CONTRACT FOR LOCATING AND MARKING SERVICES OF UNDERGROUND FACILITIES

Transcription

1 CONTRACT FOR LOCATING AND MARKING SERVICES OF UNDERGROUND FACILITIES This Contract for Locating and Marking Services of Underground Facilities (Contract), dated effective August 22, 2017 is between Clean Water Services (District) and USIC Locating Services, LLC (Contractor). RECITALS 1. District is in need of locating and marking services for its Underground Facilities. 2. Contractor represents that Contractor has sufficient experience and expertise to perform the services under this Contract. 3. District and Contractor wish to enter into a Contract for Contractor to provide these services. 1. Services to be Provided GENERAL TERMS AND CONDITIONS Contractor shall provide the services described in Exhibit A, Scope of Work and Special Terms and Conditions, attached hereto and incorporated herein. Contractor s services shall be performed to meet the highest standards prevalent in the industry or business most closely involved in providing the services being provided by Contractor. In performing the services, Contractor shall be an independent contractor and not an employee of District. District shall have the right to verify that Contractor s performance meets the requirements of this Contract but shall not have the right to control the manner of Contractor s or Contractor s subcontractors performance. No provision of this Contract shall be construed to create a partnership, joint venture, employer-employee, landlord-tenant or principal-agent relationship. 2. Cost of Services District shall pay Contractor for Contractor s services as specified in Contractor's cost proposal attached hereto as Exhibit B and incorporated herein. Interest shall not begin to accrue on Contractor s invoices until after the due date for payment set forth herein. In the event of a dispute concerning the amount due under any invoice, District may withhold the disputed amount without incurring interest or other charges pending the outcome of the dispute. District shall have the right to examine Contractor s business records to verify the accuracy of Contractor s billing statements. The right of inspection shall extend to all documents necessary to permit adequate evaluation of the billing data submitted. PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 1 of 7

2 3. Interference with Performance If at any time Contractor believes that District is in any way hindering, delaying or interfering with Contractor s performance, Contractor shall promptly inform District in writing and shall describe in detail the way in which Contractor believes that such hindrance, delay or interference is occurring. Contractor s failure to promptly inform District in writing shall operate as a waiver of Contractor s right to assert claims or defenses based upon the hindrance, delay or interference. The terms of this paragraph shall not apply to District s suspension of the work pursuant to Paragraph 7 herein. 4. Changes in Work Subject to the requirements of this section, District shall have the right to request work outside the scope of this Contract and to cancel a portion of the work at any time. District shall pay Contractor an amount to be agreed upon by the parties for all additional work. District shall pay Contractor a reduced amount to be agreed upon by the parties in the event District cancels work. District shall not be liable for profits lost due to cancelled work. Contractor shall perform no work outside the scope of this Contract until the parties have signed an amendment that describes the work and contains the terms of payment. Contractor shall not be entitled to payment for work outside the scope of this Contract unless the parties signed such an amendment before Contractor performed the work. All work performed in the absence of such an amendment shall be considered within the scope of the Contract. 5. Time of Performance Time is of the essence in the performance of this Contract. Contractor shall complete all work in accordance with the schedule contained in Exhibit A. 6. Excusable Delays Neither District nor Contractor shall be responsible for or liable for damages resulting from delays due to causes beyond their reasonable control, including, but not limited to, acts of God, acts or omissions of governmental authorities, strikes, lockouts, acts of the public enemy, wars, blockades or civil disturbances. In the event of such a delay, the completion date for Contractor s services shall be extended for a period equal to the length of the delay. Contractor shall notify District in writing not more than ten days after the occurrence of any event that Contractor believes will result in such a delay. The failure of Contractor to provide such notice shall result in a waiver of Contractor s right to claim that the delay is excusable. 7. Suspension of Work District may suspend the work at any time by delivering written notice to Contractor. In the event District suspends the work for reasons that are not the fault of Contractor, Contractor shall be allowed an increase in the amount payable to Contractor that is equal to the increase in PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 2 of 7

3 Contractor s expenses resulting from the suspension. Such expenses must be reasonable, customary and actually incurred. District shall not be liable for profits lost due to suspension of work. 8. Rejected Work District shall have the right to reject Contractor's defective work. Contractor shall promptly eliminate all defects free of charge. If Contractor fails to eliminate all defects within a reasonable time, District may eliminate the defects, or hire another contractor to eliminate the defects and charge the expense of eliminating the defects to Contractor. If District deems it inexpedient to correct a defect, District may reduce the fee payable to Contractor by an amount that in District's sole judgment reflects the diminished value of the work represented by the defect. District's rights under this paragraph shall be in addition to and not in lieu of all rights District may otherwise have in the event Contractor produces defective work. 9. Project Management Each party shall assign a project manager to this Contract. The project managers shall be authorized to act on behalf of their respective employers concerning all matters related to this Contract, except, however, that Contract amendments shall not be effective unless approved pursuant to Paragraph 14 of this document. 10. Indemnification To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, reimburse and defend District, District's officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character, including the cost of defense thereof, including attorney fees at trial and on appeal, arising out of or resulting from Contractor's performance of the Contract, but only to the extent caused by a breach of this Contract by Contractor or the negligent acts, errors or omissions of Contractor, any subcontractor, or any individual or entity directly or indirectly employed by any of them to perform any of the work described in the Contract or anyone for whose acts any of them may be liable. 11. Insurance Neither Contractor nor any subcontractor shall commence work under this Contract until Contractor has obtained all the insurance required herein and submitted a certificate of insurance to District. Contractor shall maintain the insurance for the duration of this Contract. Review of the insurance by District shall not relieve or decrease the liability of Contractor. The insurance certificate shall provide for thirty days advance written notice to District s Project Manager prior to cancellation. District must be listed as an additional insured on any policy satisfying the requirements of items ii and iii below. The following minimum insurance is required: i. Workers compensation in the amount required by Oregon law, and employers liability insurance in the amount of $500,000. PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 3 of 7

4 ii. Business automobile liability insurance in the amount of $500,000 per occurrence. iii. Commercial general liability in the amount of $500,000 combined single limit per occurrence and a $1,000,000 Annual Aggregate limit. If Contractor s primary Commercial General Liability and Automobile coverages do not meet the minimum limits required above, Contractor shall maintain during the life of this Contract, Excess or Umbrella Liability over the primary policies sufficient to meet the total aggregate limits required by this Contract. iv. Errors and omission liability insurance in the amount of $1,000, Termination District may terminate this Contract without cause at any time upon the delivery of written notice. In the event of such termination, District shall pay Contractor for all work performed in accordance with the requirements of this Contract prior to the date of termination. District shall not be liable for lost profits on uncompleted work or damages as a result of District s termination. The termination of this Contract shall not relieve or release Contractor from any liability to District for damages sustained by District by virtue of any breach of this Contract by Contractor or Contractor s negligence or other conduct, and District may withhold all or any part of any payment due to Contractor upon such termination as a set-off against the amount of any such damages until such time as the exact amount of damages due District from Contractor is determined. In the event of the termination of this Contract for any reason allowed herein or allowed by law, Contractor shall promptly deliver all work in progress to District. District shall not be obligated to pay Contractor s final invoice until District has received the work in progress. 13. Arbitration All disputes arising out of or relating to the project or this Contract shall be subject to arbitration in accordance with the American Arbitration Association rules then in effect. Written notice of demand for arbitration shall be filed with the American Arbitration Association within a reasonable time after the dispute has arisen, but in no event shall be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable contractual provision or statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 4 of 7

5 In any arbitration proceedings brought under this section or any legal proceedings arising out of or relating to this Contract, the prevailing party shall be entitled to reasonable attorney fees, together with all reasonable investigation, expert and other costs incurred, in addition to any other relief to which any party may otherwise be entitled. Contractor s agreement to arbitrate is not a waiver of its lien rights or bond claim rights otherwise provided by law, which rights are fully reserved. 14. Change Orders, Amendments, Waivers This Contract, all change orders, modifications, amendments and any waiver of any portion of the Contract shall not be effective unless in writing and approved by District s General Manager or the General Manager s designee and, when required by applicable District rules, District s Board of Directors. 15. Compliance With Applicable Laws Contractor shall keep itself fully informed of and comply with all federal, state and local laws, regulations and ordinances applicable to this Contract, as those laws, regulations and ordinances may be adopted or amended from time to time. These laws, regulations and ordinances including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270, are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be incorporated. All permits, licenses, and fees necessary to prosecute and complete the work shall be secured and paid for by Contractor unless otherwise specified by District. 16. Tax Law Compliance Contractor shall pay all taxes, including federal, state, regional, county, and city taxes, and taxes of any other governmental entity, applicable to the services performed or materials provided under this Contract. Contractor represents, warrants and covenants that Contractor has complied with, and agrees that during the term of this Contract shall comply with Oregon Tax Laws and applicable tax laws of political subdivisions of this State including, but not limited to, ORS and ORS chapters 316, 317 and 318. Contractor s failure to comply with Oregon Tax Laws or the applicable tax laws of political subdivisions of this State for the six years prior to the date Contractor executes this Contract or the period of time Contractor has been in business, whichever is less, or during the term of the Contract is a default for which District may terminate the Contract and seek damages and other relief available under the terms of the Contract or under applicable law. 17. Third Party Beneficiaries No provision of this Contract shall in any way inure to the benefit of any third person so as to constitute any such person a third party beneficiary of this Contract or of any one or more of the terms of this Contract, or otherwise give rise to any cause of action in any person not a party to this Contract. PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 5 of 7

6 18. No Contingent Fees Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor any fee or consideration of any kind, contingent upon or resulting from the award or making of this Contract. In the event Contractor breaches the warranty contained in this paragraph, District shall have the right to deduct from the contract price or otherwise recover the full amount of such fee or consideration. 19. Waiver of OTCA Rights Contractor hereby waives all indemnity rights Contractor may have under the Oregon Tort Claims Act which arise as a result of an agency or alleged agency relationship between the parties. 20. Assignment Contractor shall not assign Contractor s rights or duties pursuant to this Contract without first obtaining District s written consent. 21. Interpretation of Contract This Contract shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. The paragraph headings contained in this Contract are for ease of reference only and shall not be used in construing or interpreting this Contract. 22. Severability/Survival If any of the provisions contained in this Contract are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Contract for any cause. 23. Choice of Law/Venue This Contract and all rights, obligations and disputes arising out of the Contract shall be governed by Oregon law. All disputes and litigation arising out of this Contract shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. 24. Integration This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 6 of 7

7 the parties and no usage of trade shall be relevant to supplement any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning of this Contract and no waiver by a party of any right under this Contract shall prejudice the waiving party s exercise of the right in the future. 25. Warranty Contractor warrants that its locating and marking services pursuant to this Contract will be performed by qualified personnel on a reasonable best efforts basis and to the satisfaction of District. Contractor shall be liable for all damages incurred by District as a result of Contractor s error in locating and marking Underground Facilities. Contractor shall also re-perform the work promptly if Contractor commits such an error. Error for this purpose shall consist of a failure to identify and mark Underground Facilities within the tolerances prescribed by Oregon law and in accordance with this Contract. Contractor will not be liable for damages that are a result of Contractor s reliance on District provided maps or Project Drawings. USIC LOCATING SERVICES, LLC CLEAN WATER SERVICES By: Print Name: By: General Manager or Designee Print Title: APPROVED AS TO FORM District Counsel PS-2/12 Contract for Locating and Marking Services of Underground Facilities Page 7 of 7

8 EXHIBIT A SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS LOCATING AND MARKING SERVICES OF UNDERGROUND FACILITIES I. Scope of Work A. Definitions 1. "Business Day" - Any 24-hour day other than Saturday, Sunday or any legal, local, state or federal holiday. 2. "Excavation" - Means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does not lower the original grade or original ditch flow line. Excavation does not include the tilling of soil for agricultural purposes conducted on private property that is not within the boundaries of a recorded right-of-way or easement for underground facilities. 3. "Excavation Site" - The area where an excavator intends to or does Excavation. 4. "Excavator" - Any person who engages directly in Excavation and/or the design of Excavation and requests the location of District Underground Facilities. 5. "Excavator Notification" - Notification given to the excavator that Underground Facilities or plant are not present at the Excavation Site. 6. "Facility Owner" - District 7. "Locate" - The identification and Marking of all District Underground Facilities within a 500-linear foot section at an Excavation Site, regardless of the number of property owners and Locate Requests within the section. 8. "Locate Request" a. "Normal Locate Request" - A request to locate received more than two business days, but not more than ten business days before the commencement of Excavation. b. "Emergency Locate Request" - A request to locate when a condition exists which poses an immediate danger demanding prompt action to prevent loss of life, or to mitigate damage to property, or to prevent interruption of essential public services or to prevent a customer service outage Exhibit A Scope of Work and Special Terms and Conditions Page 1 of 9

