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HomeMy Public PortalAboutORD13573 BILL NO._ 2003-47 SPONSORED BY COUNCILMAN - — Groner _ ORDINANCE NO.,r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH GREAT PLAINS LOCATING SERVICE, INCORPORATED FOR UTILITY LOCATING SERVICES. WHEREAS, Great Plains Locating Service, Incorporated, has become the apparent lowest and best bidder on the utility locating services project; BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section. 1. The bid of Great Plains Locating Service, Incorporated, is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Great Plains Locating Service, Incorporated for utility locating services. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. r Passed: / .�� _ !"f Approved:.Presiding Officer Mayor iATTEST: ,%' APPROVED AS TO FORM: YA ity Cie City ounseIor FINANCE IMPARTMENT PURCHASING DIVISION SU13.1ECT: [aid 207$ - Wastewater utility Locating Services Community I)evelopmcnt - Opcncd .tune 10, 2003 BIDS RECEIVED: 6 Months Renew 12 mo Renew 12 mo Great Plains locating Services, Inc., Oniaha, Nil'. $ 28,750.00 $ 57,500.00 $ 57,500.00 Central Locating Service, Ltd., Willow Grove, PA $ 37.625.00 $ 77,000.00 $ 79,5100.00 Four additional bidders were sent the R.113 but (lid not respond FISCAL NO'1'1;: 6400-5900-1940-0020 Professional Services 02-03 Budget $ 80,000.00 Expended 1,902.50 Encumbered -0- Bid No. 2078 $ 28,750.00 Balance $ 49,347.00 PAST PERFORMANCE: The City has not used this type ofservice in the past. Staffbelieves that Great Plains Locating ,Service, Inc. will meet all requirements of'the specification as bid. RECOMMENDATION; Staff recommends the award of the bid to the lowest and responsible bidder meeting the specifications, Great Plains locating Service, Inc. ofOmalia, Nebraska tier a six month period at a cost of$28,750.00. ll'the City chooses to renew, two additional one year renewal periods were bid at specific prices. ATFACHMEMI'S - SUPPORTING, DOCUMI?NTATION Tabulation of Bids, Departmental Recommendation Signature �vriJt , ^� Purchasing ent Direct ►r, C, n l( i Development Dept. t MEMO To: Terry Stephenson, Purchasing Agent From: Patrick E. Sullivan, Director of Community Develop i:! n F Subject: Bid No, 2078 Wastewater Utility Locating Services !Date: June 23, 2003 The Wastewater Division has reviewed the two bids received for this project and recommend the bid be awarded to Great Plains Locating Service, Incorporated for utility locating services as they are the lowest and best bid. City of JsHurson,Missouri Tabulation of Bids Bid No.2070 Subj: Wastewater Utility Locating Serv. ats: 0.10.03 Great Plains Locating Service,Inc, Central Locating Service Ltd pt.: Comm.Day. -Collection Syst, Omaha,NE Willow Grove,PA ITEM EST QTY Unit Price 1 alai Price Unit Price Total Prico Unit Price Total Pace i ! I 1 Price locales per One Cell ticket 2,500 ca $11 50 $20,750.00 $15.051 $37,025.00 (6 month pariod) Liability for facility restoration i Included In pricing $251000.00 $2,500.00 ! Additional costs ! Vililant(optional) $0.95 Facility Protection $37.00 { Turn-key screen(opt) $1.25 After Hours Call Out ! $45.00 Hourly Work (1 hr) i $45.00 2�Renewal 2nd Period Prlce locates per One Call Ticket 5,000 $11.50. $57,500.00 $15.401 $77,000.00 f !(12 month period) i Liability for facility restoration I Included in pricing $25,00000' $2,500.00! Additional costs Vililant(optional) $U.95 Facility Protection $37.00 Turn-koy screen(opt), S 1.25 After Hours Call Out $45.00 Hourly Work (1 hr) $45.00 { 3 Renewal 3rd Period Price locates per One Call Ticket 5,000 $11.50! $57,50000 $15.90 $79,500.00 1 (12 month period) i I I Liability for facility restoration included In pricing $25.000,001 $2.750.00) f i f i Additional costs Vililant(optional) i $0.95 Facility Protection $37.50 ! Turn-key screen(opt) $1.25 After Hours Call Out I $40.00 I +� Hourly Work (1 hr)I $45.00 , Mfg In United States i yes yes nfa Minority Business Enterprise no no nla i I � l 1'he following were sent the RFB but did not respond l ! 