Sample State/Consultant Agreement

Agreement For Subsurface Utility Designating Service And Subsurface Utility Locating Service

1.00 - Statement Of Contracting Parties

THIS AGREEMENT ENTERED INTO THIS _____ day of __________ 20_____, by and between <STATE DOT> , hereafter referred to as "THE DEPARTMENT," acting through its duly authorized commissioners, party of the first part, and <ENGINEER> hereafter referred to as "THE CONSULTANT," party of the second part.

WITNESSETH: That THE CONSULTANT does hereby agree with THE DEPARTMENT for the considerations named herein to perform the services stipulated in THIS AGREEMENT in connection with the work as hereinafter defined and described here for the referenced project.

2.00 - Description And Limits Of Project

Provide all negotiated subsurface utility designating and locating (test hole) services as shall be necessary for the design of complete right-of-way and construction plans on projects selected by THE DEPARTMENT.

The term "designate" in THIS AGREEMENT means to indicate the presence and approximate horizontal location of underground utilities utilizing the application and interpretation of surface geophysical techniques, which include, but are not limited to, electromagnetic, magnetic, and elastic wave methods.

The term "locate" in THIS AGREEMENT means to characterize a utilities' spatial position, composition, condition, size, and other data that may be reasonably obtainable about the utility and its surrounding environment through its exposure by non-destructive excavation techniques, such as air/vacuum extraction.

3.00 - Scope Of Work

It is the intent of THIS AGREEMENT that THE CONSULTANT employ qualified, competent, and experienced personnel to provide the engineering services set forth herein and that such services be equal to the practice prevalent by consultants practicing within the subject area of work and commensurate with the magnitude and intricacy of the work under consideration. The scope of work is as follows:

Scope Of Services

Definitions

DESIGNATING: The process of using a surface geophysical method(s) to interpret the presence of a subsurface utility, and to mark its approximate horizontal position (its designation ) on the ground surface (Note: Utility owners and contractors call this process "Locating").

LOCATING: The process of exposing and recording the precise vertical and horizontal location of a utility.

DATA MANAGEMENT: CADD and database management technologies and comprehensive quality assurance programs that are applied under the direct supervision of registered professionals that assure the quality, value, and usefulness of the collected data.

SURVEYING: Utility locations (QL A) and designating marks (QL B) will be surveyed to the following accuracy:

QUALITY LEVEL	A	B
HORIZONTAL *	0.2'	0.4'
VERTICAL	0.05'	N/A

* Horizontal accuracy shall be to applicable survey and mapping standards. The listed values are typical of this accuracy.

Therefore, unless otherwise noted in this scope, this is the accuracy of the surveying for utility information.

QUALITY LEVEL D (QL D): Information derived from existing records or oral recollections.

QUALITY LEVEL C (QL C): Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL D information.

QUALITY LEVEL B (QL B): Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. QL B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. The designated marks will be surveyed to the accuracy described above.

QUALITY LEVEL A (QL A): Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location as well as other utility attributes are shown on plan documents. Accuracy is typically set at 15mm vertical, and to applicable horizontal survey and mapping accuracy as defined or expected by the project owner. Accuracy is to the horizontal and vertical accuracy described above.

ACCURACY OF QL B SUBSURFACE DATA: The accuracy of subsurface data (thus the position of the designating marks (i.e. paint)) can be influenced by factors beyond Consultant's control, such as conductivity of materials and their surroundings, moisture, proximity of other underground utilities or structures, depth, etc.However, Consultant does carry professional liability insurance to cover negligent errors or omissions of its work product to the standard of care prevalent in the subsurface utility engineering profession, including application and interpretation of surface geophysical methods, survey and mapping. Markings placed on the ground by Consultant. are not to be used for excavation purposes. The use of information provided by Consultant does not relieve any contractor from the duty to comply with applicable utility damage prevention laws and regulations, including but not limited to, giving notifications to utility owners or "one-call" centers, if any, before excavation.

In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of Consultant.

A. Subsurface Utility Mapping Services During Design

In performing utility mapping services hereunder, Consultant shall:

Provide all equipment, personnel and supplies required to perform mapping services. Determine which equipment, personnel and supplies are required to perform mapping services.
Conduct appropriate records research, investigate site conditions and identify applicable project limits, with assistance from the Department as necessary.
Obtain necessary permits from city, county or other municipal jurisdictions to allow Consultant to work in the existing streets, roads and rights-of-way.
Select appropriate "Quality Level" investigation in consultation with the Department.
Obtain data in accordance with the prevailing standard of care for the subsurface utility engineering profession.
Translate utility data to the appropriate CADD format for direct incorporation of Consultant's information into the Department's or design engineer's CADD file. Utility information shall be clearly delineated as to its "Quality Level" via line codes/symbols and labeling.
Final review and seal appropriate deliverables by a registered professional in responsible charge.
Return and review utility data (and project diskette) to the Department or their representative.

For "Quality Level D" data, Consultant shall:

Prepare appropriate field sketches of utility appurtenances, utility poles, and other utility information that can be observed from the surface, when a field visit is part of the scope.
Sketch observed information (if field visit conducted) plus utility horizontal locations as supplied by and interpreted from utility owners' records onto base plans/into CADD file provided by the Department.
Review depicted information for accuracy, completeness, and reliability.

For "Quality Level C" data, Consultant shall:

Survey utility appurtenances, utility poles, and other utility information that can be observed from the surface.
Correlate utility owner records to the surveyed data. Plot utility horizontal locations as supplied by and interpreted from utility owners' records onto base plans/into CADD file provided by the Department.
Review depicted information for accuracy, completeness, and reliability.

For "Quality Level B" data, Consultant shall:

Designate existing utilities that are within project limits utilizing appropriate surface geophysical methods such as radio-frequency electromagnetic, magnetic, and/or acoustic emission and terrain conductivity techniques. Gravity flow systems will be depicted at "Quality Level C or D" when prudent. Typically, utilities designated do not include underground storage tanks, residential services, or irrigation/sprinkler systems.
Other surface geophysical methods, such as thermals, geophysical diffraction tomography, and ground penetrating radar may be used, as appropriate, to discriminate between and detect specific underground facilities, when recommended by Consultant and authorized by the Department.
Prepare appropriate field sketches of marked utilities and survey designating marks, which shall be referenced to project control provided by the Department. Plot survey information.
Compare survey information plotted on base plans/CADD file with information provided from field sketches and evaluate all plotted information in the field for accuracy and reliability.
Final plot all information to account for any corrections noted from the previous step and review plan sheets against a) records, b) field sketches, c) CADD drafting and d) field notes. Depict non-designatable utilities of record at their appropriate "Quality Level."

For "Quality Level A" data, Consultant shall:

Review plans, electronically sweep proposed crossings, and perform necessary surveying procedures to "set-up" test holes.
Excavate test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, Consultant shall comply with applicable utility damage prevention laws and coordinate with utility inspectors, as required. Excavations will be performed using air/vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, Consultant will notify the Department.
Investigate, evaluate, measure and record a) horizontal and vertical location of top and/or bottom of utility referenced to project datum, b) elevation of existing grade over utility at test hole referenced to project datum, c) outside diameter of utility and configuration of non-encased, multi-conduit systems, d) utility structure material composition, when reasonably ascertainable, e) benchmarks and/or project control used to determine elevations, f) paving thickness and type, where applicable, g) general soil type and site conditions, and h) such other pertinent information as is reasonably ascertainable from each test hole site. References to project datum shall maintain vertical tolerances to .05' (15mm) based on benchmarks shown on Consultant's deliverables and horizontal tolerances to applicable surveying standards.
Furnish and install permanent markers directly above the centerline of utility structure; and for each excavated test hole, record the elevation of the above- ground marker.
Backfill around the exposed facility using screened or sifted select material. Excavations will then be backfilled and compacted in lifts. Compaction will comply with permit requirements and patching depths will equal or exceed one and one half times the paving thickness.
Provide permanent restoration of pavement within limits of original cut. When test holes are excavated in areas other than roadway pavement, disturbed areas will be restored, as nearly as reasonably possible, to the condition that existed prior to excavation.
Evaluate and compare field data (QL "C", "B", "A") with utility records information (QL "D") and resolve conflicts and discrepancies.
Plot horizontal location and, if applicable, profile view of utility on CADD file/project plans, profiles, and/or cross sections provided by the Department.
If requested, provide a CADD compatible design file containing critical information on each test hole.
Provide invert data and interpolations of gravity systems as desired.

4.00 - Commencement Of Work And Time Of Completion

4.01 - Commencement Of Work

Services to be performed by THE CONSULTANT under THIS AGREEMENT will be for _____ years, beginning on _______________,20_____, and ending on _______________, 20_____.

4.02 - Notice To Proceed

Written notice to proceed on each project will be given by THE DEPARTMENT before any work may be done on any element of THIS AGREEMENT. THE DEPARTMENT will not pay for any work done before such notice is given.

4.03 - Time To Complete Work

All designating service will be completed and delivered to THE DEPARTMENT within 60 calendar days after the notice to proceed on each project is given. All locating service will be completed and delivered to THE DEPARTMENT within 45 calendar days after the notice to proceed on each project is given.

Any work underway at the expiration of THIS AGREEMENT will be completed by THE CONSULTANT under the terms of THIS AGREEMENT.

5.00 - Ownership Of Documents, Rights

5.01 - Documents

It is understood and agreed to by the parties that all reports, drawings, studies, specifications, memoranda, estimates, computations, etc., secured by and for THE CONSULTANT in the prosecution of THIS AGREEMENT will become the property of THE DEPARTMENT upon termination or completion of the work. THE DEPARTMENT will have the right to use these documents for any public purpose without compensating THE CONSULTANT, other than as hereinafter provided. If THE DEPARTMENT does not use the documents for the purpose for which THIS AGREEMENT has been executed, THE DEPARTMENT recognizes that such use will be at THE DEPARTMENT'S own risk.

5.02 - Rights

5.02.1 - Rights In Data

The term "subject data" as used here means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under THIS AGREEMENT. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.

All subject data first produced in the performance of THIS AGREEMENT will be the sole property of THE DEPARTMENT. THE CONSULTANT will not assert any rights at common law or equity or establish any claim to statutory copyright in such data. Except for its own internal use, THE CONSULTANT will not publish or reproduce such data, in whole or in part, or in any manner or form, or authorize others to do so without the written consent of THE DEPARTMENT or until THE DEPARTMENT has released such data to the public.

5.03 - Publicity

All releases to newspapers, magazines, television, and radio will be approved by and released through THE DEPARTMENT.

6.00 - Errors

6.01 - Liability Of Consultant, Indemnification, Standard Of Performance, And Effect Of Acceptance

THE CONSULTANT will be responsible for all damage and expense to person or property caused by its negligent activities and those of its subcontractors, agents, or employees, in connection with the work and services required under THIS AGREEMENT. Further, it is expressly understood that THE CONSULTANT will indemnify, defend, and hold harmless THE DEPARTMENT, its officers, agents, and employees from and against any damages, claims, suits, judgments, expenses, actions, and costs of every name and description to the proportionate extent caused by any negligent act or omission in the performance by THE CONSULTANT or its subcontractor, agents, or employees of the work and services under THIS AGREEMENT.

The CONSULTANT will be liable for all damages, costs, and additional expenses incurred by the DEPARTMENT that are caused by the negligent failure of the CONSULTANT to perform the work and services to the same degree, standard of care and skill normally expected of and provided by a consultant in the performance of the same or similar work and services to be provided herein. To the maximum extent permitted by law, CONSULTANT's liability for OWNER's damages will not, in the aggregate, exceed $1,000,000. This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether CONSULTANT's liability arises under breach of contract or warranty; tort; including negligence; strict liability; statutory liability; or any other cause of action, and shall include CONSULTANT's officers, affiliated corporations, employees, and subcontractors.

To the maximum extent permitted by law, CONSULTANT and CONSULTANT's affiliated corporations, officers, employees, and subcontractors shall not be liable for OWNER's special, indirect, or consequential damages, whether such damages arise out of breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action. In order to protect CONSULTANT against indirect liability or third-party proceedings, OWNER will indemnify CONSULTANT for any such damages.

Acceptance of the work and services by THE DEPARTMENT will not waive any of the rights of THE DEPARTMENT contained in this section nor release or absolve THE CONSULTANT from any liability, responsibility, or duty contained herein.

7.00 - Basis Of Payment

7.01 - Fees

For services performed in accordance with THIS AGREEMENT, THE DEPARTMENT will pay to THE CONSULTANT a fee or fees based on the schedule as indicated in Appendix A, which is attached hereto and incorporated herein.

The fees listed in Appendix A will include compensation for all consulting services specified in THIS AGREEMENT or as may be required for the completion of the work contained herein.

If THIS AGREEMENT is terminated under section 10.01 hereof, payment of the fees as shown in Appendix A will be made according to the percentage of work completed at the effective date of termination.

7.02 - Payment

Payment will be made within 30 calendar days after THE CONSULTANT has provided the services and submitted proper billing and THE DEPARTMENT has accepted the services. Monthly partial payments on extended projects will be made after THE DEPARTMENT receives proper billing.

7.03 - Total Compensation

The maximum total compensation payable under THIS AGREEMENT is $_____.

7.04 - Delays

If the work provided for under THIS AGREEMENT is delayed due to factors or conditions beyond the control of THE CONSULTANT and through no fault or negligence on its part, THE CONSULTANT may request, in writing, an extension of time, an adjustment in compensation, or both. This request must be accompanied by substantiating data. If, in the opinion of the State transportation commissioner or his/her duly authorized representative, a delay is justified, THE CONSULTANT may be granted an extension of time, an adjustment in compensation, or both. The Commissioner's decision is final.

7.05 - Changes In Work

THE DEPARTMENT may at any time by written notice, make changes in THIS AGREEMENT that increase or decrease the work and services hereunder. If such changes cause an increase or decrease in the cost of, or time required for, performance, an equitable adjustment may be made and THIS AGREEMENT may be changed in writing by a supplemental agreement between THE DEPARTMENT and THE CONSULTANT. The supplemental agreement will set forth the proposed changes in work, extension of time for completion, and adjustment of the compensation to be paid THE CONSULTANT, if any. If the parties fail to agree on the adjustment, the dispute will be determined as provided in section 7.06 of THIS AGREEMENT; but nothing in this section will excuse THE CONSULTANT from promptly and diligently proceeding with the work and services so changed.

7.06 - Claims For Time Extension And Additional Compensation

7.06.1 - Notification Of Intent To File A Claim

If THE CONSULTANT believes that additional compensation, time, or both is due it for work and services not clearly covered by THIS AGREEMENT, it will promptly notify THE DEPARTMENT in writing of its intention to make a claim for such additional compensation, time, or both. THE CONSULTANT will give this notice before it begins the work on which the claim is based. If notification is not given, no claim for extra compensation will be considered. Such notice by THE CONSULTANT will not be construed as proving the validity of the claim. The claim must be approved by THE DEPARTMENT. If the claim is found to be just, it will be allowed and paid for as "extra work" in accordance with the terms of a supplemental agreement.

Any claim in connection with the work not disposed of by mutual agreement must be transmitted in writing to the State transportation commissioner no later than 60 days after final payment. Within 60 calendar days of receiving the claim, the commissioner will rule on it. That ruling will be final, subject to judicial review. Exhausting the administrative procedure outlined above is a prerequisite of, and not a substitute for, the right of judicial review of the dispute. Any civil action by THE CONSULTANT will be subject to the provisions of section __________ of the Code of _______________ (State).

8.00 - General

8.01 - Records

8.01.1 - Maintenance Of Records

THE CONSULTANT will maintain all books, documents, papers, accounting records, and other evidence supporting the cost incurred and will make such materials available at its offices at all reasonable times during THE AGREEMENT period and for 3 years from the date of final payment under THE AGREEMENT for inspection by THE DEPARTMENT or any authorized representative of the Federal Government. Copies will be furnished if requested, but all costs associated with them will be separately reimbursable to THE CONSULTANT outside the provisions for payment for professional services.

8.01.2 - Audit And Inspection Of Records

THE CONSULTANT will permit an authorized representative of THE DEPARTMENT, the U.S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data and records of THE CONSULTANT relating to its performance under THIS AGREEMENT.

8.02 - Compliance With Title VI Of The Civil Rights Act Of 1964

THE CONSULTANT, its agents, employees, assigns, or successors, and any person, firm, or agent of whatever nature with whom it may contract or make an agreement, will comply with the provisions of Title VI of the Civil Rights Act of 1964, which are hereby made a part of THIS AGREEMENT by reference.

8.03 - Covenant Against Contingency Fees

THE CONSULTANT will warrant that it has not employed or retained any company or person to solicit or secure THIS AGREEMENT and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for THE CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent on or resulting from the award or making of THIS AGREEMENT.

For a breach of this warranty, THE DEPARTMENT will have the right to void THIS AGREEMENT without liability or, at its discretion, to deduct from THE AGREEMENT price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee.

8.04 - Conflict Of Interest

8.04.1 - Employment Of Department Personnel

THE CONSULTANT will not engage the services of any person or persons in the employment of THE DEPARTMENT on any work covered by THIS AGREEMENT without the written permission of THE DEPARTMENT.

8.04.2 - Interest Of Members Of Or Delegates To Congress

No member of or delegate to the Congress of the United States will be admitted to any share or part of THIS AGREEMENT or to any benefit arising from it.

8.04.3 - Prohibited Interest

No member, officer, or employee of THE DEPARTMENT during his or her tenure of one year thereafter may have any interest, direct or indirect, in THIS AGREEMENT, or the proceeds from it.

8.05 - Subcontracting

THE CONSULTANT will not sublet or assign all or any part of the work under THIS AGREEMENT, without the prior written approval of THE DEPARTMENT. Consent to subcontract, assign, or otherwise dispose of any portion of THIS AGREEMENT will not be construed to relieve THE CONSULTANT of any responsibility for the fulfillment of THIS AGREEMENT.

Subcontracts will include all provisions of THIS AGREEMENT and THE CONSULTANT will be responsible for seeing that these provisions are complied with. No subcontracting by a subconsultant is allowed.

8.06 - Compliance With Laws And Regulations

THE CONSULTANT will at all times observe and comply with all Federal, State, and local laws, regulations, ordinances, orders, and decrees applicable to the work. THE CONSULTANT will indemnify, defend, and hold harmless THE DEPARTMENT and all its officers, agents, and employees against any claims of liability arising from or based on the violation of any such law, regulation, ordinance, order, and decree, whether by persons constituting THE CONSULTANT, the employees of THE CONSULTANT, or any independent contractor engaged by THE CONSULTANT or associated with THE CONSULTANT in the performance of the work performed under THIS AGREEMENT, including the non-discriminatory provisions as set forth in it.

8.07 - Occupational Safety And Health Standards

It is a condition of THE AGREEMENT and any subcontract entered into pursuant to THE AGREEMENT that THE CONSULTANT will not require any individual employed in the performance of THE AGREEMENT to work in, surrounding, or under conditions which are unsanitary, hazardous, or dangerous to health or safety as determined under the Occupational Safety and Health Standards promulgated by the United States Secretary of Labor.

In addition, THE CONSULTANT'S attention is specifically directed to the Occupational Safety and Health Standards adopted under section __________ of the Code of _______________ (State) and to the duties imposed under section __________ of the Code of _______________ (State). THE CONSULTANT will abide by the aforementioned duties. Any violation of the aforementioned requirements or duties that is brought to the attention of THE CONSULTANT will be immediately abated.