9 9. "Mark or Marking" - The use of stakes, paint, or other clearly identifiable material to show the field location or absence of Underground Facilities in accordance with ORS 757 and OAR "Oregon Utility Notification Center" (OUNC) - The state agency that administers a statewide system, commonly referred to as the One Call Center, through which a person can notify operators of Underground Facilities of proposed excavations and can request that the Underground Facilities be marked. 11. "Person" - Any individual, partnership, franchise holder, association, corporation, state, city, county, or any subdivision or instrumentality of a state and its employees, agents, or legal representatives. 12. Pressure Main Project Drawings The best available drawings showing the location, to the extent known, of the District s pressure mains and force mains. Pressure mains may contain sewage or reuse water depending on the location of the pipeline. 13. "Reasonable Accuracy" - Locating within 24 inches of the outside lateral dimensions of both sides of an Underground Facility. 14. "Underground Facility - Items partially or entirely below the surface of the ground for use in connection with the storage or conveyance of electrical energy, water, sewage, reuse water, petroleum products, gas, gaseous vapors or hazardous liquids, or the transmission of electronic, telephonic, telegraphic or cable communications. Such items include, but are not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors that are underground. 15. "Unlocatable Underground Facilities" - An Underground Facility that cannot be marked with reasonable accuracy, including nonconductive sewers and nonmetallic Underground Facilities that have no trace wires. 16. Visual Examination Determination of the existence of the Facility Owner s Underground Facility at the Excavation Site by visual means rather than from the Facility Owner s maps and records. B. Tasks for which Contractor is responsible 1. Provide sufficient qualified staff, office and field equipment, including transportation and supplies to fulfill Contractor's duties under this contract. 2. Provide District notification when a new supervisor or field locator is hired and will be working in District s service area Exhibit A Scope of Work and Special Terms and Conditions Page 2 of 9

10 3. Receive, record, and respond to Normal and Emergency Locate Requests from the OUNC s One-Call Center during regular business hours of the One-Call Center (7:00 a.m. through 5:00 p.m. on Business Days). 4. Receive, record, and respond to Emergency Locate Requests from the OUNC s One-Call Center on Saturday, Sunday, any legal local, state or federal holiday and from 5:00 p.m. through 7:00 a.m. on Business Days. 5. Store and safeguard District s facility maps, records, and Pressure Main Project Drawings. 6. Update maps used for Locating and Marking Underground Facilities in the field on a monthly basis. 7. Maintain records appropriate to support the invoicing and recording requirements set forth in Section II.A of this exhibit. 8. For each Locate Request received follow the District locating procedures in Section I.C and: a. Determine the type of request and if a Visual Examination is required using District s maps, records, and Pressure Main Project Drawings. b. When District supplied maps, Pressure Main Project Drawings, records or instructions indicate a Visual Examination is required, visit the Excavation Site, and Locate District s Underground Facilities as required or provide Excavator Notification. c. If Visual Examination is not required, provide Excavator Notification. 9. For each Normal Locate Request received, Contractor shall complete the requirements of paragraph I.B.8 of the Scope of Work in accordance with OAR 952 which is currently two business days of receiving the request. 10. For each Emergency Locate Request received, Contractor shall complete the requirements of paragraph I.B.8 of the Scope of Work as soon as reasonably possible. 11. Contractor shall Locate all of District s locatable Underground Facilities with Reasonable Accuracy. 12. Contractor shall notify the Excavator of the presence of any Unlocatable Underground Facilities and caution the Excavator that any location information supplied is not within the definition of Reasonable Accuracy. 13. Contractor shall promptly notify District of any discrepancies, mistakes or omissions in the records, maps, or other information provided by District Exhibit A Scope of Work and Special Terms and Conditions Page 3 of 9

