USIC Locating Services, LLC ~ C190001 CITY OF TIGARD,OREGON- CONTRACT SUMMARY FORM
(THIS FORM MUSTACCOMPANYEYERYCONTRA CT) �
Contract Title: Underground Utility Locating Services Number:
Contractor: USIC Locating Services,LLC Contract Total: S125K Annually
Contract Overview: Services related to the location of underground utility-assets.
Initial Risk Level. ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager:John Goodrich Ext: 2609 Department: PW
Type: ❑ Personal Svc ® Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date:ter-�8 End Date: 6/30/2019
Quotes/Bids/Proposal FIRM AMOUNT/SCORE
USIC Locating Services,LLC 98/100
Precision Locating, Inc. 90/100
Account String: Fund-Division-Account Work Order—Activity Tyke Amount
FY 2019 530.6500.54001` voy *125.000.ft
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Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments: /A #A
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Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
City ofrigard
FINANCE AND INFORMATION SERVICES
v � Request for Proposal (RFP)
UNDERGROUND UTILITY
LOCATING SERVICES
Proposals Due: Tuesday, May 22, 2018 -2:00 pm local time
Submit Proposals To: City of Tigard—Contracts &Purchasing Office
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Direct Questions To: Joe Barrett, Sr. Management Analyst
Phone: (503) 718-2477
Email: josePh(�),tigard-or.gov
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-4171 1 www.tigard-or.gov
PUBLIC NOTICE
REQUEST FOR PROPOSAL
UNDERGROUND UTILITY LOCATING SERVICES
The City of Tigard is seeking sealed proposals from firms qualified to provide underground utility locating
services in accordance with State of Oregon revised statues and administrative rules for the City's Public
Works Department. Proposals will be received until 2:00 pm local time, Tuesday, May 22, 2018, at Tigard
City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard, Oregon 97223.
No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and
electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
RFP packets maybe downloaded from http://www.tigard-or.gov or obtained in person at Tigard City Hall's
Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
PUBLISHED: Daily-journal of Commerce
DATE: Wednesday,May 2, 2018
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TABLE OF CONTENTS
TITLE PAGE
TitlePage-----------------------------------------------------------------------------------------------------------1
Public Notice 2
-----------------------------------------------------------------------------------------------------
Table of Contents 3
SECTIONS
Section 1 Introduction 4
----------------------------------------------------------------------------------------------
Section 2 Proposer's Special Instructions--------------------------------------------------------------------------4
Section 3 Tigard Profile-------------------------- -------- -------- -------- -------- -------- -------- ---------7
Section 4 Scope and Schedule of Work-----------------------------------------------------------------------------7
Section 5 Proposal Content and Format_ _________ _________ _________ _________ _________ _________ ________8
Section 6 Proposal Evaluation Procedures________ _________ _________ _________ _________ _________________10
Section 7 Proposal Certification--------------------------------------------------------------------------------------12
Section8 Signature Page-------------------------------------------------------------------------------------------------13
ATTACHMENTS
Attachment A Acknowledgement of Addendum--------------------------------------------------------------------14
Attachment B Statement of Proposal--------------------------------------------------------------------------------------15
Attachment C City of Tigard General Services Agreement_ _________ _________ _________ _________________16
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SECTION 1
INTRODUCTION
The City of Tigard is seeking sealed proposals from firms qualified to provide underground utility locating
services in accordance with State of Oregon revised statues and administrative rules for the City's Public
Works Department. Proposals will be received until 2:00 pm local time, Thursday, May 22, 2018, at Tigard
City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard, Oregon 97223.
No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and
electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
SECTION 2
PROPOSER'S SPECIAL INSTRUCTIONS
A. PROPOSED TIMELINES
Wednesday, May 2, 2018 Release of Request for Proposal
Tuesday,May 22, 2018—2:00 pm Deadline for Submission of Proposals
Tuesday,-June 12,2018 Award of Contract by LCRB
Monday, uly 2, 2018 Commencement of Services
NOTE: The City reserves the right to modify this schedule at the City's discretion
B. GENERAL
By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently
and has been submitted without any collusion designed to limit competition.
C. PROPOSAL SUBMITTAL
The Proposal and all amendments must be signed and submitted no later than 2:00 pm,Tuesday,May
22,2018,to the address below. Each proposal must be submitted in a sealed envelope and designated
with proposal title. To assure that your proposal receives priority treatment,please mark as follows.
RFP-UNDERGROUND UTILITY LOCATING SERVICES
City of Tigard—Utility Billing Counter
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Proposer shall put their name and address on the outside of the envelope. It is the Proposer's
responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be
RFP—Underground Utility Locating Services 4 1 Page
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responsible for the proper identification and handling of any proposals submitted incorrectly. Late
proposals, late modification or late withdrawals shall not be considered accepted after the stated bid
opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will
not be accepted.
D. PROTEST OF SCOPE OF WORK OR TERMS
A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and
sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to
the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the
reasons for the protest and shall detail any proposed changes to the scope of work or terms. The
Purchasing Office shall respond to any protest and,if necessary, shall issue any appropriate revisions,
substitutions, or clarification via addenda to all interested Proposers.
To be considered, protests must be received at least five (5) days before the proposal closing date.
The City shall not consider any protest against award due to the content of proposal scope of work
or contract terms submitted after the established protest deadline. All protests should be directed to
the attention of Joe Barrett, Sr. Management Analyst, and be marked as follows:
RFP Specification/Term Protest
City of Tigard—Contracts and Purchasing Office
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a protest is received in accordance with section above, the proposal opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal
documents.
E. PROPOSAL SUBMISSION AND SIGNING
All requested forms and attachments (Signature Page, Acknowledgment Addendum, Statement of
Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and
signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in
this RFP.
F. COST OF PREPARING A PROPOSAL
The RFP does not commit the City to paying any costs incurred by Proposer in the submission or
presentation of a proposal, or in making the necessary studies for the preparation thereof.
G. INTERPRETATIONS AND ADDENDA
All questions regarding this project proposal shall be directed to Joe Barrett, Sr.Management Analyst.
If necessary, interpretations or clarifications in response to such questions will be made by issuance
of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing,
but in no case less than 72 hours before the proposal closing. If an addendum is necessary after that
time, the City, at its discretion, can extend the closing date.
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Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the
"Acknowledgment of Addendum"with proposal. Only questions answered by formal written addenda
will be binding. Oral and other interpretations or clarifications will be without legal effect.
H. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED
The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any
business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful
Contract will be required to present a copy of their City of Tigard Business License at the time of
contract execution. Successful Contractor shall also complete a W-9 form for the City at the time of
contract execution.
I. CITY'S PROTECT MANAGER
The City's Project Manager for this work will be John Goodrich, Public Works Operations Manager,
who can be reached by phone at (503) 718-2609 or by email at johngktigard-or.gov.
J. PROPOSAL VALIDITY PERIOD
Each proposal shall be irrevocable for a period of ninety (90) days from the Proposal Opening Date.
K. FORM OF CONTRACT
A copy of the City's standard general services agreement,which the City expects the successful firm
or individual to execute, is included as "Attachment C". The contract will incorporate the terms and
conditions from this RFP document and the successful proposer's response documents. Firms taking
exception to any of the contract terms shall submit a protest or request for change in accordance with
Section 2.1) "Protest of Scope of Work or Terms" or their exceptions will be deemed immaterial and
waived.
L. TERM OF CONTRACT
The term of the contract shall be a period of one (1) year with the mutual option to renew for up to
four (4) additional one-year periods. The total term of the contract cannot exceed five (5) years.
M. TERMINATION
The contract may be terminated by mutual consent of both parties or by the City at its discretion with
a 30 days' written notice. If the agreement is so terminated, Contractor shall be paid in accordance
with the terms of the agreement.
N. INTERGOVERNMENTAL COOPERATIVE PURCHASING
The bidder submitting this proposal agrees to extend identical prices and services under the same
terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect
the City of Tigard usage only.
Each participating agency shall execute its own contract with the lowest responsible/responsive bidder
for its requirements. Any bidder(s), by written notification included with their bid, may decline to
extend the prices and terms of this solicitation to any and/or all other public agencies.
O. NON-COLLUSION
Proposer certifies that this proposal had been arrived at independently and has been submitted without
collusion designed to limit independent bidding or competition.
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P. PUBLIC RECORD
All bid material submitted by bidder shall become the property of the City and is public record unless
otherwise specified. A bid that contains any information that is considered trade secret under ORS
192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law,
ORS 192. The above restrictions may not include cost or price information,which must be open to
the public.
SECTION 3
TIGARD PROFILE
With a diverse economy, strong schools and outstanding parks, Tigard is one of the most livable cities in
Oregon. Since its incorporation in 1961, the city has grown to become a desirable and affordable community
in the Portland metro area. Residents enjoy access to more than 16 miles of paved trails and nearly 550 acres
of parks and open spaces. Tigard's population estimate is 51,902 residents (2016 Census estimate). As a
community,Tigard strives to blend the amenities of a modern city with the friendliness and community spirit
of a small town.
SECTION 4
SCOPE AND SCHEDULE OF WORK
The City of Tigard Public Works Department Utility Divisions owns and maintains approximately 260 miles
of water mains within the Tigard Water Service Area (King City, Durham, Tigard, and West Bull Mountain
area) serving over 60,000 customers, 168 miles of sewer mains, and 168 miles of serving over 50,000 homes
and businesses within the city. Each home or business has its own water and/or sewer service lines. Since
locating and marking underground utilities was conceived, the City of Tigard has performed its own locating
service.
The City of Tigard is member of Oregon 811,which requires the City to receive and pay for any and all locate
requests that Oregon 811 received within 10 feet of our infrastructure. The utility infrastructure maps that
Oregon 811 uses, has been and will continue to be updated by the City of Public Works Department. The
city uses an enterprise Geographical Information System (GIS) and Computerized Maintenance Management
System (CMMS) to track asset and activity data.
A. SCOPE AND SCHEDULE OF WORK
Locating and marking underground utilities will consist of the following:
1. Provide sufficient qualified staff,vehicles,paint,flagging,and all other locating equipment to fulfill
its duties under this contract.
2. Store and safeguard the City's location maps and records. This information is sensitive in nature
and records shall not be disclosed to or made available to persons not approved by the City.
3. Maintain records appropriately to support the invoicing and recording requirements set forth in
this contract.The Contractor agrees to a records retention period of six (6) years.
4. For each locate request received, the Contractor shall screen, prioritize and visit the excavation
site if necessary and locate the City's facilities as required by the Oregon Utility Notification
Center.
5. From January 1, 2018 to April 30,2018 the city received 1,799 Utility Notification Center (UNC)
tickets,243 project tickets,292 tickets that exceeded a quarter hour to complete,and 10 emergency
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tickets (after-hours). For 2015, the city received 6,303 ticket requests, in 2016 the city received
5,246 ticket requests and in 2017 the city received 7,005 tickets requests.
6. For each locate request received, the Contractor shall be responsible for adequacy of excavator
notification in compliance with the Oregon Utility Notification Center excavation rules.
7. All "normal" 72 hours locate request shall be complete within three (3) full business days of
receiving the request and all"emergency"request shall be treated as an emergency and completed
as soon as possible and as soon as it can be done safely according to Oregon Utility Notification
Center excavation rules.
8. The Contractor may be requested to provide such additional services as site surveillance,
maintenance of marks and flags, and stand-by protection.
9. The Contractor will investigate all incidents of damage for accuracy of the locate(s) and will submit
to the City a written report of said investigation within five (5) business days. The Contractor will
maintain a copy of the written report for a period of six (6) years. The Contractor will give
testimonial support in cases where deemed necessary by the City.