1 I SM&P Utility Resources,Carmel,Ii� (Central Locating Services,Basehoi KS C&C Leak Dolectrs,Inc.,New Orleans,LA Walnscott Leak Detection,Speedw SMP-Barry Demalas,St.Louis,Mb i w i i i l I i Y�a -13 05 CITY OF JEFFERSON • Underground Facilities Locating and Marking Service Agreement This Agreement("Agreement") entered into on the 7,/ of September, 2003, ("Effective Date") by and between the City of Jefferson, a Missouri, a municipal corporation ("City") and Great Plains Locating Service, Inc. ("Contractor"). BACKGROUND A. City owns and operates underground facilities in the geographic area described on Attachment A to this Agreement(Contract Service Area). B. City desires to have Contractor provide the necessary labor and equipment to provide certain services relative to locating and marking City's underground facilities in the Contract Service Area. AGREEMENT Based on the Background set forth above and in consideration of the mutual covenants,terms and conditions set forth below, City and Contractor agree as follows: 01. Definitions. The following terms when used in this Agreement shall have the following meanings: 1.1 APWA means the American Public Works Association and its Underground Utility Location and Coordination Council. 1.2 At Fault Damages means Damage to City's Facilities caused by an Excavator that occurs with respect to Locatable Facilities unless Contractor can demonstrate that the Locate was done with Reasonable Accuracy. 1.3 City's Facilities means any sanitary sewer main and water main owned by City. 1.4 Damage to City's Facilities means the penetration or destruction of any protective coating, sheath, housing or other protective facility of underground plant, the partial or complete severance of underground plant, or the rendering of any underground plant partially or completely inoperable. 1.5 Excavator means any person who engages directly in excavation. 1.6 High Profile Facilities means fiber cable,,900 pair or greater,switch gear cable,and 6"main or greater. • HAContract Fdes\service\Great Plains Locating Services Wastewater Utiltities 9-17-03.wpd 1 1.7 Interruption of Service means an interruption in the services provided by City to its Customers arising from a Damage to City's Facilities. • 1.8 Locatable Facilities means City's Facilities that can be field marked with Reasonable Accuracy by using devices designed to respond to the presence of City's Facilities,together with records of sufficient accuracy, but shall specifically not include Unidentifiable Facilities and Unlocatable Facilities. 1.9 Locate means the completed process of having provided Locate Services at an excavation site. 1.10 Locate Service mean the process of determining the presence or absence of City's Facilities,their conflict with proposed excavations, and the Marking of the proper places or routes of City's Facilities within Reasonable Accuracy limits as required. 1.11 Low Profile Facilities means any of City's Facilities that are not High Profile Facilities. 1.12 Marking means the use of stakes and flags, paint strips or other clearly identifiable materials at appropriate distances and at each divergence from a straight line in accordance with the current marking standards of the APWA to show the field location of Underground Facilities accurately. 1.13 One Call Center means the state centralized call center that receives information from excavators and transmits messages in the form of Tickets, about the proposed excavation, to prevent damage to underground facilities. 1.14 Project Locate means a Locate that requires Contractor to spend more than 1 %a hours at the excavation site. 1.15 Reasonable Accuracy means the placement of appropriate markings within twenty-four(24) inches of the outside dimensions of both sides of an Underground Facility. 1.16 Restoration Costs means the actual costs incurred by City to repair Damage to City's Facilities arising from At Fault Damages, but shall specifically exclude any Third Party Claims. Restoration Costs is equal to the actual labor, equipment and material costs incurred by City to repair the Damage to City's Facilities and shall not include consequential damages. 1.17 Services means the services to be provided by Contractor under this Agreement. 1.18 Site Surveillance means to watch over and protect City's Facilities during unusual or extensive excavation projects (i.e. road widening projects, sewer projects, etc.) and providing such continuous on-site Locate Services as may be dictated by the nature and scope of the excavations. • HAContract Files\service\Great Plains Locating Ser ices\Wastewater Uti(tities 9-17-03."d 2 1.19 Third Party Claims means any claims for losses, fines, penalties, damages or expenses made by a person not a party to this Agreement arising from Damages to City's Facilities, including but not limited to, claims as a result of(a) injury or death of any person, (b) damage to, loss or destruction of any property, or(c)Interruption of Services. 1.20 Ticket means an underground facility locate request as defined by the applicable state One Call Center. 