11 14. Contractor s Project Manager/primary point of contact, supervisor responsible for overseeing field locators, and other staff shall attend a quarterly status meeting at the District s Field Operations Facility or via conference call on an as needed basis. 15. For design information Locate Requests or pre-survey requests, Contractor shall Mark the facilities as required and call District s Record Mapping staff with the ticket number and requestor s contact information. District staff will coordinate the release of maps, as-built drawings, if available, and Pressure Main Project Drawings, if available, with the entity requesting the locate. 16. Contractor may be requested to provide additional services, such as site surveillance, inspection, follow-up visits, maintenance of marks and stakes, collection of GPS data on certain infrastructure, standby protection, and testimonial support. Additional services and associated costs to be charged must be specifically approved by District prior to commencement of the work. C. District Locating Procedures 1. Locating Responsibility Contractor shall locate all District Underground Facilities as shown on District provided maps, including non-storm/non-sanitary infrastructure. The area where District Underground Facilities are located is generally the urban, unincorporated areas of Washington County and the five smaller cities (Banks, North Plains, Gaston, Durham, and King City). In addition, Contractor shall locate all pressure mains and sanitary sewer trunklines (24 inches and larger) within the seven larger cities within Washington County (Forest Grove, Cornelius, Hillsboro, Beaverton, Tigard, Tualatin, and Sherwood). 2. Underground Facility Locating Applicable statutes and regulations distinguish locatable Underground Facilities, or those which can be Marked with Reasonable Accuracy, and Unlocatable Underground Facilities, which cannot. While storm and sanitary sewer main lines generally fall within the former category, private lateral lines and pressure mains are generally unlocatable per the definition in OAR 952. Contractor shall Mark locatable facilities with Reasonable Accuracy and take all other necessary steps required by applicable statutes and regulations. For unlocatable facilities, Contractor shall provide Excavators with the best description of the facilities available as required by applicable statutes and regulations Exhibit A Scope of Work and Special Terms and Conditions Page 4 of 9

12 Typical locating procedures for Underground Facilities are included below. a. Verify the locator has the most recent update to the GIS maps of District s Underground Facilities. b. Identify the area of the Excavation Site on the District s GIS maps. c. Review the appropriate GIS map area to determine if District Underground Facilities are located within the Excavation Site identified on the locate ticket using the District GIS line color schema described below: i. Gravity storm sewer lines solid green line ii. Gravity sanitary sewerlines solid red line iii. Pressure Mains a. Sanitary force mains - dashed red b. Reuse water - dashed purple c. In addition to being drawn as dashed, red or purple lines, force mains are drawn with four-digit project numbers noted above them that use the following format #project number. If there is more than one force main line in the area, each line will have its own project number. iv. Abandoned facilities - dashed orange v. All of non storm/non sanitary facilities correspond to American Public Works Association s color convention. vi. Neighboring City owned sanitary or storm underground facilities may be shown on District maps as black lines and are not required to be Located. d. If a pressure main is located within the Excavation Site, review the Pressure Main Project Drawing(s) provided by District for the particular pressure main project number. If there is more than one pressure main in the area of excavation, Contractor shall use the provided Pressure Main Project Drawings for both project numbers. e. Locate and Mark all District Underground Facilities within the Excavation Site. 3. Locating and Marking Practices for Underground Facilities Contractor shall follow District s Locating and Marking practices for the specified Underground Facility listed below: a. Gravity Sanitary Sewer and Storm Sewer Mainlines Storm and sanitary gravity mainlines generally are locatable as that term is defined in OAR For locatable mainline storm and sanitary sewer pipes, Contactor shall mark the location with paint within Reasonable Accuracy and as required by Oregon law. Contractor shall Mark these Exhibit A Scope of Work and Special Terms and Conditions Page 5 of 9

13 facilities in both public street rights-of-way and within utility easements on private property. b. Pressure Mains (Force Mains) Most District pressure mains are Unlocatable Underground Facilities, as defined in ORS and OAR , since they are non-metallic pipes installed without tracer wire, and they often do not follow a straight line. If a pressure main is Marked under Section I.C.2.d and e, Contractor shall notify District Pump Station Staff upon completion or if assistance is needed to Mark the facility. In addition to District provided maps, Pressure Main Project Drawings shall also be used to locate pressure mains. District will provide Contractor with Pressure Main Project Drawings in PDF format prior to the start of the Contract term for Contractor to use in Locating pressure mains. Updated PDFs drawings will be provided as required. Contractor shall use no other drawings for locating pressure mains. Contractor shall follow the procedure set out in Section I.C.2.a through d to identify and locate the proper set of approved Pressure Main Project Drawings for the Excavation Site. Contractor shall notify District immediately if Contractor determines that the information contained on maps or Pressure Main Project Drawings is incorrect. If there are no District provided Pressure Main Project Drawings available for the Excavation Site, but District maps indicate a pressure main is present, Contractor shall contact District Pump Station Maintenance Staff as soon as possible for assistance with the locate. District staff will schedule an on-site meeting with the Excavator to help determine the location of the force main. c. Laterals These facilities are generally unlocatable per applicable statutes and regulations since they are nonmetallic underground facilities that have no tracer wire and cannot be Marked with Reasonable Accuracy. Contractor shall follow the procedures below: i. Laterals in public rights-of-way Contractor shall mark the location of the tee at the main line with paint according to the footages provided on District maps. Contractor shall Mark the lateral s estimated location at the property line with a painted UL designation showing that it is an unlocatable facility. The location at the property line is determined by the locating Contractor by following Exhibit A Scope of Work and Special Terms and Conditions Page 6 of 9

