USIC Locating Services, LLC ~ C180032 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUSTACCOMPANYEYERYCONTRACT)
Contract Title: Locating and Marking Underground Utilities Services Number: C ag
Contractor: USIC Locating Services,LLC Contract Total: $715,000
Contract Overview. Contractor will proxnde services to locate all cit-,-underground facilities located within
the cltv.'s water semice area boundary,locate all city underground facilities within the
city boundary for storm water and sanita -collection systems, following all
applicable statues and regulations pertaining to facility locating,and marked with
reasonable accuracy to protect the city's underground facilities during excavations
within or nearby:-these facilities.
Initial Risk Level: ❑ Extreme ❑ High X Moderate ❑ Low
Risk Reduction Steps: Provide adequate GIS and Pang. Construction Details for:underground facilities
Update USIC information on a regular basis:proxide communications protocols
Risk Comments-
Risk Signature-
C onuact Manager:John Goodrich Ext: 2609 Department: Pubhc Works
Type. ❑ Personal Svc X Professional Svc ❑ Architectural.kgr ❑ Public Imp ❑ G neral Svc
❑ Engineering Svc ❑ Other: Start Date: End Date: 30 1061�
Quotes/Bids;Proposal FIRM ANrouNT/Sr F
USIC 100
Locating, Inc Unresponsive
Slate Locating Unresponsive.
North Sig-Communications Unresponsive
,account String: Fund-Division-Account Work Order—ActiviW J)Me Amount
FY 18 530-6500-54001 50,000
FY 18 500-6600-54001 12.500
FY 18 510-6700-54001 12.500
FY'
FY
Apurovals - � LCRB Date:
Department Comments `A)
Department Signature-
Purchasing Comments-
Purchasing Signature,
Cite Dlanaget Comment
City Manager Signature:
c, lwosp.,
Contract Number
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
LOCATING AND MARKING OF UNDERGROUND UTILITIES
THIS AGREEMENT made and entered into this 6`' day of December, 2017 by and between the
City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and USIC
Locating Services,LLC,hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2017-2018 fiscal year budget provides for services related to underground
utility locating services;and
WHEREAS,City has need for the services of a company with a particular training,ability,knowledge,
and experience possessed by Consultant,and
WHEREAS, City has determined that Consultant is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together
with an executed copy of this:agreement. Consultant agrees to complete work that is detailed
in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City
will be contained in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on June 30,2018. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A
for performance of those services described herein and in any subsequent agreements that
arise from the work under this Agreement. The total amount paid to the Consultant by the
City shall not exceed Seventy-Five Thousand and No/100 Dollars ($75,000.00) if all tasks are
completed. Any and all payments made to the Consultant shall be based upon the following
applicable terms:
A. Pavment by City to Consultant for performance of services under this Agreement includes
all expenses incurred by Consultant, with the exception of expenses, if any identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. Payment by City shall releasc:City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall
not be considered acceptance or approval of any work or waiver of any defects therein.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. If Consultant fails,neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subcontractor by any person as such claim becomes
due, City's Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Consultant. The payment of the claim in this
manner shall not relieve Consultant or their surety from obligation with respect to any
unpaid claims.
H. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
I. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other needed
care and attention incident to sickness or injury to the employees of Consultant or all sums
which Consultant agrees to pay for such sen ices and all moneys and sums which
Consultant collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding during future fiscal
years shall be subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Consultant
prior to termination of this Agreement by Consultant or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
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tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them,and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is
and shall be deemed to be an independent Consultant as defined by ORS 670.600 and not
an employee of City,shall not be entitled to benefits of any kind to which an employee of
City is entitled and shall be solely responsible for all.payments and taxes required by law.
Furthermore,in the event that Consultant is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due,or to demand repayment of any amounts paid to Consultant under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Consultant receives (from City or third parts) as a result of said finding and to the full
extent of any payments that City is required to make (to Consultant or to a third parts) as
a result of said fording.
B. The undersigned Consultant hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive
any remuneration of any description from Consultant, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his or her normal charge for the type of service provided.
Consultant and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
C. Consultant shall obtain,prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
D. Consultant is not an officer,employee,or agtnt of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material
inducement to enter into this Agreement. Consultant represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
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as the requirements of applicable federal, state and local laws, it being understood that
acceptance of a Consultant's work by City shall not operate as a waiver or release.
Consultant agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and witness
costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies) that may be asserted by any person
or entity which in any way arise from, during or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification shall also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity shall be found to
be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
8. INSURANCE
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly
or indirectly out of Consultant's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Consultant shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain,at Consultant's expense,and keep in effect during the term of this
contract,Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injur; $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
If Consultant uses a personally-owned -chicle for business use under this contract, the
Consultant shall obtain,at Consultant's expense,and keep in effect during the term of the
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contract,business automobile liability coverage for all owned vehicles on an"occurrence"
form. The Combined Single Limit per occurrence shall not be less than $2,000,000.
C. Workers' Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers..
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Consultants who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII"or better,or equivalent. The City reserves the right
to reject all or an;insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Consultants may self-insure for business risks and the
City will consider whether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Consultant is self-insured
for commercial general liability or automobile liability insurance the Consultant must
provide evidence of such self-insurance. The Consultant must pro,-ide a Certificate of
Insurance shoving evidence of the coverage amounts on a form acceptable to the Citxy.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
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H. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant is not an officer,employee or agent of the City as those terms are
used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause uill be included in all general
liability,professional liability,pollution and errors and omissions policies required by this
contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded
to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance,Consultant shall be obligated for the total amount
of any damage,injury,or loss caused by negligence or neglect connected with this contract.
9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery
mail or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments, and other information:
Crn of.TIcaRD USIC LOCA NG SERVICE S, ILC
Attn: John Goodrich Attn: Darin Stalbaum
Address: 13125 SW Hall Blvd Address: 9045 N. River Road,Suite 300
Tigard OR 97223 Indianapolis,IN 46240
Phone: (503) 718-2609 Phone: (317)575-7885
Email: johng0,tigard-or.gov Email: darinstalbautn(Qusicllc.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid,or when so faxed, shall be deemed given upon successful fax. In all other instances,
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notices,bills and payments shall be deemed given at the time of actual deli-,ery. Changes may
be made in the names and addresses of the person to who notices, bills and payments are to
be given by giving written notice pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties vcith
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made
in writing and signed by both parties.
11. PROFESSIONAL SERV ICES
The City requires that services provided pursuant to this agreement shall be provided to the
City by a Consultant that does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an attorney and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) da-s to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a wad•that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if
there is an assignment for the benefit of creditors of Consultant.
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Any such termination of this agreement under paragraph(.k) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
with its terms,and after receipt of written notice from City,fails to correct such failures
,within ten (10) days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the abo`a clause related to defaults ;including
breach of contract) by Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Consultant bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Consultant. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
C. Consultant can terminate this Agreement upon thirty (30 Days) days prior written notice
to the City. Upon such termination, the only liability ,sill be that of the City for any
Services performed by USIC prior to the effective date of termination.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
15. FORCE MMEURE
Neither City nor Consultant shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled,including but not restricted to, an act of
God or of a public enemy, civil unrest,volcano, earthquake, fire, flood,epidemic,quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten (10) days from the beginning of such delay, notify the other party in writing of the
cause of delay and its probable extent. Such notification shall not be the basis for a claim for
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additional compensation. Each party shall,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules, and regulations. Consultant also shall comply vith the
Americans with Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative
rules established pursuant to those laws.
18. ERRORS
Consultant shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delay s and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change)
work. Failure of Consultant to secure authorization for extra work shall constitute a waiver
of all right to adjustment in the contract price or contract time due to such unauthorized extra
work and Consultant thereafter shall be entitled to no compensation whatsoe-�•er for the
performance of such work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final
acceptance of the work by the owner. Consultant warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Consultant
from liability under warranties contained in or implied by this Agreement.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and
court costs,including attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal,state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime,medical
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care, workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapters 279A,279B and 279C,
the provisions of which are hereby made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract,this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
26. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction,the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when then
entered into the agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable,seller must make payment promptly as due to persons supplying Consultant
labor or materials for the execution of the work provided by this order. Consultant shall not
permit any lien or claim to be filed or prosecuted against Bu)er or any subdivision of City on
account of any labor or material to be furnished. Consultant further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week,except in cases of necessity,or
emergency or where the public policy absolutely requires it,and in such cages,except cases of
contracts for personal services as defined in ORS 279A.055, the labor shall be paid at least
time and a half for all overtime in excess of eight (8) hours a day and for all work performed
on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for
personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half
for all hours worked in excess of forty(40)hours in any one week,except for those individuals
excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS' COMPENSATION
Consultant shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury,to the employees of such Consultant,of all sums which
the Consultant agrees to pay for such services and all moneys and sums which the Consultant
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collected or deducted from the wages of the employees pursuant to any law, Consultant
agreement for the purpose of providing or paging for such service.
30. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver,consent,modification,or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such v�aiver, consent, modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings,agreements,or representations,oral or written,not specified herein regarding
this Agreement. Consultant, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, Cit r has caused this Agreement to be executed by its duly authori ed
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
C OF TIG USIC LLQ ' (�
By: Marty Wine, Cit.,Manager By:Authorize Agent of Consultant
!7 c211-311?
Date Date
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ExHIBIT A
SERVICES TO BE PROVIDED
I. Scope of Work
A. Definitions
1. "Business Dav" -Any 24-hour day other than Saturday, Sunday or any legal,local,state or
federal holiday.
2. "Excavation" - Means any operation in which earth, rock, or other material on or below
the ground is moved or otherwise displaced by any means,except sidewalk,road and ditch
maintenance less than 12 inches in depth that does not lower the original grade or original
ditch flow line. "Excavation' does not include the tilling of soil for agricultural purposes
conducted on private property that is not within the boundaries of a recorded right-of-
way or easement for underground facilities.
3. "Excavation Site" -The area where an excavator intends to or does Excavation.
4. "Excavator" - Any person who engages directly in Excavation and/or the design of
Excavation and requests the location of City Underground Facilities.
5. "Excavator Notification"-Notification given to the excavator that Underground Facilities
or plant are not present at the Excavation Site.
6. "Facility Owner"—City of Tigard
7. "Locate" - The identification and Marking of all City Underground Facilities within an
marked Excavation Site,regardless of the number of property owners and Locate Requests
within the marked excavation site or section.
8. "Locate Request"
a. "Normal Locate Request" -A request to locate received more than two business days,
but not more than ten business days before the commencement of Excavation.
b. "Emergency Locate Request" - A request to locate when a condition exists which
poses an immediate danger demanding prompt action to prevent loss of life, or to
mitigate damage to property, or to prevent interruption of essential public services or
to prevent a customer service outage.
9. "Mark or Markin' -The use of stakes,paint,or other clearly identifiable material to
show the field location or absence of Underground Facilities in accordance with ORS
757 and OAR 952.
10. "Oregon Utility Notification Center" (OUNC) -The state agency that administers a
statewide system, commonly referred to as the One Call Center,through which a
person can nodi -operators of Underground Facilities of proposed excavations and
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can request that the Underground Facilities be marked.
11. "Person" -Any individual,partnership, franchise holder,association,corporation,
state, city-, county,or any subdivision or instrumentality-of a state and its employees,
agents,or legal representatives.
12. "City Project Drau-ing_s"—The best available drawings showing the location,to the
extent known,of the City's underground utilities or facilities.
13. "Reasonable Accuracy" -Locating within 24 inches of the outside lateral
dimensions of both sides of an Underground Facility.
14. "Underground Facility' -Items partially or entirely below the surface of the ground for
use in connection with the storage or conveyance of electrical energy,water,sewage,
reuse water,petroleum products,gas,gaseous vapors or hazardous liquids, or the
transmission of electronic, telephonic,telegraphic or cable communications. Such
items include,but are not limited to,pipes, sewers, conduits, cables,valves,lines,wires,
manholes,attachments and those parts of poles or anchors that are underground.
15. "Unlocatable Underground Facilities" -An LTnderground Facility that cannot be
marked with reasonable accuracy,including nonconductive severs and nonmetallic
Underground Facilities that have no trace wires.
16. "Visual Examination"Determination of the existence of the Facility Owner's
Underground Facility at the Excavation Site by visual means rather than from the
Facility Owner's maps and records.
B. Tasks for which Contractor is responsible
1. Provide sufficient qualified staff, office and field equipment,including
transportation and supplies to fulfill Contractor's duties under this contract.
2. Provide City notification when a new supervisor or field locator is hired and will be
working in City's service area.
3. Receive, record,and respond to Normal and Emergency Locate Requests from the
OUNC's One-Call Center during regular business hours of the One-Call Center (7:00
a.m. through 5:00 p.m. on Business Days).
4. Receive,record,and respond to Emergency Locate Requests from the OUNC's One-
Call Center on Saturday,Sunday,any legal local, state or federal holiday and from 5:00
p.m. through 7:00 a.m. on Business Days.
5. Store and safeguard Civ's facility maps,records, and Water Main Project Drawings.
6. Update maps used for Locating and Marking Underground Facilities in the field on a
monthly basis.
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7. Maintain records appropriate to support the invoicing and recording requirements set
forth in Section II.� of this exhibit.
8. For each Locate Request received follow the City locating procedures in Section
I.0 and:
a. Determine the type of request and if a Visual Examination is required using
City's maps,records, and Water Main Project Drawings.
b. When City supplied maps, City Project Drawings,records or instructions
indicate a Visual Examination is required,visit the Excavation Site, and Locate
City's Underground Facilities as required or pro-tide Excavator Notification.
c. If Visual Examination is not required,provide Excavator Notification.
9. For each Normal Locate Request received, Contractor shall complete the
requirements of paragraph I.B.8 of the Scope of Work in accordance with OAR 952
which is currently two business days of receiving the request.
10. For each Emergency Locate Request received, Contractor shall complete the
requirements of paragraph I.B.8 of the Scope of Work as soon as reasonably
possible.
11. Contractor shall Locate all of City's locatable Underground Facilities with
Reasonable Accuracy.
12. Contractor shall notify the Excavator of the presence of any Unlocatable
Underground Facilities and caution the Excavator that any location information
supplied is not within the definition of Reasonable Accuracy.
13. Contractor shall promptly notify City of any discrepancies,mistakes or omissions in
the records,maps,or other information provided by City.
14. Contractor's Project Manager/primar; point of contact, supervisor responsible for
overseeing field locators,and other staff shall attend a quarterly status meeting at the City's
Public Works Building or via conference call on an as needed basis.
15. For design information Locate Requests or pre-survey requests,Contractor shall Mark the
facilities as required and call City's GIS Mapping staff with the ticket number and
requestor's contact information. City staff will coordinate the release of maps, as-built
drawings, if available, and City Project Drawings, if available, with the entity requesting
the locate.
16. Contractor may be requested to provide additional services, such as site surveillance,
inspection, follow-up visits,maintenance of marks and stakes, collection of GPS data on
certain infrastructure,standby protection,and testimonial support.Additional services and
associated costs to be charged must be specifically approved by City prior to
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commencement of the work.
C. City Locating Procedures
1. Locating Responsibility
Contractor shall locate all City Underground Facilities as shown on City provided maps,
including water distribution system infrastructure located within the city's water service
area boundary. The area where City Underground Facilities are located is generally the
urban areas within the City of Tigard for sanitary and stormw-ater system,and a portion of
Tigard, and the two smaller cities (Durham, and King City), and a portion of
unincorporated Washington County(Tigard Water District) for water distribution system.
The Contractor will not provide any water system Underground Facility locates within the
Tualatin Valley Water District(TVW`D),which provides water services to a portion of the
City of Tigard. The Contractor will not provide locates for Underground Facility's for
Clean Water Services (CWS) as a part of this City contract.
2. Underground Facility Locating
Applicable statutes and regulations distinguish locatable Underground Facilities, or those
which can be Marked with Reasonable Accuracy,and Unlocatable Underground Facilities,
which cannot. While storm and sanitary sewer main lines generally fall within the former
category, private lateral lines and pressure mains are generally unlocatable per the
definition in OAR 952. All water service line connections to a water meter are locatable
as Underground Facilities,and owned b;the City.
Contractor shall Mark locatable facilities with Reasonable .Accuracy and take all other
necessary steps required by applicable statutes and regulations. For unlocatable facilities,
Contractor shall provide Excavators with the best description of the facilities available as
required by applicable statutes and regulations.
Typical locating procedures for Underground Facilities are included below.
a. Verify the locator has the most recent update to the GIS maps of City's Underground
Facilities.
b. Identify the area of the Excavation Site on the City's GIS maps.
e. Review the appropriate GIS map area to determine if City Underground Facilities are
located within the Excavation Site identified on the locate ticket using the City's GIS
line color schema described below.
i. Gravity storm sewer lines—solid green line
ii. Gravity sanitary sewer lines—solid red line
iii. Pressure water lines—solid blue line
iv. Abandoned facilities - dashed lines in solid color of utility designator
v. TVWD pressure water lines within City boundary—solid blue line with red border
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d. Locate and Mark all City Underground Facilities within the Excavation Site.
3. Locating and Marking Practices for Underground Facilities
Contractor shall follow Cit;'s Locating and Marking practices for the specified
Underground Facility listed below:
a. Gravity Sanitary Sewer and Storm Sewer Mainlines
Storm and sanitary gravity mainlines generally are "locatable" as that term is defined
in OAR 952-001-0010. For locatable mainline storm and sanitary sewer pipes,
Contactor shall mark the location with paint within Reasonable Accuracy and as
required by Oregon law. Contractor shall Mark these facilities in both public street
rights-of-way and within utility easements on private property.
b. Water Pressure Mains (Water Lines)
Water distribution system pressure mainlines generally are "locatable" as that term is
defined in OAR 952-001-0010. For locatable water mainline pipes, Contactor shall
mark the location with paint within Reasonable Accuracy and as required by Oregon
law. Contractor shall Mark these facilities in both public street rights-of-way and
within utility easements on private property. This will include all water service line
connections from the pressure mainline to the water meter. All service lines are
metallic (copper).All water mainlines are cast or ductile iron(metallic).
c. Laterals
These facilities are generally"unlocatable"per applicable statutes and regulations since
they are nonmetallic underground facilities that have no tracer wire and cannot be
Marked with Reasonable Accuracy. Contractor shall follow the procedures below:
i. Laterals in public rights-of-way
Contractor shall mark the location of the tee at the main line with paint according
to the footages provided on City maps. Contractor shall Mark the lateral's
estimated location at the property line with a painted "UL" designation showing
that it is an unlocatable facility.The location at the property line is determined by
the locating Contractor by following a 90°path from the tee at the main line. For
laterals leaving at a manhole, the path of the lateral will be determined by
Contractor pulling the manhole lid to see the point where the lateral leaves the
manhole.
ii. Laterals in dedicated easement
Contractor shall mark the location of the tee at the main line with paint according
to the footages provided on City maps and include a painted "LTL" designation
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showing that it is an unlocatable facility.
iii. Laterals on private property not in a dedicated easement
Contractor is not responsible for locating laterals on private property that are not
in a dedicated easement. Laterals on private property are generally not shown on
City maps.
II. Special Terms and Conditions
A. Invoicing and Reporting
Contractor's invoice shall include the following:
1. Billing period during which the services were performed;
2. Total number of Locate Requests received for the billing period;
3. Total number of Locates performed during the billing period;
4. Total number of Non-Locates performed during the billing period;
5. Any additional work performed,hourly rate,staff and number of hours during the billing
period;
6. Total number of Locate Requests received during the current fiscal year Quly 1-June 30);
7. Total number of Locates performed during the current fiscal year;
8. Total number of Non-Locates performed during the current fiscal year;and
9. Total invoiced,total received,and total remaining during the current fiscal year.
City may request the number of Emergency Locates and Locate Requests for design purposes
(pre-survey) on a quarterly basis.
B. Maps
City maintains up to date schematic system maps of the public water,storm,and sanitary sewer
systems as well as other City owned facilities. City will provide Contractor with an electronic
version of the maps in ESRI personal or file geodatabase format. City Project Drawings will
be provided by City to Contractor prior to commencement of the Contract term and updated
as new information becomes available.
Contractor is required to dov.mload updated City maps on a monthly basis. Updated ESRI
personal or file geodatabases will be available on the City's file transfer appliance. Contractor
is responsible for downloading the updated maps and ensuring field staff have the latest map
updates.
All maps,drawings, sketches,or other technical information either oral,written,or otherwise
furnished or disclosed to or obtained by Contractor in the performance of this Contract shall
remain the property of City. All copies of such information shall be returned to City upon
written request or at the completion of this Contract.
C. Compliance with all Laws
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1. Contractor agrees that it will abide by the "Short Term Traffic Control Handbook"
published by the Oregon Department of Transportation.
2. Contractor shall at all times comply with ORS 757 and OAR 952.In the event of a conflict
between the requirements of this Contract and the OAR, the stricter requirements shall
be controlling.
D. Duration of Contract
This Contract shall begin on the date indicated on page one and shall terminate on June 30,
2018.The Contract may be renewed upon the agreement of the parties for up to two additional
one-)ear periods.
E. Unit Price Adjustments
Unit Price adjustments will be allowed only at the beginning of a renewal period. Contractor
may increase Contractor's unit prices by an amount that is equal to the percentage change in
the Consumer Price Index, Urban Wage Earners and Clerical Workers, U.S. City Average,
during the previous Contract year. Contractor shall notify City of proposed price changes at
least six months prior to the end of the current Contract term.No increases in unit prices shall
be effective until Contractor provides City with the revised pricing and evidence supporting
the calculation of the increased prices based on the formula set forth herein and the parties
enter into an Amendment
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EXHIBIT B
CONSULTANT'S PROPOSAL
I. Unit Costs
A. District shall pay Contractor at the following rates:
a. Unit Price for Per Ticket received from the One Call: $15.50 or$5.16 per utility
b. Project Price Per Quarter Hour for Tickets that Exceed 30 minutes: $13.00
c. Unit Price per Quarter Hour for Watchdogs or Site Surveillance Work: $13.00
d. After-hours Hourly rate: $35.00
B. City's total payment to Contractor shall not exceed $75,000 for the period December 1,
2017 through June 30,2018.
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