1.21 Underground Facilities means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic telephonic or telegraphic communications,cablevision,electric energy,petroleum products,gas,gaseous vapors,hazardous liquids or other substance including,but not limited to,pipes, sewers, conduits,cables,valves,wires,manholes,attachments and those parts of poles or anchors below ground. 1.22 Unidentifiable Facilities means City's Facilities that are neither apparent on the records provided by City or from Visual Examination. 1.23 Unlocatable Facilities means City's Facilities whose presence is known either from records provided by City or a Visual Examination, but which cannot be field marked with Reasonable accuracy using standard procedures employed by Contractor. 1.24 Visual Examination means an attempt to determine the existence of City's Facilities at an excavation site by a reasonable visual inspection rather than from City's maps and records. 1.25 "Screening" or"screen," when referring to a Ticket, means the process of clearing (not locating)a Ticket prior to dispatching a technician,per the guidelines established by City in Exhibit B. 2. Responsibilities of Contractor 2.1 Contractor shall furnish all labor, materials and equipment necessary to perform Locate Services for City within the Construct Service Area except for the maps and records to be provided by City under Section 3.1. Contractor will receive locate request transmittals directly from the One Call Center for the Contract Service Area. 2.2 Upon receipt of a request for a Locate, Contractor will determine whether a field visit to the excavation site and a Visual Examination is required to determine if a conflict exists between the City's Facilities and the proposed excavation. If Contractor determines that no field visit or Visual Examination is necessary,Contractor will proceed under section 2.4 below. HAContract Files\scMce\Great Plains Locating ServicesMastewater Utiltities 9-17-03.wpd 3 2.3 If Contractor determines that there are Locatable Facilities present at the excavation site, it will indicate the presence of those facilities with appropriate Markings. • 2.4 If Contractor determines that City's Facilities are not present at the excavation site, Contractor will either notify Excavator prior to the proposed excavation that City's Facilities are not present or mark the excavation site in a manner to indicate that City's Facilities are not present at the proposed excavation site. 2.5 City agrees that Contractor will have the right to screen tickets via prints. City also agrees that Contractor will not be liable for any damages that occur because of incorrect prints. 2.6 If Contractor determines that there are Unlocatable Facilities at the excavation site,it will notify City and City will be responsible for determining what course of action should be followed to assure that the Unlocatable Facilities are not damaged by Excavator. 2.7 City agrees that Contractor shall be permitted to videotape each Locate that it performs. If the Excavator refuses to allow such videotaping, Contractor shall not be required to complete the Locate but shall instead treat City's Facilities at the excavation site as Unlocatable Facilities and simply report it to City in accordance with section 2.6 above. 2.8 Any maps and records furnished by City pursuant to section 3.1 shall remain the property of City. Contractor agrees to return all copies of such maps and records to City upon City's written request or at the termination of this Agreement. Unless such maps and records were previously known to Contractor free of any obligation to keep them confidential,are given to Contractor by a third parry not obligated to keep them confidential, or become public without any act or omission of Contractor,Contractor agrees to keep such maps and records confidential and shall use such maps and records only in the performance of this Agreement except upon such terms as may be agreed upon by City or as required by law. This obligation of confidentiality shall survive the termination of this Agreement. 2.9 Subject to the terms of section 3.2,Contractor shall perform the Services as an independent contractor and as such it has the right to exercise control and supervision of the work and full control over the employment, direction, compensation and discharge of all persons assisting it in performing the Services;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. 2.10 Contractor shall not subcontract the Services or any part of the Services without the prior written approval of City,which approval City may choose to withhold in its sole direction. 2.11 Contractor shall comply with the provisions of all applicable permits and licenses relative to the services to be performed hereunder. Contractor shall comply with all laws, ordinances and regulations of the United States,the State of Missouri,and any unit of local government correctly asserting jurisdiction, applicable to the Services (including,but not limited to Worker's Compensation,Unemployment Insurance and Social Security). • H.Tontraa ReAse[vice\Great Plats Locating Services\Wastewater Utiltities 9-17-03.wpd 4 2.12 City may request that contractor Screen Tickets in accordance with the fees set forth on Exhibit A and this Agreement. • 2.13 Performance of Screening Services (a) Contractor agrees to Screen Tickets consistently with the guidelines established by City as listed on Exhibit B. (b) Contractor retains no liability for damages caused by the inaccuracy of City records. Further, City agrees to indemnify and hold Contractor harmless for any and all damages, cost, losses and expenses caused by inaccurate records. 3. Responsibilities of City. 3.1 City agrees to provide Contractor with the necessary maps and records to permit Contractor to provide the Locate Services. 3.2 City agrees that it will reasonably cooperate with Contractor to revise this Agreement so that Contractor enjoys the same protection under the laws applicable to the City regarding Third Party Claims as the City would enjoy if it were performing the Services, except for protection afforded by the doctrine of sovereign immunity. 3.3 City will pay Contractor for the Locate Services in accordance with the charges set forth • on Exhibit A. 4. Term,Termination and Exclusive Nature of Agreement 4.1 This agreement shall be effective as of October 1,2003 and continue for a period of six(6) months. With the consent of both parties,the agreement may be extended for two(2)one (1) year periods,unless sooner terminated pursuant to section 4.3. 4.2 City shall use Contractor as its non-exclusive provider of Locate Services within the Contract Service Area. 4.3 Either party to this Agreement may terminate this Agreement upon ninety(90)days prior written notice to the other. Upon such termination the only liability will be that of the City for any Services performed by Contractor prior to the effective date of termination, and Contractor for the delivery of any service or reports due before the termination date. 5. Investigations of Damage t�ty's Facilities 5.1 Should either party to this Agreement become aware of any Damage to City's Facilities that occurs after Contractor has been asked to perform a Locate with respect to the City's • HAContract Files\service\Great Plains Locating ServicesMastewater Utiltities 9-17-03.nd 5 Facilities, the party learning of the Damage to City's Facilities shall promptly notify the other party. This notification may be made orally,but shall be followed up with written • documentation. Both parties to this Agreement reserve the right and shall be entitled to investigate any reports of Damage to City's Facilities. 5.2 Contractor will investigate incidents of Damage to City's Facilities and provide a written report of its findings to City. Such report will contain Contractor's determination as to whether the Damage to City's Facilities constitute At Fault Damages. City shall have thirty (30) days after receipt of Contractor's written report to contest Contractor's conclusion. Unless City notifies Contractor in writing within such period that it disputes Contractor's conclusion as to At Fault Damages,Contractor's conclusion with regard to that issue shall be deemed binding with respect to this Agreement. If City disputes Contractor's conclusion, the parties will seek to mutually resolve such dispute and if they cannot such dispute will be resolved in accordance with section 12.1. 5.3 Contractor shall be entitled to collect an investigation fee for each investigation and written report thereof, which it provides to City, unless such report concludes or the parties ultimately agree that the report involves At Fault Damages. The fee for such reports is $90.00. 5.4 City agrees that should it fail to notify Contractor as provided in section 5.1 of any Damage to City's Facilities within one(1)business day or 24 hours whichever is longer after City receives notice of the damage and Contractor is otherwise unaware of the damage within • that period,then Contractor shall not be liable to City for Restoration Costs arising from that Damage to Citys' Facilities and City shall indemnify Contractor against Third Party Claims in accordance with Section 8.1, even if it is later determined that such damage constitutes At Fault Damages. 6. Restoration Costs and LIMITATION OF LIABILITY 6.1 If Contractor receives a request to provide Locate Services with respect to City's Facilities or provides Site Surveillance and the Excavator then causes Damage to City's Facilities, the Contractor will be responsible for paying City's Restoration Costs if such damages constitution At Fault Damages. Contractor's liability,should it provide Site Surveillance, is limited to its liability for the accuracy of the Locates it provides during such Site Surveillance. If the Damage to City's Facilities are not At Fault Damages, Contractor's only responsibility will be to provide whatever support to City it can reasonably provide to establish whether the Excavator or another third parry is liable for such Damage to City's Facilities. H.Tontract Files\senrice\Great Plains Locating ServicesMastewater Utdtities 9-17-03.wpd 6 7. Indemnification of Cityby Contractor • 7.1 Contractor shall indemnify and hold City,elected and appointed officials,employees,and agents harmless from and against any and all Claims including Third Party Claims from or in connection with At Fault Damages; provided, however, Contractor shall not indemnify City for Claims arising from Unidentifiable Facilities or Unlocatable Facilities or for Claims that arise from the active negligence or willful misconduct of City,its agents or employees. 8. Indemnification of Contractor by City 8.1 City shall indemnify and hold Contractor, its agents, employees, officers, directors and shareholders harmless from and against any and all Claims,including Third Party Claims, arising out or resulting from Damage to City Facilities if the City's Facilities were either Unidentifiable Facilities or Unlocatable Facilities or if the Claims arose from the active negligence or willful misconduct of City,its agent or employees. 9. Price Revisions 9.1 Contractor may adjust the prices for Locate Services set for on the Exhibit A upon forty- five (45) days notice to City, provided that Contractor provides City evidence that such • price increase results from either (a) an increase in Contractor costs for providing the Services that exceeds the average rate of inflation for the period since Contractor's most recent price increase; (b) a material change in the one-call statute effective within the Contract Service Area; or(c) a change in the mix of the number or types of Locates on which the pricing set forth in Exhibit A was based. Unless City contests,in writing within the thirty(3 0)day notice period,the evidence provided by Contractor the price increase will become effective on the date identified in Contractor's notice. If City contests the basis for the price increase as provided above,the parties shall either negotiate a mutually agreeable resolution or resolve the dispute as provided in section 12.1. 10. Equal Employent 10.1 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. • H:Tontract Mes\secvice\Creat Plains Locating SavimMagewater Utiltities 9-17-03.nd 7 11. Insurance • 11.1 Contractor shall service,pay for and maintain during the term original or extended,of this contract, insurance of the types and in the amounts herein specified. A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single occurrence and$300,000 for any one person in a single accident or occurrence,except forthose claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287,RSMo., and Contractor's Property Damage Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. D. Subcontracts -In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and(c)hereof and in like amounts. E. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs(b) and(c) hereof shall provide adequate protection for Contractor and its subcontractors, respectively,against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it,and also against any special hazards which may be encountered in the performance of this contract. 11.2 The insuring company shall deliver to the City certificates of all insurance required,signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. 12. Dispute Resolution 12.1 The parties shall attempt in good faith to resolve all disputes (Controversy)promptly by negotiations, as follows. Any party may give the other party written notice of any HAContract Files\sery ce\Great Plems Locating SecvimMmtewater Uti Cities 9-1743.wpd 8 Controversy not resolved in the normal course of business. Executives of both parties at levels at least one level above the personnel who have previously been involved in the • Controversy shall meet at a mutually acceptable time and place within thirty days,or other mutually agreed time, after delivery of such notice, and thereafter as often as they deem reasonably necessary, to exchange relevant information and to attempt to resolve the Controversy. If the matter has not been resolved within sixty days from the referral of the Controversy to senior executives, or if no meeting of senior executives has taken place within thirty days after such referral and if the Controversy is over the amount of Restoration Costs owed by Contractor to City,the parties shall simply split the difference between their respective positions. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least three working days' notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State rules of evidence. If a Controversy involves more than simply a dispute about Restoration Costs, unless otherwise agreed,the matter shall be submitted to binding arbitration. A single arbitrator engaged in the practice of law, who is knowledgeable about construction law and the construction business,shall conduct the arbitration under the current rules of the American Arbitration Association(AAA). The arbitrator shall be selected in accordance with AAA procedures from a list of qualified people maintained by the AAA. The arbitration shall be conducted in the AAA regional office closest to where the claim arose or at another location agreed upon by both parties,and all expedited procedures shall apply.Discovery • in accordance with the Federal Rules of Civil Procedure shall be allowed for a period of ninety calendar days after filing of the Answer or other responsive pleading. Any discovery disputes shall be resolved by the arbitrator. The arbitrator shall have the authority to award any and all damages available under the theory of law asserted by the parties. The prevailing party shall be entitled to an aware of its costs and reasonable arbitrators and/or attorneys fees. The arbitrator's decision and award shall be final and binding,and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcing the arbitrator's decision. If any party files a judicial or administrative action asserting claims subj ect to arbitration,and the other party successfully stays such action and/or compels arbitration of said claims,the party filing such action shall pay the other party's costs and expenses incurred in seeking such stay and/or compelling arbitration, including reasonable attorneys' fees. 13. Miscellaneous 13.1 Neither party shall be deemed to be in default of this Agreement to the extent that any delay or failure to perform its obligations, other than the payment of money, results from any cause beyond its reasonable control and without its fault or negligence,such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather conditions or strikes. If Contractor claims that it is delayed by such a cause, it shall notify City immediately and City shall be entitled to obtain the Services from any other person until such cause terminates as evidenced by a notice from Contractor that such cause had ended. HAContract FHes\seMce\Great Plains Locating SecvimMastewater Utiltities 9-17-03.wpd 9 13.2 This Agreement may only be modified or amended by a written instrument signed by an authorized representative of Contractor and City. The term"Agreement"shall include any such future amendments or modifications. 13.3 This Agreement shall constitute the entire contract between the parties with respect to the subject matter of this Agreement. City and Contractor each represent that it has read this Contract,agrees to be bound by all terms and conditions contained in this Agreement,and acknowledge receipt of a signed,true exact copy of this Agreement. 14. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 15. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Community Development, 320 East McCarty,Jefferson City,Missouri,65 10 1,and Contractor at Great Plains Locating Service,Inc.,11640 Arbor Street,Suite 200,Omaha,Nebraska, 68144. The date of delivery of any notice shall be the second full day after the day of its mailing. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their .duly authorized officers or representatives. CITY O EF ON G AT PLAINS OCATING SERVICE, INC. s� 1VIa Title: ATTEST: ATTEST: LU � City Clerk :' Title: 1//,0,', APP VED AST FORM: City Co selor H.Tonvact FdeslserviceWreat Plains Locating ServioesMastewater Utiltities 9-I7-03.wpd 10 NORTH JEFFERSON CITY WATER BOUNDARY A � t r y Fr. t 1,0 glut* 04, F � l 1 '� ;��, j. a�►�'t�K t�_�� "i - !"yam. a`�..,. JEFFERSON CITY SEWER SERVICE BOUNDARY IN CALLAWAY COUNTY N A IF� 4 fid' � ;amu �x � 01�11 A r AtN4 a y g w Z � n 4 +a y �f a �w � ' " t r 4- x v d , �,.a �•d► ®4q nk AG EXHIBIT A • SERVICE FEE City does not choose to Screen Tickets: Locate Unit Price $11.50 Each Hourly Charge $45.00 Each City chooses to Screen Tickets: Locate Unit Price $15.00 Each Screening Charge per Ticket received from One Call Center $ 1.25 Each Hourly Charge $45.00 Each • CITY OF F ON GREAT PLAINS LOCATING SERVICE, INC. By: . y. Name: Name: Title: Q Title: Date: q - J,�L 3 Date: • HAConvact Files\service\Great Plains Locating Smiccs,Wastmate Utiltities 9-17-03.wpd 12 EXHIBIT B GUIDELINES FOR SCREENING TICKETS i 1. If locate indicated on opposite side of street from utility(sewer); 2. If locate is in the utility area boundary but no sewer lines or service is available; 3. If no service or sewer available to the property request locate; 4. If proposed work is in rear of property and sewer is in the front or vice versa, ticket may be screened; 5. If excavation is less than 12 inches deep,such as buried dog security fence,ticket may be screened. • CITY O EF S GREAT PLAINS LOCATING SERVICE, INC. By: By: Nam Name: Title: R'k4 utJ Title: Date: o` - (' J Date: • H:,.Contract Files�senice\Great Plains Locating Services\Wastewater Utiltities 9-17-03.wpd 13 JEFFERSON CITY SEWER SERVICE BOUNDARY IN COLE COUNTY A s EXHIBIT A SERVICE FEE City does not choose to Screen Tickets: Locate Unit Price $11.50 Each Hourly Charge $45.00 Each City chooses to Screen Tickets: Locate Unit Price $15.00 Each Screening Charge per Ticket received from One Call Center $ 1.25 Each Hourly Charge $45.00 Each • CITY O E ON GRE A PLAINS LOC TING SERVICE,INC. By: By: .� ' Name: Name: �.� �C • oIS Title: . ��� Title: _ ,b1�. I Date: z Date: o ( 3 b3 • —T HAContract Files\swAce\Great Plains Locating Ser iccMastewater UtMies 9-17-03.wpd 12 EXHIBIT B • GUIDELINES FOR SCREENING TICKETS 1. If locate indicated on opposite side of street from utility(sewer); 2. If locate is in the utility area boundary but no sewer lines or service is available; 3. If no service or sewer available to the property request locate; 4. If proposed work is in rear of property and sewer is in the front or vice versa, ticket may be screened; 5. If excavation is less than 12 inches deep,such as buried dog security fence,ticket may be screened. CITY OF FE GREA PLAINS LOCA ING SERVICE, INC. By: By: Name: Name: Z>J E Title: Title: ',�— - -1 - Date: Date: O • H.Tontiact Files\smvice\Great Plains Locating SecvicesMastewater Utiltities 9-17-03.wpd 13 2 CITY OF JEFFERSON AMENDMENT TO UNDERGROUND FACILITIES LOCATING AND MARKING SERVICES AGREEMENT WHEREAS,the City of Jefferson, Missouri, a municipal corporation,with offices at 320 West McCarty Street,Jefferson City,Missouri, 65101,hereinafter designated"City", entered into an Agreement with Great Plains Locating Service, Inc. hereinafter referred to as "Contractor"on September 24, 2003. WHEREAS,the City owns and operates underground facilities in the Contract Service Area; and WHEREAS, both parties wish to renew the Agreement for a one (1) year period. NOW THEREFORE, said Agreement is hereby amended as follows: 1. Section 3, Sub-Section 3.3 of the Agreement dated September 24, 2003, is hereby amended to read as follows . 3.3 City will pay Contractor for the Locate Services in accordance with the charges set forth on Exhibit A. It is expressly understood that in no event will the total compensation and reimbursement to be paid under the terms of this contract exceed Fifty-Seven Thousand Five Hundred Dollars ($57,500.00) for services required unless specifically and mutually agreed to in writing by both the City and Contractor. 2. Section 4, Sub-Section 4.1 of the Agreement dated September 24, 2003, is hereby amended to read as follows: 4.3 This agreement shall be effective as of October 1, 2003 and continue for a period of sig(6) seven (7) months. With the consent of both parties the agreement may be extended for two one:(1)yearperiods,unless sooner terminated pursuant to section 4.3.'The first renewal period shall be from May 1,2004 through April 30,2005. HAContract Fdes\service\Creat Plains Locating Secvices\Amendment 2004.wpd ,. _ -. ., .. � .. � . ;. a._ .. +. ' _ � _. .... � is t ' .i 3. All other sections of the Agreement dated September 24, 2003, shall remain in effect as stated. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of April, 2004. CITY OF JEFFERSON,MISSOURI GREAT PLAINS LOCATING SERVICE, INC. 2;/ M o President/CEO ATTEST: ATTEST: City Cle APPROVED AS TO FORM: U11-- Cit3rcounselor HAContract Fdeftervice\Great Plains Locating ServiceMmendment 2004.wpd