXS$10MM
D WORKERS COMPENSATION AND 8844588 11/24/04 11/24/05 X I TOR WCYS LIMITTATUS FR- I I0TH-
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED?
n e:,ees<dbe under
E.L.DISEASE-EA EMPLOYEE $500,000
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000
B OTHER property 2608845PROP 1-12-05 11/24/05 TIV$5,986,107
RC/80%Co-Ins Limit:See Below
30 Days NOC Ded: See Below
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Property Limits: $308,000 Bldg/BPP$1,625,868/EDP$3,347,639/BI &EE$104,600/Field
Equip$600,000. Property Deductible$1,000 Except for Wind/Earthquake/Flood/BI&EE.
Note: 30 Days Notice of Cancellation applies to the Property Policy shown above.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Weld County,Colorado DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Fin DAYS WRITTEN
915 10th Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
P.0. Box 758 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Greeley,CO 80632 REPRESENTATIVES.
Attn: Sue Quick-Communications AUTHORIZED REPRESENTATIVE
Services Manager `tl. A) tc-9
ACORD 25(2001/0811 of 2 #5189908/M161725 11 LTB 0 ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
Weld County,Colorado is Included as Additional Insured as their interests
may appear subject to contract terms and conditions.
AMS 25.3(2001/08) 2 of 2 #S189908/M161725
C C N l DATE D
UTILITY SERVICES , INC.
GPLS pRMiRK Nib
,Jyy GPOC_
GREAT PLAINS LOCATING SERVICE,INC. UTILITY LOCATORS GREAT PLAINS ONE GALL SERVICE,INC.
April 12, 2006
Sue Quick
Weld County, Colorado
915 10th Street
Greeley, CO 80632
RE: Termination of Master Agreement
Dear Sue,
It is with great regret that we must inform you that we will be terminating the
Services Agreement between Weld County Colorado and Consolidated Utility
Services, Inc. d/b/a Great Plains Locating Services, Inc., please allow this letter to
serve as our formal notice that we have made a decision to exit the Colorado
Market effective May 1, 2006. This decision was made outside of the very good-
natured working relationship that CUS, Inc. has with Weld County Colorado.
We appreciate the positive attitude we have encountered with you and the
business relationship we have built in Colorado. We would like to work with you
on transferring the contract to another underground utility locating company prior
to May 1, 2006.
We expect the transition from Consolidated Utility Services, Inc to happen
smoothly for Weld County. Thank you again for being a valid client we wish you
much success in the future.
If you have any further questions, feel free to contact our Regional Manager, Brian
Hanna at 402-680-7433.
Sincerely, /
grt_jm
Brian R. John on
Vice-President and COO
11640 Arbor Street, Suite 200 Omaha,NE 68144
Telephone (402) 334-8150 Toll Free (888) 868-6195 Fax (402) 334-7640
Web: www.consolidatedus.com
l,NY L YYI.i,Lll l CCA-'tt G'Yl S.
CS ck I cic cc-noon.,
Esther,
This letter needs to be filed with the GPLS (Great Plains Locating Service) contract since
they terminated the contract. If you have any questions, pleas call me at 2600.
Thanks,
Susan
Hello