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HomeMy WebLinkAbout2017-04-17-J01H Underground Facilities Locating AgrNO Waukee ' 1■I r THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 17, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Agreement for Underground Facilities Locating and Marking Service Agreement with Vamiguard Utility Partners, Inc. FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: This agreement is related to contract services for locating City utilities for the Mi-Fiber project over build of Waukee. The City currently has 1 '/z employees doing approximately 7,000 locates annually. The contract locator will ensure locates can be done to meet Mi-Fiber's schedule for completion. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve resolution ATTACHMENTS: I. Agreement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: $42.00 per hour. THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING UNDERGROUND FACILITIES LOCATING AND MARKING SERVICE AGREEMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA 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 17"' day of April, 2017, that it hereby approves the Underground Facilities Locating and Marking Service Agreement. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon UNDERGROUND FACILITIES LOCATING AND MARKING SERVICE AGREEMENT THIS AGREEMENT is made on the 27th day of March, 2017, by and between Varnnguard Utility Partners Inc. ("contractor") and Waukee Public Works ("company"). WITNESSETH: WHEREAS, company owns and operates facilities within Waukee, Iowa; and, WHEREAS, company desires contractor to provide the labor and equipment necessary to provide specific services relative to locating and marking company's facilities. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do mutually covenant and agree as follows: Drawings and Scope of Work. Contractor agrees to perform locating and marking services for company located within the following area: Waukee, Iowa service area according to tickets received through Iowa One Call, with Member Code/s of: And any other areas or counties that the parties may agree to, such services to be performed according to the terms 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 service 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 delivery of Iowa One Call tickets to contractor. Company agrees to provide contractor, at contractor's request, with the maps, viewer software, and all updates thereto necessary to locate its underground facilities. Any such 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 agreement shall remain the property of company. All print updates must be submitted to contractor's area manager to ensure proper disbursement. The prints provided must be accurate within 50 feet of where the facility is buried. All copies of such information shall be returned to company upon written request or at the completion of this Agreement. Unless such material were previously known to contractor free of any obligation to keep them confidential, or subsequently have been made public by company, the material shall be used only in the performance of this Agreement and may not be used for other purposes except upon such terms as may be agreed upon by company in writing. This obligation of confidentiality shall survive the termination of this Agreement. 2. Independent Contractor. Contractor hereby represents and agrees that it is engaged 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 be solely responsible for the payment of its employees and for the payment of all federal, state, county and municipal taxes and contributions pertaining thereto; and that it will be responsible for its own acts and those of its subordinates. Contractor represents and agrees that it has acquired and maintains all required worker's compensation insurance for its employees. Subcontractor's Requirements. Contractor shall not subcontract the work to be performed hereunder, or any part of said work, unless it has first obtained the written approval of company and company shall have full and complete discretion in withholding or granting said approval. 4. Term of Agreement. The terms of this Agreement shall be deemed effective as of April 01, 2017 and remain effective to December 01, 2017. Labor, Materials and Equipment. Contractor shall furnish all labor, materials and equipment necessary to perform the obligations contained herein. Other than what is provided by company in Paragraph No. 1 of this "Agreement". 6. Permits. Contractor shall comply with the provisions of all applicable permits and licenses relative to the services to be performed hereunder. Indemnification. Contractor agrees to defend, hold harmless and indemnify company against any and all damages, claims, causes of action, expenses, costs and attorneys' fees in connection with property damage arising out of or in connection with any act or omission of contractor in connection with its services provided under this Agreement. Contractor will be responsible for repair costs at the actual point of damage to Company's facilities that are damaged due to locator error. Locator error is defined as those instances where a Contractor representative fails to properly locate and mark a facility that is identified within a Company map (paper, digitized, or otherwise) that has been provided to contractor. Properly locating is defined, under Iowa statutes, as being within 18 inches either side of the existing facility plus the width of the facility. Contractor will not be responsible for damages to lines after the facility was exposed whether it was marked, mismarked, not marked. -2- If electronic means are not available due to broken trace wire or a non metallic facility, measurements will be used when available. When accurate measurements are used (according to prints provided) contractor will not be held liable for any damage. In the event that a facility does not locate electronically, the company agrees to perform repairs to ensure electronic locating is available to accurately mark the facility. Contractor will not be liable for damages to facilities that are not accurately portrayed on prints provided (section 1). 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 the site to perform a mutual investigation with representatives of company to determine the cause and liability for the damage. Company agrees to defend, hold harmless and indemnify contractor against any and all damages, claims, and causes of action, expenses, costs and attorney fees in connection with claims for personal injury or property damage arising out of or in connection with any act or omission of Company. Neither party shall be required to indemnify the other party for any damages not otherwise allowed under applicable Iowa Law. All rights of the parties to contribution shall be governed by Iowa Law. With respect to the provisions of this Agreement regarding liability for damages and indemnity: a. No third party beneficiaries are intended; and b. This agreement shall not be construed to create rights in or of parties not signatories hereto, including governmental departments or political subdivisions that are in addition to rights, if any, established by the law of torts or the law of negligence in the State of Iowa. Contractor agrees to maintain public liability and property damage insurance (including automobile public liability and property damage insurance) in sufficient limits to cover the obligations set 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 and such notification shall be made by company within ten (10) days of when company first learned of the pending litigation, lawsuit, claim or demand. No third party claims against contractor shall be settled without the consent of contractor. 8. Compliance with All Laws. -3- Contractor shall comply with all laws, ordinances and regulations of the United States, the State of Iowa, and any unit of local government asserting jurisdiction thereto, applicable to the work hereunder (including, but not limited to Worker's Compensation, Unemployment Insurance and Social Security). 9. Equal Employment. Contractor acknowledges that it is an equal opportunity employer. No provisions or application of this Agreement shall cause or result in discrimination against any employee or applicant for employment in his or her hiring, tenure, or condition of employment because of race, color, religion, sex or national origin or any other category protected by law. 10. Drug and Alcohol Com lin ance The contractor has implemented the Pipeline and Hazardous Materials Safety Administration (PHMSA), Drug & Alcohol Testing Regulations as set forth in 49 CFR Part 199 and the Department of Transportation, Procedures for Transportation Workplace Drug & Alcohol Testing Programs, 49 CFR Part 40. The contractor shall maintain confidential records of the testing results and chain of custody procedures as required by Part 199 and 40 of the DOT regulations. The contractor has designated the drug program manager as the record -keeping agent for all 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 Part 40 regulations provide all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations with information on how to conduct these tests and what procedures to use. DOT Part 40 concerns the activities of transportation employers, safety -sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents. 11. Service Charges. Contractor shall charge for services rendered hereunder in the following manner: Pricing for Services Hourly rate $42.00 12. Agreement Pam. Contractor shall render invoices to company on a monthly basis. Each invoice shall be paid by company within twenty (20) days of receipt of the invoice. Invoices not paid within twenty (20) days shall draw interest at the rate of 10% annually. WE Waukee Public Works Attn: Address: 805 University Avenue Waukee, Iowa 50263 Fax: E-mail: 13. Amendments, Modifications and Supplements. Written amendments, modifications and supplements to this Agreement are allowed and will be binding upon company and contractor, provided they are in writing and signed by an authorized representative of both parties. The term "this Contract" or "Agreement" as used herein shall be deemed to include any future amendments, modifications and supplements. All such amendments, modifications and supplements shall not, unless specifically referred to, be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification or supplement. 14. Entire Agreement This Agreement and any and all amendments, modifications or supplements, shall constitute the entire agreement between the parties with respect to the subject matter. Both parties hereto represent they have read this Agreement, agree to be bound by all terms and conditions stated herein, and acknowledge receipt of a signed, true and exact copy of this Agreement. 15. Cross-Hiringof f Employees During the term of this Agreement, contractor shall not hire any supervisory employees of Company, or former supervisory employees of company, without prior written approval of company. Company shall not hire any employees or former employees of contractor without prior approval of contractor. Only former employees who have terminated their employment with one of the parties within a year prior period shall be a "former employee" or a "former supervisory employee" as referred to above. After the expiration or termination of this Agreement, company or contractor's successor, shall be permitted to hire any contractor employee previously employed in this program after one year. At that time, in hiring a contractor employee, company shall insure and require that employment process fairly treat the ex -contractor employee as a member of the general public with no discrimination, no waiver of job advertising, no consideration of contractor employee's seniority, and no other privilege different from that accorded to members of the general public. 16. Insurance. -s- Contractor shall not begin any operations under this Agreement until it has obtained all the insurance required herein. Immediately upon execution of this Agreement by contractor, contractor shall provide certificates of insurance to company and complete copies of all underlying insurance policies except worker's compensation and the policies shall have a contractual liability endorsement. Upon request contractor will provide an updated certificate of insurance. Every certificate and policy of insurance providing the coverage's required herein shall fully comply with Iowa Law and shall contain the following clause: "No reduction, cancellation or expiration of the policy shall become effective until thirty (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 than thirty (30) days before such change 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: Insurance Coverage Limits Worker's Compensation Worker's Occupational Diseases Statutory Requirements Employer's Liability Occurrence Basis Comprehensive General Liability Covering Acts, Errors and Omissions Including Contractual Liability Occurrence Basis BI & PD BI & PD Combined Personal Injury Products & Completed Operations Automobile Liability BI PD Umbrella for all Coverage's $1,000,000 Each Occurrence $2,000,000 General Aggregate (per project basis) $1,000,000 Each Occurrence $1,000,000 Each Occurrence $1,000,000 Per Occurrence $1,000,000 Per Occurrence $5,000,000 Policies shall cover all owned, non -owned, hired or rented automobiles used in work performed under this Agreement by Contractor, its agents and employees. 17. Notice -6- Whenever in the Agreement it is required or permitted that notice be given by any Party to the other, such notice shall be in writing, 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, certified mail, return receipt requested. Notices shall be addressed to: Waukee Public Works Attn: Address: 805 University Avenue Waukee, Iowa 50263 Fax: E-mail: Vannguard: Randy Bern Vannguard Utility Partners, Inc. 5927 Haase Road DeForest, WI. 53532 Fax:608-223-2020 E-mail: randybern@vannguard.net IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. Vannguard Utility Partners, Inc. Randy Bern, President/CEO Date: Waukee Public Works: By: _ Name: Title: Date: