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HomeMy WebLinkAbout2017-04-17-Resolutions 17-195_Underground Facilities Locating and Marking AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-195 APPROVING UNDERGROUND FACILITIES LOCATING AND MARKING SERVICE AGREEMENT IN THE NAME AND BY THE A UTHOIt ITY OF THE CITY OF IYA UKEE,IO IYA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County; AND, WHEREAS,in response to certain high-speed internet facility installations within Waukee in the near future,the Waukee Public Works Department anticipates the need for underground facilities locating and marking that exceeds what can be completed by current City utility locating staff;AND, WHEREAS,Vanguard Utility Partners,inc.,has provided an Underground Facilities Locating and Marking Service Agreement,attached hereto as Exhibit A; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 17ca day of April,2017,that it hereby approves the Underground Facilities Locating and Marking Service Agreement. tlliam .Peard,ayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN VNDERGROVND FACILITIES LOCATING AND IVIARKING SERVICE AGREEMENT THIS AGREEivIENT is made on thc 27th clay of March,20 I 7,by and between Vannguard Utility Patcners Inc.("contractor")anil V/aukee Public Works ("cotnpany'*). WITNESSETH: WHEREAS,company owns and operates facilitics within Waukec,Iowa;and, '&VHEREAS,company desires contractor to proviilc thc labor and cquipiucnt neccssaiy to provide specific services relative to locating ancl marlcing company's facilitics. iNOVV THEREFORE,in consideration of the mutual covenants,teisns and conditions herein contained,the parties do mutually covenant and agree as fogows: Drawings and Sco e of Work. Contractor agrees to perform locating and marking scivices for company located within the following area:Waukee,Iowa set+ice area according to tickets received through Iowa Onc Call,with ivlcmbcr Code/s ol'i And any other areas or counties that the parties may agree to,such services to be pm formed accoriling to the temts and conditions contained herein.Contractor agrees to receive transmittal directly from Iowa One Call for the dispatching of requests.No additional cost for this receiving scn ice will be incurred by company. Contractor will respond to all locate requests in accordance to Iowa state statutes. Company will incur all charges and associated costs with the set-up of and dcliveiy of Iowa One Call tickets to contractor. Company agrees to provide coniramor,at contractor's request,with the maps,viewer sofiware,and all updates thereto necessary to locate its under&ground facilities.Any such maps,drawings,sketches,or other technical information either oral,written or othetv isc furnished or disclosed to or obtained by contractor in the perfoimance of this agreement shall remain the properiy of'companv.All print updates must be submitted to contractor's area manager to ensure proper disbursement.The prints provided must be accurate within 50 lect of where the facility is buried.All copies of such information shall be retunted to company upon written request or at the completion ol'this Agreement.Unless such material were previously known to contractor free of any obligation to keep them confiilential,or subsequently have been made public by company.the material shall be used only in the perfornaance of this Agrcemcnt and may not be used for other puiposes except upon such teiulls as Illay bc agrccd upon by company in writing.This obligation of'conlidentiality shall survive the termination of this Agreemcnt. fnde endent Contractor, Contractor hereby represents and agrccs that it ts cngagtxl in an independent business; that it will perform said work as an independent contractor;that it has and hereby retains the right to exercise control and supervision of the work and full control over the manner of'the work performed and the employment,direction,compensation and discharge of'all persons assisting it in the work;that it will bc solely responsible for the payment ol'its employees and for the payment of'all 1'erleral,state,county and municipal taxes and contributions pertaining thereto;and that it will be rcsponsiblc 1'or its own acts and those of'its subordinates.Contractor represems and agrees that it has acquired and maintains all required worker's cotnpensation insurance for its employees. Subcontractor's Re uirements. Contractor shall not subcontract the work to be perfortned hereunder,or any part of'said work,unless it has first obtained the written approval of company anrl company shall have full and cotnplete discretion in withholding or granting said approval. Term o 1'Agreement. The tm ms of'this Agreement shall be deemed elfective as ol'April 01&2017 and remain effective to Decetnbet 01,2017. Labor Materials and E ui ment. Contractor shall furnish all labor,materials and equipmcnt necessat3 to perform the obligations contained herein.Other than what is provided by company in Paragraph No.1 of this "Agreement". Peril its. Contractor shall comply with the provisions of all applicable pcnnits and licenses rclativc to thc srnwices to be performed hereunder. Indemnification. Contractor agrees to defend,hokl hartnless and indenmify company against any and all damages,claims,causes of action,expenses,costs anti attorneys'fees in connection with property damage arising out of or in connection with any act or omission of contractor in connection with its setvices provided under this Agreenlent. Contractor will be responsible for repair costs at thc actual point of danlage to Company's facilities that are damaged due to locator enor.Locator error is defined as those instances where a Contractor representative 1'ails to properly locate and mark a faclltty tllat is identified within a conlpany map (paper,digitized,or otherwise)that has been provided to contractor,Properly locating is defmed,under Iowa statutes,as being within 1 g inches either side of the existing facility plus the width of the facility. Contractor will not be responsible for rlamagcs to lines after thc facility was exposed ivlleillcl'it was trial'ked,lliismarkcd,not marked. If c(cctronic means are not available duc to broken trace v:ire or a non metallic I'acility. measurements &vi)I be used when available.When accurate measurements arc used (according to prints provided)contractor will not bc held liable I'or any damage In the event thai a I'scil ity does not locate electronically,the company agrees to perl'or'm repairs to ensure electronic locaiing is availablc to accurately mark the facility.Contractor will not be liable for clamages to Facilities that are not &tccill'ately portrayed on prints provided (section I ). In the event of any claim or damage to a facility of company,company will immediately contact the contractor's dispatch center,and upon such contact,contractor will immediately dispatch a supervisor to thc site to perform a mutual investigation with representatives of company to determine the cause and liability I'or the damage. Company agrees to defend,hold harmless and indemnify contractor against any and all damages,c(aims,aiid causes ol action,expenses,costs and attorney fees in connection wiih claims I'or personal injury or property damage ai ising out of or in connection with any act or omission ot'Company. Neither party shall be required to indemnify the other party I'or any damages noi othcrwisc allowed under applicable Iowa Law.AH rights ol'the parties to contribution shall be governed by Iowa Law. With respect to ihe provisions of this Agt cement regarding liabiliiy I'or damages and ind&unnity: a.No third party bene(iciaries are intetuled;and b.This agreemcnt shall not be construed to create rights in or ofparties not signatories hereto,including governmental departments or political subdivisions that are in adclition to rig&hts,if any,established by the law of torts or the law of negligence in the State of Iowa. Contractor agrccs to niaintain public liability and property damage insurance (including autoniobile public liability and property damage insurance)in sufficient limits io cover the obligations sct forth above. If any person or entity threatens to sue,makes a written or oral demand or claim.sues or initiates any legal proceeding against company for damages caused by contractor, company shall immediately notify contractor of such pending or threatened litigation aml such notitication shall be made by compaily within ten (10)days ol'when company first leamcd of the pcncling litigation,lawsuit,claim or dcniand.No third party claims against contractor shall be settled without the consent of contractor. Corn liance with All L nvs. Contractor shall comply with all laws,ordinances Bnd regulations of the United States, thc State of'Iowa.aml any unit of local government asscrting jurisdiction thereto, applicable to the work hereunder (including,but not limited to Worker's Compensation, Unemploymcnt Insurance and Social Security). 9 ~E.&F.»& Contractor acknowledges that it is an equal oppottunity employer iqo provisions or application ol'this Agremnent shall cause or result in discrimination against any employee or applicant for entployment in his or her hiring,tenure,or condition ol' &nnployment because of race,color,religion,sex or national origin or any other categoty protected by law. IO.Dtu«and Alcohol Com liance The contractor has implemented the Pipeline and Hazardous Materials Safety Aclministration (PHivlSA),Drug dr Alcohol Testing Regulations as sct forth in 49 CFR Part 199 and the Department of Trallspoftattolu Procedures for Transportatio '&Vorkplace Drug g.Alcohol Testing Programs,49 CFR Part 40,The contractor shall maintain conltdential records of the testing results and cll&lin of custody procedures as required by Part 199 and 40 of the DO'I'regulations.The contractor has designated thc drug pro&'ram manager as the record-keepin&*agent for ag drug test records.The contractor shall provide all records,whenever deemed necessary,for inspection by any authorized agency and/or customer. Compliance with DOT Regulations )40.1 -DOT Pats 40 regulations provide all parties vvho conduct drug and alcohol tests required by Depa&amcnt of Transportation (DOT) agency regulations with infortnation on how to conduct these tests and vvhat procedures to use.DOT Part 40 concerns the activities ol'transportation employers,safety-sensitive transportation employees (incluthng self-employed individuals,contractors and volunteers as covered by DOT agency regulations),and sctvice agents. ~Si 'i'C& Contractor shall charge I'or services rendered hen cundm in the following manner: Pricing for Services Hourly rate 542.00 I 2.A«rccmcnt Pa ments. Contractor slrall render invoices to company on a monthly basis.Fach invoice shall be paid by comp&iny ivithin twenty l20)days of receipt of the invoice.Invoices not paid within twenty (20)clays shall draw interest at the rate of I 0"&'«annually. Waukee Public Works Attn: Address:805 University Avenue Waukee,iowa 50263 Fax: E-lllai1: 13.Amendincnti Ivlorlilications and Su lements Written amendments,modifications and supplements to this Agreement are allowed and will bc binding upon company and contractor,provided they are in writing and signed by an authorized representative of both parties.The term "this Contract"or "Agreeinent as used herein shall be deemed to include any future amendments,modilications and supplements.All such amendments,modifications and supplements shall not,unless specifically refer'ed to,be construed to adversely affect vested rights or causes of action which have acctxted prior to the effective date of such amendment,modification or supplement. This Agreemcni and any and all amendments,moditications or supplements,shall constitute the entire agreement between the parties with respect to the subject matter. Both partie hereto represent they have read this Agreement,agree to be bound by all terms and conditions stated herein,and acknowledge receipt of a signed,tme and exact copy of this Agreement. l5.Cross-Hirin«ol'Em lo ees During thc tenn of this Agreement,contractor shall not hire any supervisory employees of Company,or loirmer supervisoiy employees of company,without prior ivrinen approval of company.Company shall not hire any employees or foiimer employees of contractor without prior approval of contractor.Only former employees who have tcnninated their employment with one ol'the parties within a year prior period shall be a "fonncr employee"or a "foiimer superi isory employee*'as refer ed to above. AI'tcr the expiration or termination of this Agreement,company or contractor's successor, shall be permitted to hire any contractor employee previously employed in this progrant after one year.At that time,in hiring a contractor employee,company shall insure and require that &unployment process fairly treat thc ex-contractor employee as a member ol' the gcllcl'al pilblic with no discrimination,no waiver ofj ob advertising,nii consideration of contractor cmploycc's seniority,and no otllcl'pllvilege difTerent from thilt accorded to members of tfic general public. 16.Insurance. Contractor shaH not be"in any operations under this Agrceinent until it has obtained aH the insurance i&squired herein.Immediately upon execution ol this Agreement by contractor,contractor shall provide ccrtiticatcs of'insurance to company and complete copies of aH underlyin&*insurance policies except worker's compensation and thc policies shall have a contractual liability endorsement.Upon request contractor iviH provide an updated cetxiticate ol'uisurance. Every certificate and policy of insurance providing the coverage's required herein shaH fully comply with Iowa Law an&i shall contain the following clause:"No reduction, cancellation or expiration of the policy slMH become el'fective until thitxy (30)days from the date written notice thereof is actually received by company.Company shall receive notice of any reduction,cancellation,or expiration no less thar&thirty (30)days before such chang&e shall occur. Contractor shall take out and maintain for the life of this Agreement,at.its own expense unless otherwise specifically set forth,at least the following insurance: hisurance Covers«e Limits Worker's Compensation %orker's Occupational Diseases Employer's Liability Statutoiy Requirements Occurrence Basis Comprehensive General Liabiliiy Covraing Acis,Errors and Omissions Including Contractual Liability Occurrence Basis BI &PD Bl k PD Combined $1,000,000 Each Occurrence $2,000,000 General Aggregate (per project basis) Personal Injury Proclucts k.Completed Operations $1,000,000 Each Occurrence $1,000,000 Each Occurrence Autoiuobile Liability BI PD $1,000,000 Per Occunencc $1,000,000 Per Occurrence Ulttlil'eHa I'or aH Coverage's $5,000,000 Policies shall cover all ovvned.non-ovvncd,hired or rented aulomobiles used in work performed under this Agreement by Contractor,its agents and employees 17.Notice VVhenever in thc Agreement ii is required or permitted that nolice be given by any Patxy to the other,such notice sisal l bc in v'riiing,and any notice so set shall be deemed to have been given on the date that the same is deposited in the United States Mail,postage pre- paid,certilicd mail,return receipt requested. Notices shall be addressed to: Wiuikee Public Works Attn: Ad&lrcss 805 University Avenue Waukee,Iowa 50263 Fax: E-maih Vannguard:Randy Bem Uannguard Utility Partners,Inc. 5927 Haase Road DeForesi,WI.53532 Fax 608-223-2020 E-ntatt:randybcrntzi,.'vannguard.nct IN WITNESS VVHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized olTicers or representatives. Uannguard Utility Partners.Inc.Waukee Public Works: Date: Ra y Bem,'dent/CEO By: Nam .illiam F.Pcard Title:Mayor Date:04/17/20 I 7