10. The Contractor shall locate all of the City's locatable facilities at an excavation site in accordance
with the Oregon Utility Notification Center excavation rules.The Contractor shall be liable for all
damages when a valid request to locate locatable facilities has been made, unless the locate was
made within the required accuracy. In such cases, the Contractor shall assist in recovery of any
damages.
11. The Contractor shall notify the excavator of the presence of any identifiable, but un- locatable,
facilities of the City and caution the excavator that any location information supplied may not be
within the definition of reasonable accuracy.
12. The Contractor shall utilize all information transmitted by the City solely for the purpose of
performing locates on behalf of the City.
13. The Contractor agrees that in carrying out this contract that he will comply with all applicable
federal, state, and local laws.
B. ADDITIONAL SERVICES REQUESTED
The Basic Scope of Contractor's Services, as currently envisioned by the City, include locating
underground water and sewer infrastructure. Additional services to be provided by the selected
consultant include the following:
1. Store and safeguard the City's location maps and records. This information is sensitive in nature
and records shall not be disclosed to or made available to persons not approved by the City.
SECTION 5
PROPOSAL CONTENT AND FORMAT
A. FORMAT
To provide a degree of consistency in review of the written proposals, firms are requested to prepare
their proposals in the standard format specified below.
1. Title Page
Proposer should identify the RFP Title, name and title of contact person, address, telephone
number, fax number, email address and date of submission.
RFP—Underground Utility Locating Services 8 1 Page
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2. Transmittal Letter
The transmittal letter should be not more than two (2) pages long and should include as a
minimum the following:
a. A brief statement of the Proposer's understanding of the project and services to be performed;
b. A positive commitment to perform the services within the time period specified, starting and
completing the project within the deadlines stated in this RFP; and the names of persons
authorized to represent the Proposer, their title, address and telephone number (if different
from the individual who signs the transmittal letter.)
3. Table of Contents
The table of contents should include a clear and complete identification by section and page
number of the materials submitted.
4. Firm and Team Qualifications
a. Background of the firm. This should include a brief history of the firm and types of services
the firm is qualified to perform.
b. Qualifications of the firm in performing this type of work. This should include examples of
related experience and references for similar studies and projects.
e. Proposers must identify the anticipated members of their firm that will be assigned to meet
the City's needs. Proposers should identify individuals and subcontractors who will provide
the services,their experience,and their individual qualifications. Pertinent resumes of assigned
personnel should be included.
d. References. Proposers must complete Attachment B with at least three references of projects
where the firm is providing similar work to that which the City is requesting.
5. Project Understanding and Approach
Proposers should provide the City with information regarding their understanding of the City's
needs with regards to the Scope and Schedule of Work. Proposers should demonstrate a general
understanding of the needs of a municipality in the State of Oregon from an underground utility
locating firm. As part of their service understanding documentation, Proposer's should address
their availability to meet the City's needs.
6. Cost Structure
The proposed fee structure should include the complete breakout for the Contractor's costs to
provide all of the services under the subsequent contract.
B. ADDITIONAL SERVICES
Provide a brief description of any other services that your firm could provide the City and an
approximation of the hourly charge for each service of this type. Such services would be contracted
for on an "as needed"basis, to be provided and billed for separately.
C. ADDITIONAL INFORMATION
Please provide any other information you feel would help the Selection Committee evaluate your
firm for this project.
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D. REFERENCES
Contractor must demonstrate successful past performance of the firm's ability to provide services as
set forth in this specification. Contractors must detail three (3) references to document experience.
References must be detailed in Attachment B "Statement of Proposal"
E. DISPUTES
Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be
furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall
be final and binding upon all parties.
F. CITY PERSONNEL
No Officer, agent, consultant or employee of the City shall be permitted any interest in the contract.
SECTION 6
PROPOSAL EVALUATION PROCEDURES
A. SELECTION AND EVALUATION PROCESS
A Selection Committee assembled by the City will review the written proposals. Proposals will be
evaluated to determine which ones best meet the needs of the City. After meeting the mandatory
requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection
Committee will select the Proposer which best meets the City's needs based upon its evaluation of a
firms proposal. Proposals will be evaluated in accordance with the following:
1. Completed Proposal submitted on time Pass Fail
2. An original plus three (3) copies of the complete proposal Pass Fail
3. Transmittal letter Pass Fail
4. Firm and team qualifications 40 points
5. Project understanding and approach 20 points
6. Cost structure 40 points
TOTAL EVALUATION POINTS 100 POINTS
B. PRESENTATION/INTERVIEW
At the option of the City, the top scoring proposers (based on the criteria points) may be asked to
make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the
proposal, but will not, in any way provide an opportunity to change any fee amount originally
proposed. The City's Project Manager will schedule the time and location of these presentations and
notify the selected firms. If the City elects to conduct a presentation/interview process, 25 criteria
points will be assigned to the process and will be added to the participating Proposers' total points.
C. INVESTIGATION OF REFERENCES
The City reserves the right to investigate references and the past performance of any Proposer with
respect to its successful performance of similar projects, compliance with specifications and contractual
obligations,its completion or delivery of a project on schedule and its lawful payment of employees and
workers.
D. CLARIFICATION OF PROPOSALS
The City reserves the right to obtain clarification of any point in regards to a proposal or to obtain
additional information necessary to properly evaluate or particular proposal. Failure of a Proposer to
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respond to such a request for additional information or clarification could result in rejection of their
proposal.
E. RESERVATION IN EVALUATION
The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the
two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the
vendor determined to best meet the overall needs of the City.
F. INTENT OF AWARD
Upon review of the proposals submitted,the City may negotiate a scope of work and a general services
agreement with one firm, or may select one or more firms for further consideration.
G. PROTEST OF AWARD
In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven
(7) calendar days from the date of the written notice of award to file a written protest.
H. PROPOSAL REJECTION
The City reserves the right to:
1. Reject any or all proposals not in compliance with all public procedures and requirements;
2. Reject any proposal not meeting the specifications set forth herein;
3. Waive any or all irregularities in proposals submitted;
4. In the event two or more proposals shall be for the same amount for the same work, the City
shall follow the provisions of LCRB 30.095 and Section 137-095 of the Oregon Attorney
General's Model Public Contract Manual;
5. Reject all proposals;
6. Award any or all parts of any proposal; and
7. Request references and other data to determine responsiveness.
RFP—Underground Utility Locating Services 11 1 Page
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SECTION 7
PROPOSAL CERTIFICATIONS
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited
to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs
or termination;rates of pay or other forms of compensation; selection for training;rendition of services. It
is further understood that any contractor who is in violation of this clause shall be barred from receiving
awards of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices
have terminated and that a recurrence of such acts is unlikely.
Agreed by: Darin Stalbaum, VP Regional Sales & Marketing
Firm Name: USIC Locating Services, LLC
Address: 9045 N. River Road, Suite 300
Indianapolis, IN 46240
Resident Certificate
Please Check One:
® Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last
twelve calendar months immediately preceding the submission of this proposal.
Or
❑ Non-resident Vendor: Vendor does not qualify under requirement stated above.
(Please specify your state of residence: )
Officer's signature:
Type or print officer's name: Darin Stalbaum, VP Regional Sales& Marketing
RFP—Underground Utility Locating Services 12 1 Ila r e
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SECTION 8
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated;
and that all articles supplied under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications
and by City policies and regulations.
The undersigned,by submitting a proposal,represents that:
A) The Proposer has read and understands the specifications.
B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify
the Proposer as being non-responsive.
The undersigned certifies that the proposal has been arrived at independently and has been submitted without
any collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and
that all costs associated with all addenda have been included in this proposal:
Addenda: No. (1) One through No. (a) WD inclusive.
We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of
the attached requirements and specifications of the City.
Name of firm: USIC Locating Services, LLC
Address: 9045 N. River Road, Suite 300
Indianapolis, IN 46240
Telephone Number: 317-575-78_00 Fax Number: 317-663-0708
By: � 5—}
- �"` Date: G61211�Y?�
(Signature of Authorized Official. If partnership,signature of one partner.)
Typed Name/Title: Darin Stalbaum, VP Regional Sales& Marketing
If corporation,attest:
(Corporate Officer)
❑ Corporation ❑ Partnership ❑ Individual
Federal Tax Identification Number (TIN): 35-1892948
RFP—Underground Utility Locating Services 13 Page
Close—Tuesday,May 22,2018—2:00 pm
ATTACHMENT A
CITY OF TIGARD, OREGON
ACKNOWLEDGMENT OF ADDENDA
Project Title: Underground Utility Locating Services
Close: Tuesday.May 22.2018 -2:0012.m.
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (Ifnone received. wite `None Received'):
1. Addendum#1 3.
2 Addendum#2 4
4/ Ovll
Date
Signature of Pro ser
VP Regional Sales &Marketing
Title
USIC Locating Services, LLC
Corporate Name
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ATTACHMENT B
CITY OF TIGARD, OREGON
STATEMENT OF PROPOSAL
Name of Consultant: USIC Locating Services, LLC
Mailing Address: 9045 N. River Road, Suite 300
Indianapolis, IN 46240
Contact Person: Anne Bird - Business Development Manager
Telephone: 503-407-5724 Fax: 317-663-0708 Email: annebird@usicllc.com
accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for Underground
Utility Locating Services and the attached general services agreement (Attachment C):
Signature of a orized representative Date
Darin Stalbaum, VP Regional Sales & Marketing 317-575-7885
Type or print name of authorized representative Telephone Number
Anne Bird - Business Development Manager 503-407-5724
Type or print name of person(s) authorized to negotiate contracts Telephone Number
REFERENCES
Clean Water Services 503-547-8123
Reference #1 Telephone Number
Underground Utility Locating Services Ryan Sandhu
Project Title Contact Individual
City of Seattle - Seattle Public Utilities (SPU) 206-684-8533
Reference #2 Telephone Number
Underground Utility Locating Services Holli Brandt
Project Title Contact Individual
City of Topeka 785-368-4233
Reference #3 Telephone Number
Underground Utility Locating Services Bob Sample
Project Title Contact Individual
RFP—Underground Utility Locating Services 15 Page
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ATTACHMENT C
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
UNDERGROUND UTILITY LOCATING SERVICES
THIS AGREEMENT made and entered into this 13th day of June,2018 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"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which
City requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to the location of underground utility assets as detailed in
Exhibit A—Scope of Services and Fee Schedule and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed copy of
this Agreement. This Agreement shall become effective upon the date of execution and shall expire,unless
otherwise terminated or extended,on June 30,2019. The Parties may mutually agree to renew for up to four
(4) additional one-year periods. The total term of the contract cannot exceed five (5)years. All services shall
be completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount estimated at One Hundred Twenty Five Thousand and No/100
Dollars ($125,000.00) annually and based on the rates contained in Exhibit A for performance of those
services described herein. The Parties may,by mutual agreement,adjust rates as stated in Exhibit A each year
up to 3% prior to 30 days of expiration of contract anually. A new rate sheet will be submitted along with
the renewal. Payment will be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the
City,and not more frequently than monthly. Payment shall be made only for work actually completed
as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,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
C. Contractor shall make payments promptly,as due, to all persons supplying labor or materials for the
prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account
of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay
such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation
with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work 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.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical,hospital care or other needed care and attention incident to
sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such
services and all moneys and sums which Contractor 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.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of
this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget
approval by the City Council.
4. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent
of the other and any attempted assignment or transfer without the written consent of the other party shall be
invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or 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:
CITY OF TIGARD USIC LOCATING SERVICES,LLC
Attn: John Goodrich,Utility Manager Attn: Contracts
Address: 13125 SW Hall Boulevard Address: 9045 N River Road,Suite 300
Tigard, Oregon 97223 Indianapolis,Indiana 46240
Phone: (503) 718-2609 Phone: (317) 575-7800
Email: johnaa,tigard-or.gov Email: accountsreceivable@usicllc.com
2018 GSA—Underground Utility Locating Services 2 1 1' a,
6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 30'x'day of June,
2019 shall be accompanied by thirty(30)days written notice to the other party prior to the date termination
would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant
to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination.
7. ACCESS TO RECORDS
City shall have access to such books,documents,papers and records of Contractor as are directly pertinent
to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
8. FORCE MAJEURE
Neither City nor Contractor 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,natural disaster,war,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 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.
9. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation
statues,rules,and regulations.Contractor also shall comply with the Americans with Disabilities Act of 1990,
ORS 659A.142,and all regulations and administrative rules established pursuant to those laws.
10. INDEMNITY
Contractor agrees to and shall defend,indemnify and hold harmless City,City's officers,employees,agents
and representatives from and against all liability,claims,costs,demands,judgments,penalties,and causes
of action of any kind or character, or other costs or expenses incidental to the investigation and defense
thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its
subcontractors,agents,or employees in performance of this contract,except,however,that the foregoing
shall not apply to liability that arises out of the City's, its officers, employees, agents and representatives
sole negligence. 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 remainder of this indemnification.
11. INSURANCE
Contractor 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 Contractor's activities or work
hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor'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:
2018 GSA—Underground Utility Locating Services 3 1 P r r
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain,at contractor'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 Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall
obtain,at Contractor's expense,and keep in effect during the term of the 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 contractor,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. Contractors 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 Contractor 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 any insurance
carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors 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 Contractor is self-insured for commercial general liability or
automobile liability insurance the Contractor must provide evidence of such self-insurance. The
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a
2018 GSA—Underground Utility Locating Services 4 111 a r;c
form acceptable to the City. 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 Contractor 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.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primark Coverage Clarification
The parties agree that Contractor'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 will 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 contractor's liability hereunder. Notwithstanding
said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused
by negligence or neglect connected with this contract.
12. 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 sure as the court may adjudge reasonable attorney fees and court costs,including witness
fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor 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 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.
2018 GSA—Underground Utility Locating Services 5
14. CITY OF TIGARD BUSINESS LICENSE
Contractor 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 31 st 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.
15. 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 terms of proposal conflicting herewith.
16. INTERGOVERNMENTAL COOPERATIVE PURCHASING
Contractor agrees to extend identical prices and services under the same terms and conditions to all public
agencies in the region. Quantities stated in this Agreement reflect the City of Tigard usage only. Participating
agencies shall execute their own contract with the Contractor for its requirements.
17. 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 they entered into the agreement. These remedies
are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or
remedies singly,collectively, successively,or in any order whatsoever.
18. 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 waiver,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. Contractor,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,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written. Awarded by Tigard's
Local Contract Review Board at their June 13,2018 business meeting.
CITY OF TIGARD USIC LO TING SE S,LLC
By:Authorized City kelpresentative By:Authorized dontractor Representative
72-- i ' Ole 13fhV/*
Date Date
2018 GSA—Underground Utility Locating Services 6 1 i' t.,s
EXHIBIT A
SCOPE OF SERVCIES AND FEE SCHEDULE
The City of Tigard Public Works Department Utility Divisions owns and maintains approximately 260 miles
of water mains within the Tigard Water Service Area (King City, Durham,Tigard, and West Bull Mountain
area) serving over 60,000 customers, 168 miles of sewer mains,and 168 miles of serving over 50,000 homes
and businesses within the city. Each home or business has its own water and/or sewer service lines. Since
locating and marking underground utilities was conceived,the City of Tigard has performed its own locating
service.
The City of Tigard became is member of Oregon 811,which requires the City to receive and pay for any and
all locate requests that Oregon 811 received within 10 feet of our infrastructure. The utility infrastructure
maps that Oregon 811 uses,has been and will continue to be updated by the City of Public Works Department.
