Agreement

City of Glendale — Regular Meeting (2021-06-08)

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SERVICES AGREEMENT 
(Not Construction Related) 
ELECTRICAL AND FIBER OPTIC LINE LOCATING SERVICES 
(City of Glendale Solicitation No. RFP 21-42) 
 
This Services Agreement ("Agreement") is entered into and effective between the CITY OF GLENDALE, an 
Arizona municipal corporation ("City") and Pegasus Utility Locating Service, Inc., an Arizona corporation, 
("Contractor") as of the _____ day of _________________, 2021 (“Effective Date”). 
RECITALS 
A. 
City intends to undertake a project for the benefit of the public and with public funds (the "Project"); 
B. 
City desires to retain the professional services of Contractor to perform certain specific duties and produce 
the specific work as set forth in the attached Exhibit A, RFP 21-42 Project Scope of Work,  (“Scope”); 
C. 
Contractor desires to provide City with services (“Services”) consistent with industry-best practices and the 
standards set forth in this Agreement, in order to complete the Project; and 
D. 
City and Contractor desire to memorialize their agreement with this document. 
AGREEMENT 
 
The parties hereby agree as follows: 
 
1. 
Key Personnel; Other Contractors and Subcontractors. 
1.1 
Services.  Contractor will provide all Services necessary to assure the Project is completed timely 
and efficiently consistent within Project requirements, including, but not limited to, working in 
close interaction and interfacing with City and its designated employees, and working closely with 
others, including other contractors, retained by City. 
 
2. 
Schedule.  The Services will be undertaken in a manner that ensures the Project is completed timely and 
efficiently in accordance with the Project.   
3. 
Contractor’s Work. 
3.1 
Standard.  Contractor must perform Services in accordance with the standards of due diligence, 
care, and quality prevailing among Contractors having substantial experience with the successful 
furnishing of Services for projects that are equivalent in size, scope, quality, and other criteria under 
the Project and identified in this Agreement. 
3.2 
Licensing.  Contractor warrants that: 
a. 
Contractor currently holds all appropriate and required licenses, registrations and other 
approvals necessary for the lawful furnishing of Services ("Approvals"); and 
b. 
Neither Contractor nor any Subcontractor has been debarred or otherwise legally excluded 
from contracting with any federal, state, or local governmental entity ("Debarment"). 
(1) 
City is under no obligation to ascertain or confirm the existence or issuance of any 
Approvals or Debarments, or to examine Contractor's contracting ability. 
(2) 
Contractor must notify City immediately if any Approvals or Debarment changes 
during the Agreement's duration. The failure of the Contractor to notify City as 
required will constitute a material default under the Agreement.

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3.3 
Compliance.   
a. 
Services will be furnished in compliance with applicable federal, state, county and local 
statutes, rules, regulations, ordinances, building codes, life safety codes, and other 
standards and criteria designated by City. 
b. 
Contractor must not discriminate against any employee or applicant for employment on 
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, 
gender identity or expression, genetic characteristics, familial status, U.S. military veteran 
status or any disability. Contractor will require any Sub-contractor to be bound to the same 
requirements as stated within this section. Contractor, and on behalf of any subcontractors, 
warrants compliance with this section.  
3.4 
Work Product. 
a. 
Ownership.  Upon receipt of payment for Services furnished, Contractor grants to City 
exclusive ownership of and all copyrights, if any, to evaluations, reports, drawings, 
specifications, project manuals, surveys, estimates, reviews, minutes, all "architectural 
work" as defined in the United States Copyright Act, 17 U.S.C § 101, et seq., and other 
intellectual work product as may be applicable ("Work Product"). 
(1) 
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"), 
in electronic format, or in some other form. 
(2) 
Contractor warrants, and agrees to indemnify, hold harmless and defend City for, 
from and against any claim that any Work Product infringes on third-party 
proprietary interests. 
b. 
Delivery.  Contractor will deliver to City copies of the preliminary and completed Work 
Product promptly as they are prepared. 
c. 
City Use. 
(1) 
City may reuse the Work Product at its sole discretion. 
(2) 
In the event the Work Product is used for another project without further 
consultations with Contractor, the City agrees to indemnify and hold Contractor 
harmless from any claim arising out of the Work Product. 
(3) 
In such case, City will also remove any seal and title block from the Work Product. 
4. 
Compensation for the Project. 
4.1 
Compensation.  Contractor's compensation for the Project, including those furnished by its 
Subcontractors will not exceed $705,600 for the entire term of the Agreement as specifically 
detailed in Exhibit B ("Compensation"). 
4.2 
Change in Scope of Project.  The Compensation may be equitably adjusted if the originally 
contemplated Scope as outlined in the Project is significantly modified. 
a. 
Adjustments to Compensation require a written amendment to this Agreement and may 
require City Council approval. 
b. 
Additional services which are outside the Scope of the Project contained in this Agreement 
may not be performed by the Contractor without prior written authorization from the City. 
c. 
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should 
any conflict arise between the provisions of this Agreement and the provisions found in 
the Exhibits and accompanying attachments, the provisions of this Agreement shall take 
priority and govern the conduct of the parties.

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4.3 
Allowances.  An “Allowance” may be identified only for work that is required by the Scope and the 
value of which cannot reasonably be quantified at the time of this Agreement. 
a. 
As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts 
and any unused allowance at the completion of the Project will remain with City. 
b. 
Contractor may not add any mark-up for work identified as an Allowance and which is to 
be performed by a Subcontractor. 
c. 
Contractor will not use any portion of an Allowance without prior written authorization 
from the City. 
d. 
Examples of Allowance items include, but are not limited to, subsurface pothole 
investigations, survey, geotechnical investigations, public participation, radio path studies 
and material testing. 
5. 
Billings and Payment. 
5.1 
Applications. 
a. 
Contractor will submit monthly invoices (each, a "Payment Application") to City's Project 
Manager and City will remit payments based upon the Payment Application as stated 
below. 
b. 
The period covered by each Payment Application will be one calendar month ending on 
the last day of the month. 
5.2 
Payment. 
a. 
After a full and complete Payment Application is received, City will process and remit 
payment within 30 days. 
b. 
Payment may be subject to or conditioned upon City's receipt of: 
(1) 
Completed work generated by Contractor and its Subcontractors; and 
(2) 
Unconditional waivers and releases on final payment from all Subcontractors as 
City may reasonably request to assure the Project will be free of claims arising 
from required performances under this Agreement. 
5.3 
Review and Withholding.  City's Project Manager will timely review and certify Payment 
Applications. 
a. 
If the Payment Application is rejected, the Project Manager will issue a written listing of 
the items not approved for payment. 
b. 
City may withhold an amount sufficient to pay expenses that City reasonably expects to 
incur in correcting the deficiency or deficiencies rejected for payment. 
6. 
Termination. 
6.1 
For Convenience.  City may terminate this Agreement for convenience, without cause, by 
delivering a written termination notice stating the effective termination date, which may not be less 
than 30 days following the date of delivery. 
a. 
Contractor will be equitably compensated for Services furnished prior to receipt of the 
termination notice and for reasonable costs incurred. 
b. 
Contractor will also be similarly compensated for any approved effort expended, and 
approved costs incurred, that are directly associated with Project closeout and delivery of 
the required items to the City. 
6.2 
For Cause.  City may terminate this Agreement for cause if Contractor fails to cure any breach of 
this Agreement within seven days after receipt of written notice specifying the breach.

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a. 
Contractor will not be entitled to further payment until after City has determined its 
damages. If City's damages resulting from the breach, as determined by City, are less than 
the equitable amount due but not paid Contractor for Services furnished, City will pay the 
amount due to Contractor, less City's damages, in accordance with the provisions of Sec. 5. 
b. 
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay 
the difference to City immediately upon demand; however, Contractor will not be subject 
to consequential damages more than $1,000,000 or the amount of this Agreement, 
whichever is greater. 
7. 
Conflict.  Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for 
cancellation of this Agreement in the event any person who is significantly involved in initiating, 
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or 
Contractor of any other party to this Agreement. 
8. 
Insurance. For the duration of the term of this Agreement, Contractor shall procure and maintain 
insurance against claims for injuries to persons or damages to property which may arise from or in 
connection with the performance of all tasks or work necessary to complete the Project as herein defined. 
Such insurance shall cover Contractor, its agent(s), representative(s), employee(s) and any subcontractors. 
8.1 
Minimum Scope and Limit of Insurance.  Coverage must be at least as broad as: 
a. 
Commercial General Liability (CGL):  Insurance Services Office Form CG 00 01, 
including products and completed operations, with limits of no less than $1,000,000 per 
occurrence for bodily injury, personal injury, and property damage. If a general aggregate 
limit applies, either the general aggregate limit shall apply separately to this project/location 
or the general aggregate limit shall be twice the required occurrence limit. 
b. 
Automobile Liability:  Insurance Services Office Form Number CA 0001 covering Code 1 
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property 
damage. 
c. 
Worker’s Compensation:  Insurance as required by the State of Arizona, with Statutory 
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per 
accident for bodily injury or disease. 
8.2. 
Indemnification. 
a. 
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold 
harmless City and its elected officials, officers, employees and agents (each, an 
"Indemnified Party," collectively, the "Indemnified Parties") for, from, and against any and 
all claims, demands, actions, damages, judgments, settlements, personal injury (including 
sickness, disease, death, and bodily harm), property damage (including loss of use), 
infringement, governmental action and all other losses and expenses, including attorneys' 
fees and litigation expenses (each, a "Demand or Expense" collectively "Demands or 
Expenses") asserted by a third-party (i.e. a person or entity other than City or Contractor) 
and that arises out of or results from the breach of this Agreement by the Contractor or 
the Contractor’s negligent actions, errors or omissions (including any Subcontractor or 
Subcontractor or other person or firm employed by Contractor), whether sustained before 
or after completion of the Project. 
b. 
This indemnity and hold harmless provision applies even if a Demand or Expense is in 
part due to the Indemnified Party's negligence or breach of a responsibility under this 
Agreement, but in that event, Contractor will be liable only to the extent the Demand or 
Expense results from the negligence or breach of a responsibility of Contractor or of any 
person or entity for whom Contractor is responsible. 
c. 
Contractor is not required to indemnify any Indemnified Parties for, from, or against any 
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault 
solely attributable to the Indemnified Party.

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8.3 
Other Insurance Provisions.  The insurance policies required by the Section above must contain, 
or be endorsed to contain the following insurance provisions: 
a. 
The City, its officers, officials, employees and volunteers are to be covered as 
additional insureds of the CGL and automobile policies for any liability arising from or 
in connection with the performance of all tasks or work necessary to complete the Project 
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts 
or equipment furnished in connection with any tasks, or work performed by Contractor or 
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed 
on behalf of the Contractor. General liability coverage can be provided in the form of an 
endorsement to the Contractor’s existing insurance policies, provided such endorsement is 
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later 
revisions are used. 
b. 
For any claims related to this Project, the Contractor’s insurance coverage shall be 
primary insurance with respect to the City, its officers, officials, employees, and 
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, 
employees or volunteers shall be in excess of the Contractor’s insurance and shall not 
contribute with it. 
c. 
Each insurance policy required by this Section shall provide that coverage shall not be 
canceled, except after providing notice to the City. 
8.4 
Acceptability of Insurers.  Insurance is to be placed with insurers with a current A.M. Best rating of 
no less than A: VII, unless the Contractor has obtained prior approval from the City stating that a 
non-conforming insurer is acceptable to the City. 
8.5 
Waiver of Subrogation.  Contractor hereby agrees to waive its rights of subrogation which 
any insurer may acquire from Contractor by virtue of the payment of any loss. Contractor agrees 
to obtain any endorsement that may be necessary to effect this waiver of subrogation. The 
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City 
for all work performed by the Contractor, its employees, agent(s) and subcontractor(s). 
8.6 
Verification of Coverage.  Within 15 days of the Effective Date of this Agreement, Contractor shall 
furnish the City with original certificates and amendatory endorsements, or copies of any applicable 
insurance language making the coverage required by this Agreement effective. All certificates and 
endorsements must be received and approved by the City before work commences. Failure to 
obtain, submit or secure the City’s approval of the required insurance policies, certificates or 
endorsements prior to the City’s agreement that work may commence shall not waive the 
Contractor’s obligations to obtain and verify insurance coverage as otherwise provided in this 
Section. The City reserves the right to require complete, certified copies of all required insurance 
policies, including any endorsements or amendments, required by this Agreement at any time 
during the Term stated herein. 
Contractor’s failure to obtain, submit or secure the City’s approval of the required insurance 
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any 
failure by the Contractor to comply with the terms and conditions of the Agreement, including any 
schedule for performance or completion of the Project. 
8.7 
Subcontractors.  Contractor shall require and shall verify that all subcontractors maintain insurance 
meeting all requirements of this Agreement. 
8.8  
Special Risk or Circumstances.  The City reserves the right to modify these insurance requirements, 
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage 
or other circumstances unique to the Contractor, the Project or the insurer. 
9. 
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants 
its compliance and that of its Subcontractors with all federal immigration laws and regulations that relate to

