HomeMy WebLinkAbout23 - Professional Services Agreements - Summit Utility Services LLC - Underground Utility Locating Service DocuSign Envelope ID:AD1D2C3E-3671-4708-8785-48DA2930E73A
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 21 st day of March, 2023 ("Effective
Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as "City," and, Summit Utility Services LLC, with a mailing address of PO
Box 10, Arlee, MT 59821, hereinafter referred to as "Contractor." The City and Contractor may be
referred to individually as "Party" and collectively as "Parties."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the attached proposal.
2. Term/Effective Date: This Agreement is effective April 9th 2023 and will expire on
April 9th 2026 unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements in the attached proposal. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the attached proposal.
Any alteration or deviation from the described services that involves additional costs above the
Agreement amount will be performed by Contractor after written request by the City and will become
an additional charge over and above the amount listed in the attached proposal. The City must agree
in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost,progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party,whether rights of copyright,trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers' compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana,Title 39, Chapter 71,MCA. Contractor shall maintain workers' compensation coverage for
all members and employees of Contractor's business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor's agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate,abridge,or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor's applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s)thereof.
In the event of an action filed against the City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except "responsibility for [City's]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above,Contractor shall at Contractor's expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer's Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty(30)day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor's receipt of
notice that any required insurance coverage will be terminated or Contractor's decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor's right to proceed with all or any part of the work ("Termination Notice Due
to Contractor's Fault"). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
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C. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Nick Pericich or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City's
Representative and approvals or authorizations shall be issued only by such Representative;
provided,however,that in exigent circumstances when City's Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Contractor's Representative: The Contractor's Representative for the
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purpose of this Agreement shall be Troy Holzworth or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
C. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered,if delivered by courier to Party's address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party's Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances,rules,and regulations, obtain all necessary permits,licenses,including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Reiulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
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be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104,MCA(the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants;DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants,including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S.Department of Transportation
(DOT)regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder,without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
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Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party's right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney's Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney's Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties,the parties may invite an independent,disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,the
balance thereof shall continue in effect.
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25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Inteiration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may,upon mutual agreement,be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than five years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
above written or as recorded in an electronic signature.
CITY OF BOZEMAN,MONTANA Summit Utility Services LLC
DocuSigned by:
pOT
DocuSigned by: DocuSigned by:
5
y y CT
Jeff Mihelich, City Manager
Print Name: Troy Holzworth
Print Title: President
APPROVED AS TO FORM:
B FDocuSigned by:
SAM,
Greg Vu'Wivan;'Bozeman City Attorney
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Summit
UTILITY SERVICES, LLC.
Proposal for Locating Services
for
City of Bozeman, MT
Proposal provided by:
Summit Utility Services, LLC
P.O. Box 10
Arlee, MT 59821
Troy Holzworth — President
(406)207-0158
tgholzworth@summitutility.com
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Table of Contents
Section A: Cover Letter page 3
Section B: Description of Scope of Services page 4
Section C: Company Description/Experience/Capabilities page 10
Section D: Key Personnel/Project Team page 12
Section E: Recent and Current Work with the City of Bozeman page 14
Section F: References page 14
Section G: Costs and Expenses page 15
Appendix A page 16
2
-00004
Summit
UTILITY SERVICES., LLC.
Section A: Cover Letter
February 16, 2023
City of Bozeman
PO Box 1230
Bozeman, MT 59771
Dear Mr. Pericich,
Thank you for allowing Summit Utility Services, LLC to participate in the request for proposals for your
underground locating needs. We aim to satisfy your municipality with the services and pricing we offer.
Summit consistently delivers the best Damage Prevention Services in the industry.
We have included all the requested materials in this proposal. Summit Utility Services is built around three
core values: Integrity, Teamwork and Quality. At Summit we provide our employees with exceptional training,
support, equipment, and premium wages to help ensure our customers are provided with the best possible
service. We give our team the tools and resources to be successful.
I certify that Summit Utility Service will accept the City of Bozeman Standard Professional Services Agreement
Terms and Conditions as outlined in the original Request for Proposals.
Our operations management team has the experience and leadership capabilities to ensure you receive
excellent service. This group, along with our locators currently on staff, create the opportunity for
outstanding service and reliability. I am confident this team will meet and exceed your expectations while
providing the solution for your needs.
Summit's goal is bringing integrity back to contract locating, one contract at a time. Please contact us with any
additional questions.
Sincerely,
Troy Holzworth
President
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Section B: Description of Scope of Services:
Summit will utilize a ticket management system to receive all locates tickets from clients for this contract. We
will have the ticket routed geographically to be electronically delivered to all locate employees. The workflow
will be monitored by regional supervisors to ensure proper staffing is met in all regions to account for amount
of locates received. Summit also has both a normal and after-hours emergency dispatch for voice call out of
emergency locates and or any contractor questions or concerns. All emergency locates notifications are also
sent via text to the locator in the geographic region the ticket is assigned to. All employees are assigned a
laptop and phone that is cable of process tickets via our ticket management system and has the ability to view
cable records for all customer that we provide service for. We currently process over 500k tickets annually via
this process.
Summit currently receives the City of Bozeman's 811 code. It flows thru our system and is routed to individual
trained certified locating personnel. When they arrive ay the locate address several things are taking place for
the City of Bozeman. A Summit employee will review the maps and look for the potential of 7 different City of
Bozeman utilities. Our folks then locate all of the City of Bozeman buried facilities within the bounds of the
ticket and then add photos. We also have to add electronically each utility that we locate to charge for the
work. This requires multiple steps in our ticket management system. Typically, every utility has a 811 code for
each utility owned.
Equipment:
Summit will purchase ford vehicles, Ford Rangers, F 150 pickups and Ford Focus and ECO sport cars. All of
these vehicles will have the Summit Logo on them for identification. We do not rent vehicles to meet our
contractual requirements. Summit utilizes primarily RYCOM and VIVAX locating equipment. Summit also
provides a cell phone, MIFI, laptop and all small tools necessary to complete contractual locating
requirements.
Damage Investigation Policy
Summit needs to be notified of a damage or a near miss as soon as possible, via email and or phone
call to an email address to be provided at time of awarded contract. It is our policy for a manager
and/or supervisor to respond to the site within 2 hours to conduct a joint investigation if possible with
the utility representative. Upon arrival to the site, the Summit Supervisor will exchange names and
numbers from both the Excavator, as well as the Utility Representative. After contacts are exchanged,
the Summit supervisor will proceed with the Damage Investigation by circling any locate marks with
white paint. The Summit employee will then place a Hit Kit in the appropriate areas and take pictures
of the damage in the same placement and direction as the original locate photos to use for
comparison. A sketch of the damage is also required before leaving the area. All locate photos that are
time stamped and uploaded to Kor Terra will then downloaded be included and attached as part of the
damage investigation form. The Summit supervisor will then proceed to fill in the Damage Investigation
Form. The Damage Investigation Form must be turned into the affected utility company within 48
4
hours by the reporting Summit Supervisor. The report turned into the specific utility should provide
enough documentation to determine liability usable in court if required.
1.0 Quality Plan:
Damage Prevention: ....................................................................................................... 2
Ride-Alongs:............................................................................................................ 2
Monthly Training Sessions:...................................................................................... 2
DailyAudit of Work:................................................................................................ 2
Training: ......................................................................................................................... 3
Trainthe Locator:.................................................................................................... 3
Certification of Technicians:.................................................................................... 3
Training Requirements:........................................................................................... 3
Contractor Relations:...................................................................................................... 3
IncentivePlan:................................................................................................................ 7
UtilityPartnership:.......................................................................................................... 5
Audits: .................................................................................................................... 5
Map & Utility Training:............................................................................................ 7
APPENDIXA.................................................................................................................... 5
1. New hires classroom training. ......................................................................... 5
2. Field Training................................................................................................... 5
3. Examinations................................................................................................... 5
4. Continuing Training......................................................................................... 6
Summit Utility Services prides itself in the ability to perform Quality work. Our Motto "a job worth doing, is a
job worth doing right" exemplifies our commitment to quality. The following plan outlines key components
providing our field personnel with a solid foundation and the necessary tools to be successful. Summit Utility
Services Drug and Alcohol Plans, Locator Handbook, Safety and Health Handbook, Electric Field Training
PowerPoint and Electric test are added as supplements.
Damage Prevention:
Audits:
Summit Utility Services (SUS) will enforce a comprehensive program of auditing completed locate tickets.
Summit Utility Services Quality Manager/Trainer will report directly to the Summit Utility Services Operations
Manager at the corporate level. The Quality Auditor/Trainer will ensure that at least two Quality audits per
locator are conducted weekly. In addition, the Regional Director and supervisors will conduct a minimum of 15
quality audits weekly. The audit will be performed by SUS managers and field supervisors using an electronic
locator to verify the marks made on the ground and the locate sketches and photos taken by the locator. As
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growth occurs in the region the field supervisors will only audit individuals that are not under their direct
supervision. If problems are found during the course of an audit, the locator will be contacted and brought
back to the scene to review the locate request. SUS managers will also conduct joint audits with the utility
companies to promote a partnership on quality improvement across the board. Results of the audits will be
kept on file in the employees' training file.
Ride-Along:
Each SUS manager will schedule periodic times with each locating employee as they perform locates to
observe the employee's locating techniques, trouble-shooting skills, and safety procedures. The duration and
frequency of these ride-along will be at the discretion of the manager, based upon the skills displayed by the
locate technician. At a minimum, however, managers will spend 4 hours bi-annually with each of their
employees. Technicians who have problems or damages, or who the trainer identifies as displaying poor skills
or judgment, will be scheduled for a ride-along with the area manager. Results of the ride-along will be kept
on record in the employee's training file.
Monthly Safety Training Sessions:
At a minimum, monthly Safety training sessions will be held in each office to cover items of importance for all
locators. These training sessions will cover mapping, locate techniques, technology changes, safety issues, or
any other items the manager deems necessary. Utility representatives will be invited in to train our
technicians on map reading, locating their facilities, etc. These training sessions will be documented and a
record kept in the employee's training file.
Daily Audit of Work:
Managers will review daily work performed by the locators to ensure work is being properly documented and
locates are being completed as required. This process should reduce the number of valid recalls from
contractors, ensure accurate billing to the utilities, and ensure technicians are providing quality photos and
sketches on every locate.
Training:
Train New Employees
Summit Utility Services is building a company founded by an old-fashioned work ethic "A job worth doing is a
job worth doing right". All Summit Utility Services customers have our commitment that we will provide a
level of service that brings Professionalism, Excellence and Quality to every task. We surround ourselves with
folks that understand the meaning of terms like Loyalty and Dedication, Commitment and Teamwork. This
culture creates an environment for employees, management, and customers to develop long term
relationships built with Summit Utility Services three core values as a foundation, Integrity, Honesty and Trust.
At Summit we believe that a solid training program is essential to achieving the excellence that our customers
and the contractors depend on for their safety.
All new employees will be required to complete and extensive classroom and field curriculum. Every employee
will go thru an orientation program that outlines Summit Utility Services Employee handbook, Safety and
Health handbook, Drug and Alcohol Policy etc. Once that is completed the new employee will then spend a
minimum of 60 hours combination "hands on" and classroom training per utility that they are to become
certified to locate. The Quality Auditor/Trainer will spend half day in classroom environment and half days in
the field conducting this training.
6
Certification of Technicians:
All new employees will be required to complete the required training, successfully pass a written examination
and field observation conducted by the Quality Auditor/Trainer. Once they had completed this process the
employee will be certified as a Summit Utility Services Locator. No new employee will be allowed to run live
tickets without proper certification.
Contractor Relations:
SUS recognizes that one very important factor leading to success in any operation is its relationship with the
construction contractors that are requesting locates. Through the utilities and attendance at contractor
forums, SUS will work to continuously improve those relations. Managers will attend utility liaison committee
and homebuilder meetings to establish relations with key contractors. Managers will identify contractors that
we are having issues with and try to resolve those issues with the contractors, and if necessary, seek the
cooperation of the utility companies.
Incentive Plan:
SUS has established an incentive program that rewards employees for working efficiently, with quality of
locates being emphasized. Bonuses will be awarded to locate technicians on a yearly basis based upon a
three-factor formula. The three factors are productivity (tickets completed versus wages paid), quality of work
(no at-fault damages), and safe work. These three items combined will allow employees to know what they
need to achieve to receive a bonus.
Utility Partnership:
SUS can only be as successful as the utilities that we provide service for. In that regard, damage prevention
needs to be a partnership effort between Summit Utility Services and its utility customers. Aspects of this
partnership are provided below. Summit's manager currently has monthly meeting with the City of Bozeman
or as deemed necessary to review current projects, staffing and any other topics to ensure we have an sound
working relationship.
Joint Audits:
As mentioned above, SUS will ask its utility customers to complete joint audits on the work being completed
by SUS technicians. Jointly, we will prepare an audit checklist for each utility that lists those items the utility
would like to have verified on every locate completed in the field.
Map & Utility Training:
Periodically, utilities will be invited in to lead a training session of their utility mapping tools, issues specific to
locating that utility, or any other items the utility feels will benefit Summit Utility Services employees. These
sessions will enhance the relationship between the SUS employees and utility employees and provide for
better communication when issues develop.
Field Technician Training Outline
Qualified trainers in each office will be responsible for the training of new applicants for field locating
positions. The trainers will be responsible for teaching new employees locating procedures, safety and other
job duties, administrative tasks, and also remedial training for existing technicians. The outline of the training
to be conducted is included below.
7
1. New hires classroom training.
a. Theory of Locating: Theory of locating will be taught utilizing training videotapes provided by
the equipment manufacturers, as well as the company handbook that covers the theory of
locating.
b. SUS & Utility Customer Policies: SUS's Company handbook will be used to teach the policies of
SUS for its employees and any utility policies that our utility customers have provided to us
regarding their facilities.
c. Nebraska and Iowa Dig Laws: The basics of Nebraska and Iowa's Dig Laws will be reviewed
using the current booklet.
d. Computer Map reading training: The SUS trainer will cover the specifics of utilizing the maps
provided by each utility for their facilities.
e. General Safety: Overall employee safety on the jobsite will be covered with new employees.
Issues will include safe driving, heavy lifting, electrical hazards, heavy equipment safety, traffic
control, trench and manhole safety, and other on-the-job issues.
2. Field Training
a. Utility Identification: In coordination with utility representatives, proper recognition and
identification of utility specific facilities will be covered with each employee. Photographs will
also be used to cover items that may be uncommon, but still potentially found.
b. Locating Procedures: Building upon the classroom training completed earlier, new employees
will learn the basics of utilizing an electronic locator to determine the location of buried
facilities. More detailed information will be presented as to the specific techniques to be used
for specific utilities. Proper documentation and marking of facilities will be included.
c. Manhole or Vault Locating: This portion will cover the safety requirements necessary when
locating facilities out of a manhole or vault, safety practices when removing manhole lids, and
other techniques to be used in the field.
d. Stand By & Monitor: The specific requirements each utility has when protecting their facilities
will be demonstrated to each employee, as well as the documentation requirements and work
stoppage rules to be followed by each SUS employee.
e. Traffic Control Safety: Proper lane closure techniques, roadway safety, and working with
municipal and state roadway officials will be demonstrated with each employee.
f. Documentation: This portion of training will cover the documentation that each utility, as well
as SUS, requires on every ticket completed by an SUS locator.
3. Examinations
a. Written: A comprehensive written examination, covering both classroom and field instruction
will be administered to each employee. The trainer will have a discussion with each employee
as to the results of the test.
b. Oral: An oral examination covering locating techniques and field scenarios will be administered
to each employee by the manager at the office they will be operating out of.
c. Field Practical: After successfully completing both the written and oral examinations, the
employee will be taken to the field by the trainer and given real tickets to complete. The
trainer will evaluate the employee on their locating procedures, safety procedures,
documentation, and recognition of potential hazards. If successful with this practical
examination, the employee will be qualified as a Summit Utility Services Locating Technician.
8
4. Continuing Training
a. Remedial Training: Employees that, during the course of their employment, show a weakness
in their locating skills will be provided with remedial training covering those aspects necessary
to bring them up to an acceptable level, as determined by their manager. When negligent at
fault damages occur Summit management will determine if a written warning is deemed
necessary. We have a 3 written warnings policy then terminate. However Summit will make
every effort to ensure employees are given proper training and a work load level that promotes
Quality performance.
b. Locate Audits: As covered in a previous section, managers, supervisors, and field trainers will
perform periodic audits to ensure quality locates are being performed in the field.
c. Equipment Calibration: Periodically managers, supervisors, and trainers will field check the
calibration of locating instruments being used by their employees.
d. Mapping Updates: As necessary, managers, supervisors, and trainers will provide training on
mapping updates that are provided by the utilities.
5. Sample training schedule:
Day 1 Day 5
Introduction Safe Work Knowledge of Locate Theory Print Training
Orientation Practices Facilities - Test - Getting
Module - Test - Test Use of Receiver Familiar with
Payroll Module One Call Regs. 10 Steps of - Test local prints
Company - Test Locating Use of
Vehicles Transmitter
Field Visits - Test Field Training
*Vehicle - Familiarity
Inventory *Give out with
equipment. Equipment
Day 6 Day 7 Day 8 Day 9 Day 10
Marking Electric Module Excavator& Locating Final Review and
Procedures - Test Customer Pipelines Certification
- Test Natural Gas Relations - Test
Telephone Module - Test Print Training
CATV - Test State Specific
- -OQ Written Billing Template In class
demonstrations
Field Training Field Training and examples of
- Phone and - Electric and prints and billing
CATV Natural Gas scenarios
- Natural Gas
Field OQ
9
Day 11 Day 12 Day 13 Day 14 Day 15
Field Training Field Training Field Training Field Training Field Training
*Small group *Small group *Small group *Small group *Small group
completing completing completing completing completing
locates with locates with locates with locates with locates with
Trainer(s) Trainer(s) Trainer(s) Trainer(s) Trainer(s)
Day 16 Day 17 Day 18 Day 19 Day 20
Ride along with Ride along with Ride along with Ride along with Ride along with
Senior Locate Senior Locate Senior Locate Senior Locate Senior Locate
Tech Tech Tech Tech Tech
Ultimately Quality Assurance starts with a commitment from ownership to invest in the proper amount
of resources and equipment to complete the ticket volumes and supporting our leaders and locators.
This investment starts with staffing. Summit commits to staff to what we believe and our customers
believe is correct number of locators by region based on historic ticket volumes. When ticket volumes
spike Summit works overtime to try and keep up with the increased work load.
Summit is also a member of Energy World Net and will update membership and requirements as need
for this contract.
Summit agrees to meet with Company's management team to develop a matrix to measure multiple
data points regarding Quality Assurance. Contractor also agrees to meet monthly/Quarterly/annually
or as needed with Company staff to review and discuss.
Compliance with Contract Terms
Summit Utility Services, LLC. Accepts the contract language provided in bid packet.
Summit has a Drug and Alcohol Program, Employee manuals and a complete NULCA approved training
program available upon request.
Section C: Company Description/Experience/Capabilities
Summit Utility Services was formed in 2011 with a single locating contract in South Dakota and grow it
to over 180 employees in 2022 with locating contracts in SW Minnesota, across all of Montana, North
Dakota, South Dakota and Idaho. Summit was started by Troy Holzworth and 31 year veteran industry
expert. We are owned and managed by a grass roots utility locator that understands what the
employees need to be successful. Troy Holzworth was recently elected to both the NULCA Board and
the Montana 811 board based on his qualifications as a national industry expert. Summit has built this
business by doing locates RIGHT and ON TIME. I have provided in this packet just a brief background of
our leaders within the regions Summit is bidding. These folks are serious Damage Prevention experts
who are like minded and dedicated to the craft of damage prevention. This team has catapulted
Summit Utility Services into the premier provider in the region.
10
Current Staffing:
Summit currently has 180 employees.
Employee Experience:
Average employee experience is 9.65 years.
Areas of Operations:
Summit currently operates in Nebraska, Iowa, Minnesota, North Dakota, South Dakota, Wyoming,
Montana and Idaho.
Utilities Located:
Summit currently locates Telecommunications, Fiber Optic, CATV coax, and all phases of buried
Electricity, natural gas, Water, Sewer, Storm sewer, irrigation systems, Oil pipelines, propane and
traffic signals
Damage Statistics:
Summit Damage Ratios
2017 1 damage per 3357 locates
2018 1 damage per 3415 locates
2019 1 damage per 4447 locates
2020 1 damage per 4105 locates
2021 1 damage per 4624 locates
2022 1 damage per 4488 locates
City Of Bozeman last 3 years Damage Ratios
2 damages and 50,196 locates performed.
1 damage per 25,098
Company Wide On time performance
2020 97.66% on time
2021 98.73% on time
Company wide last 3 years On Time
Total Tickets 1,187,801
Emergency Tickets 48,688
Tickets Less Emergencies 1,139,113
Tickets agreed upon due date extensions 46,375
Total Tickets less extensions and emergencies 1,092,738
Tickets completed on time 1,084,220
Late Tickets 8,518
On Time Percentage 99.22%
11
Summit has not had a problem meeting state dig law requirements in any state of operation. We work
with contractors on any major locate requests and projects and complete the triangle for damage
prevention. In the event we are unable to meet a due date, Summit makes contact with the excavator
or property owner to make completion arrangements on a very minuet number of tickets. I strongly
suggest you contact your placement contractors and or your won crews, ask them how Summit's
response is to their locates request compared to ANY other provider. Questions: Are the locates
accurate, completed on time, how many unlocatable utilities do they experience with Summit, how
much downtime is caused by our service.
The utilities that want their plant located" correctly and on time" have contracted with Summit Utility
Services across our geographic footprint.
Section D: Key Personnel and Project Team
Don Peters is our Western Regional Director managing our Montana and Idaho region. Don is OQ certified to
Locate Intermountain Gas, Avista, and NorthWestern Energy plant. Don has 17 years of experience is also one
of Summits OQ training supervisor. Don is also a Veriforce certified OQ trainer.
We currently have 8 employees certified to locate projects in the immediate Bozeman area.
Jess - 25 years locating experience, 4 years locating for city.
Jodie - 17 years locating experience, 3 years locating for city.
Katie - 17 years locating experience, 2 years locating for city.
Walter -5 years locating experience, 1 year locating for city
Sarah - 1 year locating experience, 1 year locating for city.
Haylee - 1 year locating experience, 1 year locating for city.
Jordan - 1 year locating experience, 1 year locating for city.
Logan -1 year locating experience, 1 year locating for city.
Our team believes we can bring quality back to the locating environment. Summit has improved service for
every contract that we have added since our inception. Don't hesitate to call and ask how Summit performs
compared to whoever they used prior in North Dakota, South Dakota, Montana, Idaho and Minnesota. We
are confident we can continue to facilitate the City of Bozeman Service territory with a high level of quality
and success.
Safety is a top priority for Summit Utility Services. We know that prioritizing our locators' safety in the field
ensures we retain the best locators in the area. We have included our safety statistics for the past 3 years
below for your review.
12
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Section E: Recent of Current Work with the City of Bozeman
City of Bozeman, MT
Performed sewer, water, storm sewer, Luminaires,traffic lights, RRFBs, and well locates in Bozeman, MT.
Dates: April 1, 2018- current
Section F: References/Similar Municipality Work
Clay County MN
Terri Grinde
Clay County Highway Department
218-299-5099
Population: 65,574
Scope: Locate all power supplies for an assortment of traffic lights throughout Clay County
Dates: April 16, 2021
City of Pierre, SD
Brad Palmer
605-773-3067
Brad.palmer@ci.pierre.sd.us
Population: 14,000
Scope: Locate entire electric & fiber optic network in Pierre SD
Dates: March 1, 2020
14
City of Coleman, SD
Grant Groos
605-530-1212
cityman572@hotmail.com
Population: 4,000
Scope: Locate entire electric network in Coleman SD
Dates: April 1, 2012
City of Pukwana, SD
605-894-4316
Population: 275
Scope: Locate entire electric network in Pukwana SD
Dates: October 1, 2015
City of Bozeman, MT
Nick Pericich
406-579-3684
Population: 54,539
Scope: Locate sewer, waters, storm sewer, Luminaires,traffic lights, RRFBs, and wells in Bozeman, MT.
Dates: April 1, 2018
Section G: Costs and Expenses
Costs and expenses: Please provide the following proposed prices:
1. Cost per locate—Water Each $17.50
2. Cost per locate—Sanitary Sewer Each $17.50
3. Cost per locate—Storm Sewer Each $15.00
4. Cost per locate—Signals Each $17.75
5. Cost per locate— Luminaires Each $13.62
6. Cost per locate— RRFB Each $13.62
7. Cost per locate—Wells Each $13.62
8. Tickets will be billed on a per locate request per
utility basis for the first 2 hours of actual locating $80.00 hourly
for the categories as shown above. Anything after 2 rate
hours will be billed at an hourly rate in 15 minute
increments.
15
Appendix A:
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Summit Utility Services, LLC (name of entity submitting)hereby affirms it will
not discriminate on the basis of race,color, religion,creed,sex,age, marital status, national
origin,or because of actual or perceived sexual orientation,gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, Summit Utility Services. LLC (name of entity submitting)hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104,MCA(the Montana
Equal Pay Act),and has visited the State of Montana Equal Pay for Equal Work"best practices"
website, https://equaloay.mt.gov/BestPractices/Employers,or equivalent"best practices
publication and has read the material.
%aec� q�4u,,94-11X President
NN�e 'nd titl f person authorized to sign on behalf of submier
16