HomeMy WebLinkAbout970640.tiffRESOLUTION
RE: APPROVE LOCATING CONTRACT WITH KELLY CABLE CORPORATION AND
AUTHORIZE CHAIR TO SIGN
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 Locating Contract between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Kelly Cable Corporation, with terms and conditions being as stated in said
contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Locating Contract between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Kelly Cable
Corporation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of April, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CiLORADO
my Clerk to the Board
eputy Cler o the Board
AP
George'(=. Baxter, Chair
C_onstance L. Harb 4,
Dale K. Hall
Barbara J. Kirkmeyer' U
ro-Tem
W. H. Webster
970640
F10024
LOCATING CONTRACT
BETWEEN
WELD COUNTY OF COLORADO
AND
KELLY CABLE CORPORATION
THIS CONTRACT is made this 27th_ day of March , 1997, between WELD COUNTY OF
COLORADO. (hereinafter called "Company"), organized under the laws of the State of
Colorado , and KELLY CABLE CORPORATION (hereinafter called the
"Contractor"), a Colorado corporation.
WHEREAS, Contractor proposes to provide locating services to Company.
AND WHEREAS. Company desires to have Contractor provide locating services.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the
parties hereto do hereby mutually covenant and agree as follows:
PROJECT
Upon receiving a "Request to Locate" ticket from the One -Call Center that covers all or a part of Company's
underground facilities, Contractor will physically identify all underground facilities belonging to Company in the
prescribed dig area within two (2) working days. A sketch of the dig site will be drawn on the "Request to
Locate" form and given to the excavator.
SCOPE
All identifiable underground facilities belonging to Company will be marked in a standard and normally
acceptable method and the field sketch will be completed for the excavator. When the Contractor finds no
underground facilities in the dig area, a note will be placed on the sketch signifying that the dig area is clear of
any underground facilities belonging to Company.
ASSUMPTIONS
Contractor will be notified at least two (2) business working days before the "Request to Locate" due date, except
in the case of an emergency. Excavation will take place only after the Contractor has been to the site and marked
the ground for the various underground facilities or noted that the dig area is clear of underground facilities.
If the "Request for Locate" is a "timed meet", meaning the Contractor and excavator will meet in person at the dig
site, it is assumed that no excavation work will begin until the excavator and the Contractor have met.
Excavation shall not begin if Contractor has marked the site but the excavator is unable to clearly identify the
marks or sec them because they have been destroyed by weather or some other means.
Contractor assumes no liability for damage to other utilities, sprinkler lines, low voltage wires, landscaping. etc.
Contractor will be responsible for damage and repair to underground facilities that are mislocated or not located
due to negligence of the Contractor. Such repair will be reasonable and if damaged underground facilities are not
up to the specifications of Company, then such repair will be reasonable to repair or replace to the original
condition.
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970640
WELD COUNTY OF COLORADO March 13, 1997
Contractor assumes that an accurate Locate will be eighteen inches (18") on either side of the mark, horizontally.
No liability will be assumed by Contractor for unlocatable underground facilities or unavoidable damages or
damages resulting from the use of inaccurate measurements provided by Company. Unlocatable facilities are
defined as any Company facilities that are thought to exist but cannot be accurately located using normal locate
procedures. Unavoidable damages occur when a facility is not shown on prints provided by Company, no visual
evidence exists to indicate a facility may be present in the dig area and the facility is not marked. Damage caused
by inaccurate measurements occurs when the dig area is accurately marked according to measurements provided
by Company, but the facility lies outside eighteen inches (18`) on either side of the mark. These situations would
be verified through a representative of Company.
Contractor will be notified immediately of damaged underground facilities and will send a representative to the
site to investigate so that they may protect themselves from unjustifiable claims. All damages will be investigated
and determined if it was a mislocate. A copy of the investigation outcome will be forwarded to Company within
five (5) days following the completion of the investigation.
Contractor understands that the prints supplied by Company are only to be used as a tool and not to be
interpreted as wholly accurate.
Contractor assumes that it will not be required to pay their employees a minimum union rate; the Federal
minimum hourly rate will apply.
MATERIALS AND EQUIPMENT
Contractor will supply all labor, equipment, paint, flags, stakes, etc. Company will supply prints to assist in
locating facilities.
WARRANTY OF WORK
Contractor guarantees all of its work to be accurate and will be responsible for reasonable costs of repair of
Company's damaged underground facility according to the conditions of this Contract. (Definition of
"reasonable" being a prorated replacement cost or necessary replacement only).
INVOICING AND TERMS
All work will be invoiced on a weekly basis with proper backup documentation. Invoices will be due net thirty
(30) days from the date of invoice. Invoices not paid within ten (10) days of the due date will be considered past
due and subject to a late fee of eighteen percent (18%) per annum. Invoices subject to collection will carry
charges for reasonable attorney fees, court cost, and collection fees that will become part of the total amount due.
INSURANCE
Contractor shall take out and maintain throughout the period during which this Contract shall remain in effect the
following minimum insurance:
1. Worker's compensation insurance in such amounts and covering all risks as provided by
and required of employers by the laws of the State of Colorado
2. Commercial general liability insurance covering operations under this Contract for bodily
injury or death, not less than $1,000,000 for each occurrence and $1,000,000 aggregate for
occurrences during the policy period, with an additional $1,000,000 Umbrella Policy for
General Liability.
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Gob -kw : Weld Co,
970640
WELD COUNTY OF COLORADO March 13, 1997
3. Automobile liability insurance on all self-propelled vehicles used in connection with this
Contract whether owned, non -owned, or hired; public liability limits of not less than
$1,000,000 for one person and $1,000,000 for each accident: property damage limit of
$1,000,000 for each accident
The policies of insurance shall be in such form and issued by such insurer as shall be satisfactory to Company.
- The Contractor shall furnish to Company, if requested, a certificate evidencing compliance with the foregoing
requirements and warrant its continued maintenance during the term of this Contract.
INDEMNITY AND CLAIMS
Contractor shall immediately report any damage caused by it to the underground facilities of Company and shall
be responsible and reimburse Company for reasonable repairs or replacements according to the conditions of this
Contract. Contractor shall indemnify, protect and hold Company, its officers, agents, and employees harmless
against any and all claims and demands for damages to property and injury or death to any and all persons
whomsoever, including Contractor's employees for disability and death benefits, but only to that extent caused by
the negligence of Contractor, its employees, agents, or contractors. on or in the vicinity of Company's
underground facilities. Contractor expressly agrees that by accepting the terms and conditions of this Contract, it
shall indemnify Company for all claims and demands for damages, injury or death to Contractor's employees
which arise out of the operation under this Contract, and while in the course and scope of their employment, while
on or in the vicinity of the underground facilities which are the subject matter of this Contract.
Company and Contractor each agrees to give the other immediate notice of any and all claims for which such
other party may be liable. All notices, requests, demands or communications hereunder shall be deemed to have
been duly given if delivered or mailed first class postage prepaid.
TERM OF CONTRACT
Contractor or Company has the right to terminate this contract by giving written notice to the other of its
intention to terminate this contract thirty (30) days prior to such termination.
PRICE OF SERVICE
Regular Hour Work
Locating Per Hour
Outside Regular Hour Work
Locate Per Hour
1 Company
$45.00
1 Company
$60.00
2 Company
$45.00
2 Company
$60.00
3 Company
$45.00
3 Company
$60.00
4 Company
$45.00
4 Company
$60.00
Regular Hour Work shall include all labor, sketches, vehicle/equipment and material costs required by the
Contractor to receive, record, review, schedule, record, clear, or dispatch a request to locate ticket and visit, if
necessary the excavation site, verify if below ground facilities are present, locate and mark the plant and complete
a sketch of the locate. The hourly rates shall apply when the Contractor is requested to "stand-by" at the
excavation siteand monitor the excavation in order to further protect company's plant or to perform investigative
work outside of a normal damage investigation.
Emergency call outs will be billed at Outside Regular Hour Work hourly rate with a minimum of two (2) hours.
Outside Regular Hour Work is defined as locating work performed before 7:00 a.m. and after 5:00 p.m., Monday
through Friday, or on Saturdays, Sundays and holidays.
G,Nmine'WeW Comm' 0JColorado
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970640
WELD COUNTY OF COLORADO March 13, 1997
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed.
CONTRACTOR:
KELLY CABLE CORPORATION
ammnmxeld C owWv&/C UM(*)
Date:
Guy EDGIcIntosh, III
Vice President
_x/27/'?
COMPANY:
LD COUNTY OF COLORADO
apP z /997
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970640
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