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their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor 
or Subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may 
result in the termination of the Agreement by the City under the terms of this Agreement. The City retains 
the legal right to randomly inspect the papers and records of the other party to ensure that the other party is 
complying with the above-mentioned warranty. The Contractor and Subcontractor warrant to keep their 
respective papers and records open for random inspection during normal business hours by the other party. 
The Contractor and Subcontractor shall cooperate with the City’s random inspections, including granting 
the City entry rights onto their respective properties to perform the random inspections and waiving their 
respective rights to keep such papers and records confidential. 
10.  
No Boycott of Israel.  The Parties agree that they are not currently engaged in and agree that for the 
duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-
393.  Unless and until the District Court’s injunction in Jordahl v Brnovich, 336 F.Supp.3d 1016 (D.Ariz. 2018) 
is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) (if applicable to this agreement) 
is unenforceable and the City will take no action to enforce it.  
11. 
Attestation of PCI Compliance.  When applicable, the Contractor will provide the City annually with a 
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an 
officer of Contractor with oversight responsibility. 
12. 
Notices. 
12.1 
A notice, request or other communication that is required or permitted under this Agreement (each 
a "Notice") will be effective only if: 
a. 
The Notice is in writing; and 
b. 
Delivered in person or by overnight courier service (delivery charges prepaid), certified or 
registered mail (return receipt requested). 
c. 
Notice will be deemed to have been delivered to the person to whom it is addressed as of 
the date of receipt, if: 
(1) 
Received on a business day before 5:00 p.m. at the address for Notices identified 
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier 
service; or 
(2) 
As of the next business day after receipt, if received after 5:00 p.m. 
d. 
The burden of proof of the place and time of delivery is upon the Party giving the Notice. 
e. 
Digitalized signatures and copies of signatures will have the same effect as original 
signatures. 
12.2 
Representatives. 
a. 
Contractor.  Contractor's representative (the "Contractor's Representative") authorized to 
act on Contractor's behalf with respect to the Project, and his or her address for Notice 
delivery is:

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Pegasus Utility Locating Service, Inc. 
c/o Colission Wells, Operations Manager 
PO Box 6728 
Phoenix, AZ 85005-6728 
Tel: 602-278-9168 
Email: cw@pegasusutility.com 
 
b. 
City.  City's representative ("City's Representative") authorized to act on City's behalf, and 
his or her address for Notice delivery is: 
City of Glendale 
c/o  Reuben Lopez, Traffic Signal Supervisor 
City of Glendale 
Glendale, Arizona  85301  
 
With required copy to: 
City Manager 
City Attorney 
City of Glendale 
City of Glendale 
5850 West Glendale Avenue 
5850 West Glendale Avenue 
Glendale, Arizona  85301 
Glendale, Arizona  85301 
c. 
Concurrent Notices. 
(1) 
All notices to City's representative must be given concurrently to City Manager 
and City Attorney. 
(2) 
A notice will not be deemed to have been received by City's representative until 
the time that it has also been received by the City Manager and the City Attorney. 
(3) 
City may appoint one or more designees for the purpose of receiving notice by 
delivery of a written notice to Contractor identifying the designee(s) and their 
respective addresses for notices. 
13. 
Entire Agreement; Survival; Counterparts; Signatures. 
13.1 
Integration.  This Agreement contains, except as stated below, the entire agreement between City 
and Contractor and supersedes all prior conversations and negotiations between the parties 
regarding the Project or this Agreement. 
a. 
Neither Party has made any representations, warranties or agreements as to any matters 
concerning the Agreement's subject matter. 
b. 
Representations, statements, conditions, or warranties not contained in this Agreement will 
not be binding on the parties. 
c. 
The solicitation, any addendums and the response submitted by the Contractor are 
incorporated into this Agreement as if attached hereto.  Inconsistencies between the 
solicitation, any addenda attached to the solicitation, the response or any excerpts, if any, 
and this Agreement, will be resolved by the terms and conditions stated in this Agreement. 
13.2 
Interpretation. 
a. 
The parties fairly negotiated the Agreement's provisions to the extent they believed 
necessary and with the legal representation they deemed appropriate. 
b. 
The parties are of equal bargaining position and this Agreement must be construed equally 
between the parties without consideration of which of the parties may have drafted this 
Agreement. 
c. 
The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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13.3 
Survival.  Except as specifically provided otherwise in this Agreement, each warranty, 
representation, indemnification and hold harmless provision, insurance requirement, and every 
other right, remedy and responsibility of a Party, will survive completion of the Project, or the 
earlier termination of this Agreement. 
13.4 
Amendment.  No amendment to this Agreement will be binding unless in writing and executed by 
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement. 
Any amendment may be subject to City Council approval. 
13.5 
Remedies.  All rights and remedies provided in this Agreement are cumulative and the exercise of 
any one or more right or remedy will not affect any other rights or remedies under this Agreement 
or applicable law. 
13.6 
Severability.  If any provision of this Agreement is voided or found unenforceable, that 
determination will not affect the validity of the other provisions, and the voided or unenforceable 
provision will be reformed to conform with applicable law. 
13.7 
Counterparts.  This Agreement may be executed in counterparts, and all counterparts will together 
comprise one instrument. 
14. 
Term.   
14.1 
The term of this Agreement commences upon the effective date and continues for a one (1) year 
period. The City may, at its option and with the approval of the Contractor, extend the term of this 
Agreement an additional three (3) years, renewable on an annual basis.  Contractor will be notified 
in writing by the City of its intent to extend the Agreement period at least thirty (30) calendar days 
prior to the expiration of the original or any renewal Agreement period.  Price adjustments will only 
be reviewed during the Agreement renewal period and any such price adjustment will be a 
determining factor for any renewal.  There are no automatic renewals of this Agreement.  
 14.2 
Extension for Procurement Processes.  Upon the expiration of the Term of this Agreement, 
including the initial term and any renewals, at the City’s sole discretion, this Agreement may be 
extended on a month-to-month basis for a maximum of six (6) months to allow for the City to 
complete its procurement process to select a vendor to provide the services/materials similar to 
those provided under this Agreement.  The City will notify the Contractor in writing of its intent to 
extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term.  Any 
extension provided under this subsection will continue under the same terms and conditions as in 
effect immediately prior to the expiration of the then-current term.  
15. 
Dispute Resolution.  Any controversy or claim arising out of or relating to this contract, or the breach 
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s 
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any 
court having jurisdiction thereof. 
16. 
Exhibits.  The following exhibits, with reference to the term in which they are first referenced, are 
incorporated by this reference. 
Exhibit A 
Scope of Work 
Exhibit B 
Compensation 
 
 
 
 
[SIGNATURES ON FOLLOWING PAGE.]

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The parties enter into this Agreement effective as of the date shown above. 
City of Glendale, 
an Arizona municipal corporation 
_____________________________________ 
By:  Kevin R. Phelps 
Its:  City Manager 
ATTEST: 
 
 
 
 
 
 
Julie K. Bower 
City Clerk 
 
 
(SEAL) 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
Michael D. Bailey 
City Attorney 
 
 
Pegasus Utility Locating Service, Inc., 
an Arizona corporation 
_____________________________________ 
By:  Colission Wells 
Its:  Operations Manager 
 
 
_______________________
 Colission Wells

EXHIBIT A 
Services Agreement 
SCOPE OF WORK 
 
Pegasus Utility Locating Service, Inc.  shall provide a turnkey inspection and monitoring services as specified in 
RFP 21-42. These services primarily consist of, but not limited, to the following tasks: 
 
A.  Electrical, streetlighting and fiber optic line locating services. 
B.    Visual inspection of traffic signals, streetlights and fiber optic networks. 
C.  Complete AZ811 requests as required within the time required by AZ811. 
D.  Access AZ811 on behalf of the City to view, clear, manage, respond to, and close requests daily.  
Coordinate onsite visits with requestors and City staff as needed. 
E.  Communicate with City requestors on a routine and emergency basis as needed. 
F.  Geo-locate Glendale traffic signal, ITS and streetlighting facilities as needed. 
G.  Provide monthly reports and invoicing of completed tasks and/or requests/assignments. 
 
 
 
MINIMUM REQUIREMENTS 
 
A.  The Contractor shall provide all necessary equipment, tools, vehicles, materials, and personnel to meet the  
requirements of this contract. 
 
B.  The Contractor’s materials, techniques and processes used for this contract shall comply with the 
National Electrical Code, the National Electric Safety Code, as well any applicable Federal, State, local 
laws, regulations, permits, standards and ordinances. 
 
C.  Contractor shall maintain in current status all Federal, State, County and local licenses and permits 
required to operate the Contractor’s business. 
 
D.  Contractor’s technicians must be fully trained and have a minimum of six months experience in locating 
underground electrical and fiber optic systems.  
 
E.  The Contractor shall perform line locating services during the City’s regular workdays which is Monday 
through Friday between the hours of 8:00 AM through 5:00 PM, excluding holidays. 
 
F.  Contractor shall review the City’s underground facility maps and determine any conflicts between 
proposed excavation and City’s utilities, and where conflict exists, locate and mark such facilities 
appropriately. 
 
G.  Contractor must provide daily system inspection which includes, but is not limited to, verifying locates 
that have been requested and completed; report missing or damaged buried cable markers; looking for 
degrading site conditions such as erosion, flood or rodent damage or destroyed or altered sites that could 
potentially impact electrical and fiber optic lines. 
 
H.  Contractor shall have a 24-hour contact telephone for emergency services. 
 
I.  The City reserves the right to add or delete maintenance on a specific location as business needs dictate. 
 
J.  Contractor shall not schedule any overtime services without express authorization from the City’s 
Contract Administrator or designee. 
 
K.  Contractor shall provide all equipment necessary (such as traffic control devices, PPE, etc.) to protect the 
well-being of its employees, City staff and the general public when performing this contract.

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L.  Contractor shall keep all existing public streets open at all times unless permission to close these streets, 
or portions thereof, in accordance with the City’s barricade ordinance. 
 
M.     Any accident resulting in damage to property or causing personal injury within the limits of the work site 
shall be immediately reported to the appropriate police department or other required agencies and the 
City. 
 
N.   Contractor should prepare a written summary report covering their scheduled activities that includes the 
date of locates, location data, number of locates, etc. and submit this report to the Transportation 
Department on a monthly basis. 
 
O.    Damage to City Property. When damages to City property occurs as a result of Contractor’s negligence, 
the City will arrange for repairs to be made and the costs for making repairs to the areas will be deducted 
from final payments to the Contractor. 
 
P.  Over the term of this contract, the Contractor must collect Global Positioning System (GPS) coordinate 
data associated with the physical location of the electrical and fiber optic network when requested by the 
City.  This data will cover street lighting, fiber optic infrastructure, traffic signal infrastructure.  This data 
must be submitted to the City in a format that is acceptable to receipt by the City’s GIS section and 
AZ811.  Currently, that format is specified by AZ811 to be a shape file.  Collecting AZ811 mapping data 
is to be coordinated as part of the field marking of AZ811 tickets.

EXHIBIT B 
Services Agreement 
COMPENSATION 
NOT-TO-EXCEED AMOUNT 
The total amount of compensation paid to Contractor for full completion of all work required by the Project during 
the entire term of the Project must not exceed $705,600.  
DETAILED PROJECT COMPENSATION 
See Contractor’s response to RFP 21-42 (ATTACHMENT 1).

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ATTACHMENT 1 
 
Contractor’s Unit Price shall include, but not limited to, all equipment, materials, shipping and delivery, labor, 
tools, supplies, licenses, fees, insurance, warranty, fuel surcharges, profit and any other associated direct or indirect 
costs (excluding Sales Tax).   
 
Contractor shall charge sales tax as a separate item in their invoices. 
 
ELECTRICAL AND FIBER OPTIC LINE LOCATING SERVICES 
Item# 
 
Description 
Unit of 
Measure 
Estimated 
Annual 
Quantity   
(A) 
 
Unit 
Price  
(B) 
 
Extended 
Price        
(A x B) 
1 
 
Unit 
12,000 
$14.00 
$168,000 
Grand Total  
$168,000 
 
 
 
Daily routine inspection and locating 
services including geolocating streetlighting, 
traffic signals and fiber optic infrastructure as 
per Scope of Services based on up to 
and potentially exceeding 12,000 Utility 
Field locates, for one (1) year.