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.
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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.
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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
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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: