HomeMy WebLinkAbout992697.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR UNDERGROUND FACILITY LOCATING SERVICES
AND AUTHORIZE CHAIR TO SIGN - UTILIQUEST, LLC
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 an Agreement for Underground Facility
Locating Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Department of Phone
Services, and Utiliquest, LLC, with 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 Agreement for Underground Facility Locating Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Phone Services,
and Utiliquest, LLC, 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 8th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
1/ 47, y��I� LD COU C9ORADO
rATTEST: _
eAv` �e-le K. Hall, Chair /
Weld County Clerk to the . .-,. P; OM
/: / , / /,
\1 ,►r` .�L4Aic— I2 bttc,eA
(� r . ":arbar J. Kirkmeyer, o-Tem 61
BY: '.i.I1_ ( 'r . ? 2G J 7
Deputy Clerk to the Boar. �A e 4 /"`"`r 4,
Georg E. ter
APPROVED AS TO FORM /A zits,/
J. Gile
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Glenn Vaad
992697
d in ap e 'AvVs) CM0011
AGREEMENT FOR
UNDERGROUND FACILITY LOCATING SERVICES
THIS AGREEMENT is made this / - day of IUeuzmbtur— .1999. by and
between Weld County, Colorado, by and through the Board of County Commissioners of Weld
County, whose address is 915 10'h Street, Greeley, CO 80631, hereinafter referred to as
"County," and UtiliQuest, LLC, whose address is 500 Northridge Road, Suite 300, Atlanta, GA
30350, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, County, through its General Telephone Services Department, is in need of
location services for its underground telephone line, and
WHEREAS, Contractor has the capacity to provide such services in accordance with the
terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises stated
herein, County and Contractor agree as follows:
1. DUTIES OF CONTRACTOR:
a. The Work. Contractor shall perform Underground Facility Locating work in
accordance with the document entitled, "Specifications For Facility Locating
Services," which is attached hereto and referred to herein as Exhibit"A."
b. Work on Private Property. All work performed by Contractor on private
property, pursuant to the terms of this Agreement, shall be done to the satisfaction
of the property owners in a workman-like manner and in such a way as to cause
no ill or adverse opinion towards County.
c. Safety at Work Site. Contractor shall provide and maintain, at all locations where
work is being performed, adequate and suitable warning signs, all necessary and
suitable guards, and appropriate warning signals of any hazards in connection with
the work, in order to prevent accidents during the course of work.
d. Work Schedule. Normal service hours and working days of Contractor for the work
to be performed pursuant to this Agreement shall be common with those of the
Utility Notification Center of Colorado. Responsibility for receipt and dispatch
outside of normal service hours is to be included in the administration of this
Agreement, as outlined in Exhibit A.
Page 1 of 5 Pages
99269'7
e. Standard of Performance. Contractor shall do the work in a thoroughly
workmanlike manner,in accordance with the attached Exhibit A,and in compliance
with all applicable laws, ordinances, and regulations.
f. Inspection of Work. Contractor shall at all times afford County access to any and
every part of the work so as to enable them to inspect and to ensure that the work
done conforms to this agreement.
g. Government Inspection. Contractor shall secure any necessary permits from the
proper authorities for its work pursuant to the terms of this Agreement..
h. Independent Contractor Agreement. In the performance of the work provided by
this agreement, it is understood and agreed that Contractor shall be and remain an
independent contractor. Employees of the Contractor shall remain as such and shall
not be eligible for salary or benefits from County. Work performed by employees of
Contractor pursuant to the terms of this Agreement shall be under the sole direction
of Contractor.
Liability Insurance. Contractor shall carry and maintain liability insurance which
shall protect County and Contractor jointly or separately, from any claim, suit, or
action which may arise from accident injury or loss to any person, persons. or
property resulting from negligence by Contractor, for work performed under this
agreement. The terms of the insurance shall cover the entire period when any work
is being performed under this agreement and until the acceptance of the work by
County.
Contractor shall carry insurance in the following amounts which shall name both
Contractor and County as named insured.
Limits
Comprehensive General Liability
Bodily Injury & Property Damage $1,000,000
Contractual Liability
Bodily Injury & Property Damage $1,000,000
Blanket Excess Liability Coverage $5,000,000
Workmen's Compensation As Required by Colorado State Law
Contractor agrees to indemnify and hold County harmless from any damages,
irrespective of when they occur, arising from negligent performance or non-
performance of work. hereunder by Contractor.
Page 2 of 5 Pages
j. Compliance with Government Regulations. Insofar as any work or conditions
of employment hereunder are affected, Contractor agrees at all times to be in full
compliance with all applicable Federal, State, County, and Municipal Boards,
Commissions and Bureaus, and agrees to hold County harmless from any
violation thereof. Contractor agrees to comply with all provisions of the
Occupational, Safety and Health Act, contained in Title 29, Code of Federal
Regulations. To the extent applicable, Contractor agrees that during the
performance of this agreement, it will comply with all provisions relating to equal
opportunity as required by the various executive orders.
2. BILLING AND PAYMENTS: Contractor shall,upon request,expose its books and records
associated with the work performed under this agreement for inspection by County. County
shall pay Contractor for the performance of this contract on the basis of the schedule of
prices specified in Exhibit B which schedules of prices may be modified, or changed by
mutual consent of the parties. hereto. Bills are to be presented weekly covering work
completed for periods Sunday through Saturday.
County shall pay Contractor for said work within 30 days after bills are presented. Invoices
not paid within 45 days after bills are presented will be subject to a late fee of fifteen percent
(15%) per annum.
3. PRICING: Contractor shall perform work at the prices outlined in attached Exhibit A
Price Schedule.
Adjustments to said Price Schedule shall be made once per year on the anniversary date
of this agreement. Such adjustments shall be equal to any increase or decrease in the
National Consumer Price Index (CPI) for the twelve-month period ending two months.
prior to the anniversary of this contract.
4. TERM: Subject to the provisions stated herein,this Agreement shall be and remain in full
force and effect for a period of one (1) year from the date of signature hereunder, and may
be renewed automatically for successive terms of one (1) year thereafter, unless sooner
terminated by either party upon the provision of thirty (30) days prior written notice to the
other party of such intended termination.
5. ASSIGNMENT: This Agreement shall extend to and be binding upon the heirs, executors,
administrators, successors, and assigns of the parties hereto. However, il is agreed that any
assignments by Contractor shall be subject to the consent of County,and that County would
not decline reasonable requests for such assignment.
6. GOVERNING LAW: This Agreement and all rights and obligations hereunder including
matters of construction,validity,and performance shall be governed by the laws of the State
of Colorado.
Page 3 of 5 Pages
7. HEADINGS: The headings of the clause contained herein are inserted for reference
purposes only and are not a part of this Agreement and in no way define, limit, or describe
the scope of this Agreement or the intent of any portion thereof.
8. NOTICES: All notices, requests or other communications under this Agreement shall be
in writing, and shall be sent by first class mail to the addresses set forth above. The contact
persons and their telephone numbers are as follows:
COUNTY: Susan Quick; (970) 356-4000, ext. 4944.
CONTRACTOR: W. H. (Bud) Satterfield, Jr.; (678) 461-3900
9. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the original
intent of the parties hereto.
10. NO THIRD PARTY BENEFICIARY ENFORCEMENT: 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 contained 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.
11. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any
Agreement with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise,or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no promises,
terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
12. NO WAIVER OF IMMUNITY: 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. The parties
hereto acknowledge and agree that no part of this Agreement is intended to circumvent or
replace such immunities.
Page 4 of 5 Pages
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the
date and year first written above:
ATTEST: n e I r /OP%WELD COUNTY, COLOFADO
w 71 r YS'
9 all
400.0,
Deputy Clerk to the Board qq Dale K. Ha 1, Chairm, t (//-08-c/9)
a va ay Board of County Commissioners of
L 1- � the County of Weld
UTILIQUEST, LLC
A
By:
N. Allen Robertson
President and CEO
NOTARY (i V Q ,( J OAS
Notary Public,Cir b County,Georgia.
My Commission Expires March 16,2001.
M:AW PPI LESVAGREEAUNDERGR.W PD
Page 5 of 5 Pages
Exhibit A
SPECIFICATIONS FOR
FACILITY LOCATING SERVICES
Weld County, Colorado
SECTION I DEFINITION OF TERMS Page A-2
SECTION II SCOPE OF WORK Page A-3
SECTION III PERFORMANCE OBJECTIVES Page A-4
SECTION IV MATERIALS Page A-5
SECTION V DAMAGE INVESTIGATION AND LIABILITY Page A-6
SECTION VI BILLING FOR SERVICES RENDERED Page A-8
SECTION VII INDEPENDENT CONTRACTOR Page A-9
SECTION VIII PRICE SCHEDULE Page A-10
SECTION IX CONTRACT AREA Page A-11
Page A-1
EXHIBIT A
I. DEFINITION OF' TERMS
1.00 A LOCATE shall be defined as a response to Notice of Excavation received by
Contractor for the purpose of clearing, identifying and/or marking the location of
County's underground facilities in the area of proposed excavation.
1.01 A NOTICE OF EXCAVATION is a notice by any excavator given either to the Utility
Notification Center of Colorado, or directly to County, of the excavators: intention to
excavate in designated location or locations.
1.02 UNDERGROUND FACILITIES shall include all underground structures and facilities
owned by County.
1.03 CLOSING OUT is the term used to describe the completion of at Notice of Excavation.
1.04 MARKING(S) is the application of paint, flags or stakes to clearly identify on a
horizontal plane the location of County's underground facilities within the 18" inch
tolerances set forth under the current State of Colorado law governing Underground
Facility Protection.
1.05 REASONABLE ACCURACY shall refer to marking within the 18" inch tolerance on
either side of the underground facility, as specified by the current State of Colorado law
governing Underground Facility Protection.
1.06 LOCATABLE UNDERGROUND FACILITY shall mean a County underground facility,
the presence of which can be deciphered by County facility records, and/or can be field
marked with reasonable accuracy, by using devices designed to respond to the presence of
such County underground facility.
1.07 IDENTIFIABLE BUT UNLOCATABLE FACILITY shall mean a County underground
facility, the presence of which is known, but which cannot be field located with
reasonable accuracy due to installation deficiencies, technical considerations or records
inaccuracy.
Page A-2
EXHIBIT A
II. SCOPE OF WORK
2.00 For the purpose of safeguarding County's Subsurface Facilities from excavation damage,
Contractor will receive and respond as required, to all excavation notices, directed to
County through the Utility Notification Center of Colorado or any other source, in
accordance with the current Colorado Underground Facility Protection Act. Contractor
shall provide such temporary markings and protection as may be required. Such
protection shall include painting, flagging or staking in accordance with the current State
of Colorado law governing Underground Facility Protection and County specifications.
2.01 Contractor shall provide complete personnel, office services, vehicles, and all tools and
materials required for the safe and proper performance of this Agreement.
2.02 Contractor's vehicles shall be equipped with two-way communication equipment, to
facilitate field communications.
2.03 Contractor shall provide all circuits and equipment required to receive requests from the
Utility Notification Center of Colorado. County shall be responsible for all other
contractual and cost obligations between County One-Call and County.
2.04 Normal service hours and working days of Contractor's office shall be from 7:30 a.m. to
5:00 p.m., Monday through Friday, except for holidays observed by County and the
Utility Notification Center of Colorado.
2.05 Contractor's administrative responsibility shall include, but not be limited to, receipt,
recording, dispatching and closing out of Notices of Excavation.
2.06 Contractor shall keep a record, for up to two (2)years, of each Notice of Excavation
indicating the time and date a mark-out was made, the type of facility marked, date, and
name of the call-back person notified. At the end of every year, the records for the year
prior to the preceding year, will be returned to County for storage.
2.07 All markings shall be in accordance with the current State of Colorado law governing
facility damage prevention and County specifications.
Page A-3
EXHIBIT A
III. PERFORMANCE OBJECTIVES
3.00 All "Emergency Excavation"notices shall be responded to within two (2) hours of receipt
by Contractor.
3.01 Minimum performance standards observed by Contractor shall comply with regulations
set forth under the current State of Colorado governing Underground Utility Damage
Prevention.
3.02 Contractor shall perform all work in a workman-like manner, and maintain a positive
public image.
Page A-4
EXHIBIT A
IV. MATERIALS
4.00 County shall provide to Contractor, sufficient sets of records of underground facilities,
and all other necessary maps and information required for the proper performance of this
Agreement.
All maps and records furnished by County shall remain the property of County and shall
be returned to County upon termination of this Agreement. All maps and records shall be
properly safeguarded and shall not be disclosed to persons not approved by County.
County shall further provide Contractor locating access to its facilities free of charge. Any
materials that should be furnished by County, but are provided by UTIL[QUEST Locate
Services, shall be billed to County at cost plus 10%.
Page A-5
EXHIBIT A
V. DAMAGE INVESTIGATION AND LIABILITY
5.00 In the event a Locatable County Underground Facility, as covered herein, is damaged by a
third party as a direct result of Contractor errors and omissions to properly mark such
County underground facility in accordance with the terms of this Agreement, and County
laws governing utility protection, Contractor shall be liable for full reasonable repair cost
of such damage, provided that notification to investigate the damage has been given to
Contractor by County. Repair costs shall not exceed $250.00 per incident for damages
caused by Contractor error. Contractor will not be responsible for downtime/delays to
these parties due to inaccurate locates.
5.01 Since time is of the essence in performing a proper investigation, it is required that upon
notification of damage to its facilities, when there is reason to believe that inadequate
locate marks may have caused such damage, County shall immediately upon making the
site safe (and no later than 16 working hours), notify Contractor to initiate an on-sitc
investigation of the incident. Notification will be made by calling a single 800 telephone
number to he provided by Contractor.
5.02 Upon receipt of notice to investigate, Contractor shall immediately dispatch an authorized
representative to investigate the damage, and submit a full report of its findings to County
within ten (10) working days. Contractor's Damage Investigation Report, shall be
completed on every investigated damage for proper assessment of responsibility.
5.03 County and Contractor shall hold meetings to review completed investigation reports, and
to assess responsibility. In general,judgements will be assessed against Contractor if
investigation proves that Contractor's performance has resulted in one or more of the
following:
1 . Contractor failed to properly mark-out all Locatable Underground Facilities in
conflict with the proposed excavation.
2. Contractor failed to identify the area of excavation.
3. Contractor failed to properly utilize facility records.
4. Contractor failed to request County's assistance upon suspicion of inaccurate
facility records.
Page A-6
EXHIBIT A
5.04 Judgements assessing damage responsibility against the excavator shall be made if the
investigation reveals that the excavators performance has resulted in one or more of the
following:
1. Excavator failed to maintain the markings and/or failed to call for refreshment of
markings.
2. Excavator failed to notify the Utility Notification Center of Colorado, or is working
on an expired ticket.
3. Excavator failed to stay within the limits of excavation area proposed on the
excavation notice, or agreed upon with Contractor.
4. Excavator failed to observe prudent excavation practice, such as hand digging, etc.
or failed to comply with the state Underground Facility Protection Act.
5.05 Damage responsibility will be absorbed by County should one or more of the following
situations exist:
1. County facility was not shown on County's facility maps, and could not be visually
ascertained in the field.
2. County facility was represented on the County's facility maps in a mariner
misleading to the facility locator.
3. County facility was identifiable but Unlocatable as defined in Article 1.07 herein.
5.06 Should the damage review process between County and Contractor reveal that County
does not find Contractor liable for the damage, County agrees to hold Contractor
harmless from any ensuing fines that may later be levied by the State of Colorado.
5.07 Should the damage review process between County and Contractor reveal that the
excavator is responsible for the damage, if requested, Contractor shall provide testimonial
and investigative support for any recovery efforts by County. The charges for such
investigation and testimonial shall be at the hourly rate specified in the price schedule.
Page A-7
EXHIBIT A
VI. BILLING FOR SERVICES RENDERED
6.00 County shall be billed for each Locate (or Locates) performed by Contractor. A single
locate shall constitute clearing, identification or markings of County facilities within a
distance of 600 feet of continuous linear dig area. Billing shall be at the rates provided in
the attached Price Schedule. Said bills shall be rendered weekly covering work completed
Sunday through Saturday of each week. Requests to remark after the start of excavation
shall be considered as an additional notice.
6.01 When the initial notice requires identification or marking in excess of 600 feet of
continuous linear dig area, additional locate units shall be billed for each additional 600'
feet or any increment thereof.
6.02 For jobs which are of unusual scope or on-going nature, and require Contractor to
regularly and repeatedly visit the excavation site, an hourly charge as specified in Item III
of the Price Schedule may be billable, provided, however, that such billing has been
specifically approved by County prior to commencement of work by Contractor. An
example would be highway relocation projects, or complex urban projects where the
excavator requests the locator to standby or to perform regular and repeated visits.
6.03 In the event County requests temporary use of Contractor's personnel to perform site
surveillance, or to provide investigation and testimonial support in damage cases for
which Contractor did not have liability, the hourly rate specified in the Price Schedule
shall be billable.
Page A-8
EXHIBIT A
VII. INDEPENDENT CONTRACTOR
7.00 For the purposes of this work for County, Contractor shall remain an independent
contractor. All persons furnished by Contractor shall be considered solely its employees
or agents, and Contractor shall be responsible for compliance with all laws, rules, and
regulations involving, but not limited to, employment of labor, hours of labor, working
conditions, payment of wages, and payment of taxes such as, unemployment, social
security, and other payroll taxes, including applicable contributions from such persons
when required by law.
7.01 Contractor does not anticipate the use of any subcontractors pursuant to this work for
County. Contractor shall not sublet any portion of the work outlined under this
Agreement without prior written approval and consent of County.
7.02 Contractor shall be responsible to maintain and administer an Anti-Drug and Alcohol
Misuse policy in full compliance with the U. S. Department of Transportation's
"Procedures for Transportation Workplace Drug Testing Program" (49 CFR Part 40) and
the Research and Special Programs Administration "Control of Drug Use in Natural Gas
Liquified Natural Gas, and Hazardous Liquid Pipeline Operation" (49 CFR Pail 199).
Page A-9
EXHIBIT A
VIII. PRICE SCHEDULE
County
Only
I. Price Per Locate $14.25
Normal Hours 7:00 a.m. - 5:00 p.m.
Mon - Fri
II. Price Per Clear Locate Site $9.40
Ill. Standby Request, Hourly Locate $47.50
Investigation & Testimonial (Per Hour)
After Hours 5:01 pm - 6:59 am (Callout)
Mon - Fri and Holidays
After hours callouts will be billed with a minimum of two (2) hours. Work performed is defined
as locating work performed before 7:00 a.m. and after 5:00 p.m. Monday - Friday, or at any time
on Saturdays, Sundays, or holidays. All work done on an hourly basis must be approved by
County, except emergency callouts.
Page A-10
EXHIBIT A
IX. CONTRACT AREA
The following County service areas are covered under this Agreement:
All of Weld County, Colorado, including, but not limited to, the areas within incorporated
municipalities.
M:\W PPILE S\AGREE\UNDEREXA.W PD
Page A-11
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