Loading...
AG 19-078 - USIC Locating Services, LLCRETURN TO: PW ADMIN EXT: 2700 ID #: 4271 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / Development Services .2. ORIGINATING STAFF PERSON: Cole Elliott EXT: 2730 3. DATE REQ. BY: 07/07/2023 .3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 19-078 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Underground Utility Locating 5. NAME OF CONTRACTOR: USIC Locating Services, LLC ADDRESS: 9045 North River Road. Suite 300, Indianapolis IN 46240 TELEPHONE: 317-575-7800 E-MAIL.: FAX: SIGNATURE NAME: Sean LepskV TITLE. Vice President of Sales 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # . EXP. 7. TERM: COMMENCEMENT DATE. COMPLETION DATE. 12/31 /24 8. TOTAL COMPENSATION: $ no chances_ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER CE 06/27/2023 6 DIVISION MANAGER CE 06/27/2023 d DEPUTY DIRECTOR DSW 7/5/23 6 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT KVA7/5/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 7/6/2023 DATE REC' D: 7/14/2023 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 8 LAW DEPT [ %� 7 8 SIGNATORY (MAYOR OR DIRECTOR) 8 CITY CLERK ❑ ASS[GNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: • p'-? I o�3.u_A. COMMENTS: EXECUTE" " ORIGINALS 1/2020 CITY OF CITY HALL Fe d e ra I Wa 33325 8th Avenue South 4W (253)Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederaMW com AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR UNDERGROUND UTILITY LOCATING This Amendment ("Amendment No. 3]") is made between the City of Federal Way, a Washington municipal corporation ("City"), and USIC Locating Services, LLC, Indiana limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Underground Utility Locating ("Agreement") dated effective May 14, 2019, as amended by Amendment No. 1 January 19, 2021, and Amendment No. 2 October 14, 2022, as follows: 1. AMENDED COMPENSATION. The compensation, as referenced by Exhibit B-1 of Amendment No. 2 to the Agreement, shall be replaced in its entirety by Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 VA� (253) 835-7000 www-ilk �f(ederahvaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Ji rr Mayor DATE: USIC LOCATING SERVICES, LLC: By: Printed Name: Sean Le �e Title: VP of Regional & Inside Sales Date: STATE OF INDIANA ) ) ss. COUNTY OF MARION ) ATTEST: q4av� &" - Sttphai is Courtney, CMC, Ci 6l.erk A PPROVED AS TO R� f, /kyan Call, City Atto On this day personally appeared before me Sean Lepsky , to me known to be VP of Regional & Inside Sales of USIC Lor-atina Services LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN my hand and official seal this I ?> day of Tu ) j , 20J3 Notary's signature V kj�\aJ Notary's printed name a " Notary Public in and for the State of Indiana. My commission expires S -/00 WENDY V Se+ Notary Public • S' +` of Indiana Marion � .unty My Commission Expl— May 10, 2024 B-3 AMENDMENT -2- 3/2017 CITY OF CITY HALL Feder l Avenue South y Federal Way, WA 98003-6325 Fe d e ra I Way �-` (253)835-7000 www o"ffederalwey. com COMPENSATION 1. Total Compensation: No change. The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Ninety Thousand and 00/100 Dollars ($590,000.00). 2. Method of Compensation: Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as shown below: ITEM ITEM UNIT ESTIMATED UNIT EXTENDED WSST** TOTAL NO. DESCRIPTION QTY PRICE PRICE 1 Normal Locate Rate EA 2,200 $21.63 $47,586.00 $0 $47,586.00 (Storm and Electrical Only) 2 No Conflict (Storm EA 2,700 $21.63 $58,401.00 $0 $58,401.00 and Electrical Only) Cleared Rate 3 Hourly Rate Hour 40 $60.76 $2,430.40 $0 $2,430.00 (billed by '/4 hour at $14.13 4 Callout/Overtime Hour 20 $79.88 $1,597.60 $0 $1,597.60 (OT) Hourly Rate 5 City Fiber Optic Hour 40 $25.13 $1,005.20 $0 $1,005.60 Cable Locate Total: $111,019.80 $0 $111,019.80 Pricing Definitions Per One Call Ticket — All tickets received from Washington One Call. Each ticket granted 30 minutes of locating time. The ticket will then be billed per %4-hour at the Hourly Rate shown above. Paintable Locate — Locating, painting and flagging of the City of Federal Way Fiber utility only. Each ticket granted 30 minutes of locating time. The ticket will then be billed per'/4-hour at the Hourly Rate shown above. AMENDMENT - 3 - 3/2017 USIE* PROTECTING INFRASTRUCTURE Certificate of Authority July 12, 2023 City of Federal Way City Hall 33325 8th Avenue South Federal Way, WA 98003 Re: Certificate of Authority — Amendment No. 3 to Goods and Services Agreement for Underground Utility Locating To Whom It May Concern: I, Brooke J. Egan, individually and on behalf USIC Locating Services, LLC, as Senior Vice President, Legal and Corporate Secretary, do by my signature below, certify that: 1. USIC Locating Services, LLC is an Indiana limited liability company; 2. I am the Senior Vice President, Legal and Corporate Secretary of USIC Locating Services, LLC 3. The Parties have agreed to execute Amendment No. 3 to Goods and Services Agreement for Underground Utility Locating; 4. USIC Locating Services, LLC authorizes Sean Lepsky, Vice President, Regional and Inside Sales, to execute any and all documents which may be necessary to create an enforceable Amendment No. 3 to Goods and Services Agreement for Underground Utility Locating; 5. The following person has been appointed to and now occupies the office indicated in (4) above: a. Sean Lepsky Vice President, Regional and Inside Sales 6. In witness whereof, I hereby set my hand this 12th day of July 2023: 3t-�1 &r- Brooke J. Egan Sr. Vice President, Legal and Corporate Secretary USIC Locating Services, LLC USICLLC.com 1 9045 North River Road, Suite 200 1 Indianapolis, IN 46240 6/27/23, 1:08 PM Corporations and Charities System BUSINESS INFORMATION Business Name: USIC LOCATING SERVICES, LLC UBI Number: 602 887 840 Business Type: FOREIGN LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 9045 RIVER RD STE 200, INDIANAPOLIS, IN, 46240-6400, UNITED STATES Principal Office Mailing Address: 9045 RIVER RD STE 200, INDIANAPOLIS, IN, 46240-6400, UNITED STATES Expiration Date: 01/31/2024 Jurisdiction: UNITED STATES, INDIANA Formation/ Registration Date: 01/30/2009 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, PRE -DIG UNDERGROUND UTILITY LOCATING SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: C T CORPORATION SYSTEM Street Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES Mailing Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR ENTITY USIC, LLC https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1 /1 RETURN TO: PW ADMIN EXT: 2700 ID #: 4111 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / Development Services 2. ORIGINATING STAFF PERSON: Cole Elliott, PE EXT: 2730 � w 3. DATE REQ. B"Ym�) / / 0"' 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 19-078 ❑ INTERLOCAL ❑ OTHER Amendment 42 4. PROJECT NAME: Underground Utllltv Locating NAME SIC Locatina Services, s. ^R: U_ LLC ........ 045 Northiver ,.. Iite aa ., l443 TFLL:.I0NE:317-575 -7800ADDRESS: E-MAIL: diirn—talbaum ollc.com FAx-317-663-0708 SIGNATURE �1MIi: DarinSt�_Iaum TI II: Vice President EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE # mmmm,m,m BL, EXP. 12/31/__ UBI # 602 887 840 , EXP. / / 7. TERM: COMMENCEMENT DATE: 5/14/201 9 COMPLETION DATE: 12/31 /2024 8. TOTAL COMPENSATION: $ Addlnq,.22„.�0 TOta1 = 590,000.OQ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $, -- IS SALES TAX OWED: ❑YES ❑ NO IF YES, $,., - PAID BY: ❑ CONTRACTOR ❑ CITY RET,A.INAGE. RETAINAGF AMOUNT, U RFTAINAGE AGREEMENT (SEE CONTRACT) OR a RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: ( ._.... 410 PO 068090) SPLIT: 70/30 -> $154,000 to 401-3100-620-542-41-410 & 66,000 to 101-4300-230 543-10 9. DOCUMENT / CONTRACT REVIEW 11 PROJECT MANAGER A DIVISION MANAGER d DEPUTY DIRECTOR A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) 11. CONTRACT SIGNATURE ROUTING INITIAL / DATE RI VIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: 7/11/22 COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: 7119/22 COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC, D: 22 10I06/22 ..................... ._.... ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 8 LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR) 8 CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED COMMENTS: E. i..-I °IJ I I ' 2. ' OIfiII INAI.S I jai,JM/,VaZLo . AG DATE SENT: ..�.1..1... �e.... 1 /2020 This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and USIC Locating Services, LLC, an Indiana limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Underground Utility Locating ("Agreement") dated effective 1/19/2021, as amended by Amendment No 1. as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than 12/31/2024 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF C11 IFY HALL 33325 8th Aveinue South Federal Way Fedeii-M Way, WA 8003-6325 (253) 83 -7DD0 wwwri"ffederahvaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: 00 By: mt „�,�: o�. Ji DATE: USIC Locating Services LLC: By: Darin J. Stalbaum, Vice President Date: October 6, 2022 STATE OF INDIANA ) ) ss. COUNTY OF Marion ATTEST: S phanie Courtney, CM Ci Clerk F" ROVED AS TO ;ORM: a (W Ryan Call, City ttortK On this day personally appeared before me ..+ t �` t, , to me known to be the Director of Sales of USIC Locating Services, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of ©(' �1�j�� , 20 2Z Nota s signature Notary's printed name Notary Public 61 and for the 'State of Wash ington. Z My commission expires m m _ ` 1.0.................mm.� WENDY VINAAD Seal Notary Public - State of fndiana Marion County My Commission Expires May 10, 2024 AMENDMENT - 2 - 3/2017 C#TY OF UTY HALL Federal / %J i/�� l % it %i FederM Way, WA 98003-6325 EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Twenty Thousand and 00/ 100 Dollars ($220,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Ninety Thousand and 00/100 Dollars ($590,000.00). 2. Method of Compensation: Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as shown below: ITEM ITEM UNIT ......... ESTIMATED UNIT EXTENDED WSST** �......a TOTAL NO. DESCRIPTION QTY PRICE PRICE ...............�.. 1 Normal Locate Rate EA 2,200 $21.63 $47,586 .00 $0 $47,586 00 (Storm and Electrical Only) ...................... ... 2 No Conflict (Storm EA 2,700 $21.63 $58,401 .00 $0 $58,401.00 and Electrical Only) Cleared Rate 3 Hourly Rate Hour 40 $60.76 $2,430.40 $0� $2,430.40 (billed by 1/4 hour at $14.13) 4 Callout/Overtime Hour 20 $79.88 $1,597. 60 $0 $1,597.60 (OT) Hourly Rate 5 City Fiber Optic Hour 40 $25.13 $1,00 5.20 $0 $1,005.20 Cable Locate* Total: $111,019.80 $OLL $111,019.80 *Not part of current contract Pricing Definition Per One Call Ticket — All tickets received from Washington One Call. Each ticket granted 30 minutes of locating time. The ticket will then be billed per'/4-hour at the Hourly Rate shown above. Paintable Locate — Locating, painting and flagging of the City of Federal Way Fiber utility only. Each ticket granted 30 minutes of locating time. The ticket will then be billed per'/4-hour at the Hourly Rate shown above. AMENDMENT - 3 - 3/2017 m COUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UNDERGROUND UTILITY LOCATING SERVICES AGREEMENT POLICY QUESTION: Should the City Council approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other I DEPT: Public Works STAFF REPORT 1'I't"esire& S. Winkler, P.E., Deputy Director Attachments: Land Use and Transportation Committee memorandum dated April 1, 2019 Underground Utility Locating Goods and Services Agreement Options Considered: 1. Approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC, in the amount not -to -exceed $150,000.00, and authorize the Mayor to execute the agreement. 2. Reject all proposals for the Underground Utility Locating Services and provide direction to staff. MAVOR"s RECOMMENDATION: The Mayor reeorninends forwarding Option 1 to the April 16, 2019 City(."ouncil consent agenda for apprgq 14 MAYOR APPROVAL: �'_A �, "" 5 DIRECTOR APPROVAL: *Zl 11 "� nthmhtec ti'.�'RdtE14' Initial1)"Aw, Initial/Date InitiaLDate COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 16, 2019 consent agenda for approval. Mark'KoDnAk Committee Chk Jesse JohAson„ Committee Member Floanp- "1 ra , Cominittc Member PROPOSED COUNCIL MOTION: "I move approval of the Underground Utility Locating Services Agreement, effective May 1, 2019 through December 31, 2020 with a total compensation not -to -exceed $150,000, and authorize the Mayor to sign said agreement. " — ......,. BELOW TO BE COMPLETED BY CITY CLERK'S O,l:",Elt" E) ...�....�......� ......._ %.M.�_.....-__ -------------- _ .., __.. _ .. ...._.. .... COUNCIL ACTION: 11 APPROVED COUNCILBILL# 11 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment reading 13 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # � ' 1 DATE: April 1, 2019 TO- Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Director of Public Work_ FROM: esiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Underground Utility Locating Services Agreement FINANCIAL IMPACTS: This project was included within the 2019-2020 budget for both Surface Water Management and Traffic Division for a total of $92,410 per year. This will replace the current Traffic contract of $27,410 per year with King County. No new General Fund money will be allocated to this contract, however the City's risk associated with utility strikes will be reduced from the current contract amount. Within the Surface Water Management $65,000 per year has been programmed to fund this contract. To continue to meet the expanding requirements of our NPDES Permit, without this contract, the City would need to either hire an additional SWM Inspector or outsource other inspection work. Both of those options would have a larger financial burden on the City than outsourcing the utility locate contract. This contract will be managed by existing staff, and no anther Financial Impacts are aticipated. BACKGROUND: During the 2019-2020 budget process Public Works reviewed all of our in-house and contracted services to identify both financial savings and also opportunities to create efficiencies within the Public Works Department. One area that was identified was the Underground Utility Locate program. The City is required by RCW to mark -out or confirm there are no City owned utilities (Surface Water, Street and Traffic Lights, Fiber) when a One Call is requested within City Limits. Currently a Surface Water Management Inspector marks -out Surface Water utilities; Street and Traffic Lights are marked out as part of a contract with King County; and Fiber is largely not marked. In the event of a utility being hit during construction, if the City did not mark or cause the utility to be properly marked, the City is liable for the repair costs. Surface Water Management originally had 0.2 FTE of an inspector dedicated to meeting this requirement. Currently SWM has 0.5 FTE dedicated to complete the increased workload associated with the increasing amount of development occurring within the City. Inspection requirements from Ecology associated with the City's NPDES Permit have also increased over the last several years and without outsourcing this SWM will be required to bring in additional staff or contracts to complete other NPDES Permit mandated requirements such as Commercial Inspections, Surface Water Outfall Inspections, and Catch Basin Inspections. Within the 2019 -2020 budget, Surface Water allocated $65,000 towards contract funding. Traffic currently contracts with King County to complete this work at an approximate cost of $27,410 per year. In accordance with the King County Contract, they operate as an extension of our staff, meaning if April 1, 2019 Land Use and Transportation Committee Underground Utility Locate Agreement Page 2 something is not marked or miss -marked the City is liable for the damage to the utility, not the County. This same funding amount is proposed to be transferred to this program, with no increase in funding. IT typically does not mark out fiber, meaning if there is a strike or damage, the City is fully liable for damages. While these are not budgeted, when a strike occurs it typically costs approximately $5,000 to $50,000. The cost for IT to be included within this contract was identified as approximately $10,000 per year, however this was not funded as part of the 2019-2020 budget. The approved budget includes outsourcing both the Surface Water Management and the Traffic components to a single, competitively secured, contract. As part of the new contract, the successful firm will assume the liability that is currently being transferred from King County to the City. The request for proposals includes an hourly rate for locating fiber optic cable upon City special request outside of the one call system. Although currently not budgeted for, this pre -determined rate provides flexibility to add this service at a future date if additional funding becomes available or is necessary as part of a separately funded project. Only one proposal was received. Although seemingly non-competitive, it was not surprising, as USIC Locating Services, LLC is the primary underground utility locator in the area and therefore benefits from economies of scale providing locates for other utilities in the same location. USIC Locating Services, LLC has a proven track record, positive references, and reasonable costs, and therefore, staff recommends entering into this agreement. Table 1: Expenditures Dates of Service Cost May 2019 —December 2019 $ 55,470 ....... w January 2020 — December 2020 $ 94,530 TOTAL $150,000 Table 2: Revenue Revenue Source unt Amo- May, 2019 December 2019 (reduced $ 16,000 King County Traffic Contract) January 2020 — December 2020 ! $ 27,410 (reduced King County Traffic Contract) 2019 $ 5,000 - SWM - 2020 .......... _ $ 65,000 On -cal .............. ...._.. 1 locates and fiber locates for m,,.......... _______........... TBD capital projects — TOTAL $173,410 6/3/22, 9:45 AM Corporations and Charities System BUSINESS INFORMATION Business Name: USIC LOCATING SERVICES, LLC UBI Number: 602 887 840 Business Type: FOREIGN LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 9045 RIVER RD STE 200, INDIANAPOLIS, IN, 46240-6400, UNITED STATES Principal Office Mailing Address: 9045 RIVER RD STE 200, INDIANAPOLIS, IN, 46240-6400, UNITED STATES Expiration Date: 01/31/2023 Jurisdiction: UNITED STATES, INDIANA Formation/ Registration Date: 01/30/2009 Period of Duration: PERPETUAL Inactive Date Nature of Business: OTHER SERVICES, PRE -DIG UNDERGROUND UTILITY LOCATING SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: C T CORPORATION SYSTEM Street Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES Mailing Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR ENTITY USIC, LLC https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1