14 a 90 path from the tee at the main line. For laterals leaving at a manhole, the path of the lateral will be determined by Contractor pulling the manhole lid to see the point where the lateral leaves the manhole. ii. Laterals in dedicated easement Contractor shall mark the location of the tee at the main line with paint according to the footages provided on District maps and include a painted UL designation showing that it is an unlocatable facility. iii. Laterals on private property not in a dedicated easement Contractor is not responsible for locating laterals on private property that are not in a dedicated easement. Laterals on private property are generally not shown on District maps. II. Special Terms and Conditions A. Invoicing and Reporting Contractor s invoice shall include the following: 1. Billing period during which the services were performed; 2. Total number of Locate Requests received for the billing period; 3. Total number of Locates performed during the billing period; 4. Total number of Non-Locates performed during the billing period; 5. Any additional work performed, hourly rate, staff and number of hours during the billing period; 6. Total number of Locate Requests received during the current fiscal year (July 1- June 30); 7. Total number of Locates performed during the current fiscal year; 8. Total number of Non-Locates performed during the current fiscal year; and 9. Total invoiced, total received, and total remaining during the current fiscal year. District may request the number of Emergency Locates and Locate Requests for design purposes (pre-survey) on a quarterly basis. B. Maps District maintains up to date schematic system maps of the public storm and sanitary sewer systems as well as other District owned facilities. District will provide Contractor with an electronic version of the maps in ESRI personal or file geodatabase format. Pressure Main Project Drawings will be provided by District to Contractor prior to commencement of the Contract term and updated as new information becomes available Exhibit A Scope of Work and Special Terms and Conditions Page 7 of 9

15 Contractor is required to download updated District maps on a monthly basis. Updated ESRI personal or file geodatabases will be available on the District s file transfer appliance. Contractor is responsible for downloading the updated maps and ensuring field staff have the latest map updates. All maps, drawings, sketches, or other technical information either oral, written, or otherwise furnished or disclosed to or obtained by Contractor in the performance of this Contract shall remain the property of District. All copies of such information shall be returned to District upon written request or at the completion of this Contract. C. Compliance with all Laws 1. Contractor agrees that it will abide by the Short Term Traffic Control Handbook published by the Oregon Department of Transportation. 2. Contractor shall at all times comply with ORS 757 and OAR 952. In the event of a conflict between the requirements of this Contract and the OAR, the stricter requirements shall be controlling. D. Duration of Contract This Contract shall begin on the date indicated on page one and shall terminate on June 30, The Contract may be renewed upon the agreement of the parties for up to two additional one-year periods. E. Unit Price Adjustments Unit Price adjustments will be allowed only at the beginning of a renewal period. Contractor may increase Contractor's unit prices by an amount that is equal to the percentage change in the Consumer Price Index, Urban Wage Earners and Clerical Workers, U.S. City Average, during the previous Contract year. Contractor shall notify District of proposed price changes at least six months prior to the end of the current Contract term. No increases in unit prices shall be effective until Contractor provides District with the revised pricing and evidence supporting the calculation of the increased prices based on the formula set forth herein and the parties enter into an Amendment Exhibit A Scope of Work and Special Terms and Conditions Page 8 of 9

16 EXHIBIT B CONTRACTOR S COST PROPOSAL FOR LOCATING AND MARKING SERVICES OF UNDERGROUND FACILITIES I. Unit Costs A. District shall pay Contractor at the following rates: a. Unit Price for each Locate: $13.37 b. Unit Price for each Non-locate: $5.63 c. Hourly Rate (for additional services): $39.64 d. After-hours Hourly rate: $49.36 (Unit costs are based on 500 lineal feet increments.) B. District s total payment to Contractor shall not exceed $230,000 for the period August 22, 2017 through June 30, 2018 and $230,000 for each 12-month period thereafter. PS-2/12 Exhibit B Contractor s Cost Proposal Page 9 of 9