8.08 - Consultant Relationships To Contractors

THE CONSULTANT will serve only in a consulting and professional capacity and is not by THIS AGREEMENT authorized to be, nor will it represent itself to be, the agent or servant of THE DEPARTMENT. The function, duties, and responsibilities of THE CONSULTANT with respect to any contractor employed by THE DEPARTMENT in connection with the project will be consistent with the preceding sentence, and in no case will THE CONSULTANT assume any obligations of THE DEPARTMENT to any contractor.

8.09 - Staffing By Consultant

The control and supervision of all phases of the work performed for THIS AGREEMENT by THE CONSULTANT will be under the direction of an appropriately registered professional employed by THE CONSULTANT who has had not less than 3 years experience in the type of work described here. The appropriately registered professional may not be assigned to the project until all work has been completed or until THE DEPARTMENT agrees in writing that the appropriately registered professional may be replaced or removed. The appropriately registered professional will hereafter be called the project manager.

A staff of competent subsurface utility specialists and technicians adequate in number and experience to perform the described work in the prescribed time will be assigned to the work at all times. All survey work will be performed by or under the supervision of a licensed land surveyor or professional engineer.

Fifteen days after the execution of THIS AGREEMENT, THE CONSULTANT will submit to THE DEPARTMENT the names, titles, and experience record of the supervisory personnel assigned to the work under THIS AGREEMENT.

8.12 - Testimony

8.12.1 - Expert Technical Witness

If THE CONSULTANT'S testimony is required in any legal proceeding in connection with claims brought against or prosecuted by THE DEPARTMENT, THE CONSULTANT will appear as a witness on behalf of THE DEPARTMENT.

8.13 - Fair Employment Contracting Act

THE CONSULTANT, its agents, employees, assigns, or successors, and any person, firm, or agency of whatever nature with whom it may contract or make an agreement, will comply with the provisions of the Fair Employment Contracting Act, section __________ of the Code of _______________ (State), which is made a part of THIS AGREEMENT by reference.

8.14 - Equal Employment Opportunity

In connection with the execution of THIS AGREEMENT, THE CONSULTANT will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, or handicap. THE CONSULTANT, its agents, employees, assigns, or successors, and any person, firm, or agent of whatever nature with whom it may contract or make an agreement, will comply with the provisions of the President's Executive Order 11246 entitled "Equal Employment Opportunity," and all amendments to it. Executive Order 11246 as amended is made a part of THIS AGREEMENT by reference.

8.15 - Disadvantaged Business Enterprise

THE CONSULTANT, its agents, employees, assigns, or successors, and any person, firm, or agency of whatever nature with whom it may contract or make an agreement, will comply with the provisions of 49 CFR 23.43, as amended, which is made part of THIS AGREEMENT by reference.

8.16 - Persons With Disabilities

THE CONSULTANT, its agents, employees, assigns, or successors, and any person, firm, or agency, of whatever nature with whom it may contract or make an agreement, will comply with the provisions of the Persons with Disabilities Act, section __________ of the Code of _______________ (State), which is made a part of this agreement by reference.

9.00 - Indemnification

THE CONSULTANT will furnish THE DEPARTMENT with a certificate of general liability insurance in an amount of $1,000,000 per occurrence and $2,000,000 in the aggregate to THE DEPARTMENT before beginning any work on the project. In the event of a non-renewal or cancellation of such insurance, 30 calendar days' written notice must be given to THE DEPARTMENT before the non-renewal or cancellation.

9.01 - Professional Liability Insurance

THE CONSULTANT will provide THE DEPARTMENT with a certificate evidence of professional liability insurance in an amount $1,000,000 to THE DEPARTMENT and will maintain this amount throughout the life of THE AGREEMENT.

10.00 - Termination

10.01 - Termination Without Cause

THE DEPARTMENT may terminate THIS AGREEMENT without cause in whole or in part at any time by giving THE CONSULTANT 15 day's written notice. At the end of that notice period, THE CONSULTANT must will have discontinued all work and services and will have delivered to THE DEPARTMENT all records, drawings, field notes, plans, and other completed or partially completed data. These documents will become and remain the property of THE DEPARTMENT.

THE DEPARTMENT may terminate THIS AGREEMENT without the 15 days advance notice if THE CONSULTANT avails itself of the Federal or State bankruptcy laws or merges with or spins off from an entity. THE DEPARTMENT'S decision is not subject to review.

10.02 - Termination With Cause

THE DEPARTMENT may terminate THIS AGREEMENT without advance written notice due to the failure of THE CONSULTANT to perform the work and services or fulfill its obligation(s) under THIS AGREEMENT. THE DEPARTMENT may take over and complete the work and services by further AGREEMENT or otherwise, and THE CONSULTANT will be liable to THE DEPARTMENT for any excess cost incurred by THE DEPARTMENT thereby.

11.00 - Signatures

THIS AGREEMENT, being intended to secure the personal services of the individuals constituting the firm that is a party to THIS AGREEMENT and referred to collectively as "THE CONSULTANT," will not be assigned, sublet, or transferred without the written consent of THE DEPARTMENT. THIS AGREEMENT will inure to the benefit of, and will be binding on the personal representatives and legal successors of the respective parties to it.

Nothing contained in THIS AGREEMENT is intended to be construed to inure to the benefit of any person other than the parties to it and their legal successors.

By the execution of THIS AGREEMENT, THE CONSULTANT certifies that it has fully complied with all requirements authorizing it to do business in _______________ (State).

IN WITNESS WHEREOF, the parties to THIS AGREEMENT have set their hands as of the day and year first written above.

WITNESS:

THE DEPARTMENT

WITNESS:

THE CONSULTANT

CERTIFICATION OF CONSULTANT

I hereby certify that I am the _______________ and authorized representative of the firm of _______________, whose address is __________________________________________________ and that neither I nor the firm I represent has --

(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract,

(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or

(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as expressly stated here (if any). I acknowledge that this certificate is to be furnished to the _______________ Department of Transportation, in connection with this contract involving the participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

(Date and Signature)

CERTIFICATION OF THE DEPARTMENT OF TRANSPORTATION
_________________________ (Consultant)

I certify that I am the Commissioner of the _______________ Department of Transportation of the State of _______________, and that the consulting firm listed above or its representative has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this contract to:

(a) employ or retain, or agree to employ or retain, any firm or person or

(b) pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind; except as expressly stated here (if any).

I acknowledge that this certificate is to be furnished to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving the participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

(Date and Signature)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS

(1) The prospective primary participant certifies to the best of its knowledge that it and its principals --

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not, within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or the commission of embezzlement, theft, forgery, bribery, falsification, the destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted, or otherwise criminally or civilly charged, by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) If the prospective primary participant is unable to certify to any of the statements in this certification, the participant must attach an explanation to this proposal.

The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the offeror for contracts to be let by the _________________________.

Signed at _______________, this _____ day of __________ 20_____.

(Name of Firm)

By:

(Title)

Appendix A: Subsurface Utility Designating And Locating Prices

AGREEMENT NO. _______________ DATE _________________________

RECORD RESEARCH AND RETRIEVAL:

$_____ Records Research (Lump Sum)

MOBILIZATION:

$_____ Mobilization for Designating Service (Lump Sum)

$_____ Mobilization for Locating Service (Lump Sum)

DESIGNATING:

$_____ Designating ($/Linear Foot of Utility designated and depicted. QL C and QL D data included in QLB unit price.)

LOCATING:

$_____ Base Price, 0 -- 6' ($/Hole)

$_____ Extra Depth In Addition to Base Price, 6'1" and Over ($/Hole)

The above pricing is inclusive of all Survey, CADD, Professional Review, and Administrative time.

Alternative Pricing (Negotiated Hourly Rates)

Project Principal

Project Manager

Project Engineer

Utility Engineer

Project Surveyor

Field SUE Specialist

Field SUE Technician

CADD Technician

Records Research Specialist

Administrative

Return to SUE Sample Documents

Design