The city uses an enterprise Geographical Information System (GIS) and Computerized Maintenance
Management System(CMMS) to track asset and activity data.
A. SCOPE AND SCHEDULE OF WORK
Locating and marking underground utilities will consist of the following:
1. Provide sufficient qualified staff,vehicles,paint,flagging,and all other locating equipment to fulfill its
duties under this contract.
2. Store and safeguard the City's location maps and records. This information is sensitive in nature and
records shall not be disclosed to or made available to persons not approved by the City.
3. Maintain records appropriately to support the invoicing and recording requirements set forth in this
contract.The Contractor agrees to a records retention period of six (6)years.
4. For each locate request received,the Contractor shall screen,prioritize and visit the excavation site if
necessary and locate the City's facilities as required by the Oregon Utility Notification Center.
5. For each locate request received, the Contractor shall be responsible for adequacy of excavator
notification in compliance with the Oregon Utility Notification Center excavation rules.
6. All"normal"72 hours locate request shall be complete within three (3) full business days of receiving
the request and all "emergency" request shall be treated as an emergency and completed as soon as
possible and as soon as it can be done safely according to Oregon Utility Notification Center
excavation rules.
7. The Contractor may be requested to provide such additional services as site surveillance,maintenance
of marks and flags,and stand-by protection.
8. The Contractor will investigate all incidents of damage for accuracy of the locate(s) and will submit to
the City a written report of said investigation within five (5) business days. The Contractor will
maintain a copy of the written report for a period of six (6) years.The Contractor will give testimonial
support in cases where deemed necessary by the City.
9. The Contractor shall locate all of the City's locatable facilities at an excavation site in accordance with
the Oregon Utility Notification Center excavation rules.The Contractor shall be liable for all damages
when a valid request to locate locatable facilities has been made, unless the locate was made within
the required accuracy. In such cases,the Contractor shall assist in recovery of any damages.
10. The Contractor shall notify the excavator of the presence of any identifiable, but un- locatable,
facilities of the City and caution the excavator that any location information supplied may not be
within the definition of reasonable accuracy.
11. The Contractor shall utilize all information transmitted by the City solely for the purpose of
performing locates on behalf of the City.
2018 GSA—Underground Utility Locating Services 7 1 1' a g e
12. The Contractor agrees that in carrying out this contract that he will comply with all applicable federal,
state,and local laws.
B. ADDITIONAL SERVICES REQUESTED
The Basic Scope of Contractor's Services, as currently envisioned by the City, include locating
underground water and sewer infrastructure. Additional services to be provided by the selected consultant
include the following:
1. Store and safeguard the City's location maps and records. This information is sensitive in nature and
records shall not be disclosed to or made available to persons not approved by the City.
C. FEE SCHEDULE
$15.00 Per Ticket Received fron the One Call
$35.00 Per After Hour Call Out Ticket
$13.00 Project Price Per Quarter Hour for Tickets that Exceed 30 Minutes
$13.00 Per Quarter Hour for Watchdogs or Site Surveillance Work
Pricing Definitions:
1. Per One Call Ticket—All tickets received from Oregon one Call. Each ticket granted 30 minutes of
locating time.
2. Project Rate—If locating the City of Tigard utility exceeds 30 minutes, the ticket will then be billed
the proposed per quarter hour Project Rate starting after the first 30 minutes of locating time.
3. Watch Dog—If City of Tigard requests that a USIC technician to be onsite to ensure the protection
of the utility during excavation.
4. After hour Emergencies —This service will be for After Hour Emergency Tickets that are called in
between the hours of 5 pm and 7 am Monday — Friday and all-day Saturday & Sunday including
Holidays.The fee is a flat fee and total billed for this type of ticket will only be After Hour Emergencies
fee identified above. Contractor does not charge for travel time.
2018 GSA—Underground Utility Locating Services 8 n a g;e: