HomeMy WebLinkAboutresolution.council.020-03 RESOLUTION # ~
(Series of 2003)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND UTILX CORPORATION, SETTING FORTH
THE TERMS AND CONDITIONS REGARDING RENOVATION OF
UNDERGROUND CABLING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT
WHEREAS. there has-been submitted to the City Council a contract
between the City of Aspen. Colorado, and Utilix Corporation, a copy of which
contract is annexed hereto and made a part thereof.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen. Colorado, and UtilX Corporation regarding
renovation of underground cabling, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated:
"He fen/I~alin :I~hderud, Mkyor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ~'~~ ~ ,
2003.
K~'r37a/S. Koch, ~ty Clerk
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: '1 'I/28/2002
UTILX CORPORATION
PROPOSAL AND CONTRACT
CableCURE Injection SerViCe
UTILX Corporation is Pleased to submit this Proposal and COntract t° perform its CableCURE
Injection services in accordance with the attached DescriptiOn of Work, Price SChedule, and
General Terms and Conditions. This Proposal and Contract (the "Agreement") will expire if a
written acceptance of the Agreement fr°m the Customer, defined below, is not received by UTILX
within 60 days of the above date.
This Agreement is made and entered into as of January 1, 2003, (the "Effective Date") by and
between UTILX Corporation ("UTI~"), a Delaware Corporation, and The City of Aspen
("Customer"), a Colorado Municipality~
The term of the Agreement ("Term") shall commence on the Effective Date and shall expire on
December 31, 2005 unless the Agreement has otherwise been terminated Pursuant to paragraph
11, 13a or 13b below or the Agreement has been renewed in writing by the parties.
The contract amount for 2003 shall not exceed $433,000.00.
PROJECT: Downtown cable remediation - Test/Treat approximately 40,000 Cable feet of
1/0 URD cable and 47,000 Cable feet of 500 feeder cabie,
I, GENERAL DESCRIPTION OFWORK
UTILX will provide Proactive CableCURE Injection service and other specified services to the
Customer, as more fully described in Attachment A hereto.
II. SCHEDULING
Coordinated scheduling will be required to ensure maximum productivity. The project will begin
on a date mutually agreeable to both CUstomer and UTILX.
Daily work will be performed in accordance with a schedule mutually agreed upon by the
Customer and UTILX at least two weeks in advance.
II1. SCOPE/PRICING/MATERIALS
UTILX will perform the work as set forth in Attachment A hereto. Customer agrees to compensate
UTILX according to the pricing schedule set forth in Attachment A, subject to additions or
deductions for changes and extra work PlUs any applicable Sales, use, or excise taxes.
IV. SPECIFIC RESPONSIBILITIES
The responsibilities of the parties are set forth in Attachment B hereto.
City of Aspen 2.10.03
rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
V. TERMS AND CONDITIONS
This Agreement will be governed by UTILX's General Terms and Conditions attached hereto and
incorporated herein.
· UTI)c_X CORPORATION CUSTOMER.~,,~...__
Signa't~re '~- 'Date ~,gnature Date
Gus gerezes, Vice President .-~'~'~-i=4'~¢t J¢~ ~'~V'tLS~
Print name and title ' Print name and title
22820 Russell Road J~ ~ .
Street Address Street Address
Kent, Washinqton 98032 ~ ~)
City State Zip Code City t State Zip Code
Ph: (253) 395-0200 Ph: 01::~E) · ~-.~).
Fax: (253) 395-1040 Fax: ~_c~ . ~'7.~.
*CUSTOMER'S EXECUTION HEREOF
CONSTITUTES FULL ACCEPTANCE OF
UTILX'S PROPOSAL AND CONSENT TO
THE CONTRACT AS CONTAINED
HEREIN.
City of Aspen 2.10.03
2 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
GENERAL TERMS AND CONDITIONS
CableCURE Injection and/Or Diagnostic Service
1. UTILX's Additional Obligations.
a. CableCURE Warranty; Limitation of Liability; Disclaimer.
i. Notwithstanding any other provision of the Agreement, the sole and
exclusive warranty for the CableCURE service delivery or performance is as follows:
For 20 years after Proactive CableCURE Injection of a cable, if Customer is
not satisfied with the CableCURE service delivery or performance, UTILX will provide a cash
refund for the full original price paid for the treated Segment, as more fully set fodh in Attachment
D-l, or treated Subsegment, as more fully set forth in Attachment 9--2. both of which are
attached hereto and incorporated herein by this reference.
I1. THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER WILL BE A
CASH REFUND EQUAL TO THE FULL ORIGINAL INSTALLATION PRICE PAID FOR THE
CABLECURE SERVICE. UTILX SHALL NOT BE LIABLE FOR ANY ADDITIONAL DAMAGES
OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CLAIMS, INCLUDING
BUT NOT LIMITED TO BREACH OF WARRANTY AND BRE~CH OF CONTRACT.
THIS WARRANTY AND EXCLUSIVE REMEDY ARE IN LIEU OF ANY
AND ALL OTHER WARRANTIES OR REMEDIES WRITTEN OR UNWRITTEN, EXPRESS OR
IMPLIED, AND UTILX HEREBY EXPRESSLY DISCLAIMS ANY OTHER EXPRESS
WARRANTY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE. NO EMPLOYEE OR AGENT OF UTILX IS AUTHORIZED TO
GRANT ANY WARRANTY TH?/T--[S GREATER OR DIFFERENTTHAN THIS WARRANTY.
Initials: ~ Initials: '~
UTILX Customer
b. UTILX will maintain records for work and make available such records to Customer
upon request.
c. UTILX will take reasonable care in performance of work and exercise reasonable
precautions for protection of property, work, materials, and equipment.
d. UTILX will reasonably coordinate its work with other contractors.
e. UTILX will adequately supervise all work and keep a competent superintendent on
the work site.
f. UTILX agrees to bind every subcontractor to the terms, conditions, and provisions
of this Agreement. UTILX will require all of its subcontractors to provide insurance in accordance
with the insurance requirements of Customer, and UTILX will obtain proof of such insurance from
its subcontractors prior to commencement of work.
g. UTILX will comply with all applicable laws.
City of Aspen 2.10.03
3 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
2. Customer's Additional Obligations.
a. As a conditiOn to UTILX's obligations under this Agreement, Customer shall inform
UTILX of the nature and location of the work, and provide an opportunity to UTILX to inspect such.
b. Customer shall provide UTILX with a survey or other description of the property
and its locations. Customer shall obtain any necessary easements, licenses, or other legal rights
of way for access to the project site, and will inform UTILX of any special conditions which might
be imposed as a condition upon such rights of way. Customer shall, upon request by UTILX,
provide drawings of the project site, which reflect the boundaries, easements, etc. of the site.
c. Customer shall advise UTILX of the location and nature 0f any known or suspected
hazardous materials that may exist on the property. The parties agree that UTILX will only be
liable for damage to the environment if such damage is caused by any materials brought onto the
site by UTILX during the course of the'work.
d. Except as specifically otherwise agreed by UTIL.X, Customer shall be responsible
for obtaining all necessary licenses, certificates, and permits required for the performance of the
work, and Customer shall pay for all fees, assessments, charges, etc. UTILX shall not be
obligated to commence performance of any work untiJ Customer has obtained ail permits,
licenses, or similar items necessary or appropriate under federal, state, or local law, rule or
regulation for the performance of the services at the project site, and, upon UTIL.X's request, has
furnished copies of such items and other evidence of compliance, as UTILX may reasonably
request. Customer may appoint UTIL× as its agent to secure these permits, so long as mutually
agreeable compensation is paid to UTILX for' such services.
e. Customer agrees that it shalJ not for a period of two years from termination of this
Agreement, directly or indirectly solicit or entice any employee or consultant of UTILX to cease his
or her relationship with UTILX, unless released from such obligation in writing by the Board of
Directors of UTILX.
i. Customer acknowledges that this provision is essential to UTILX, and that
damages sustained by UTILX as a result of a breach of this provision cannot be adequately
remedied by damages. Customer agrees that UTILX, in addition to any other remedy it may have
under this Agreement or at law, shall be entitled to injunctive and other equitable relief to prevent
or curtail any breach of any provision of this Agreement.
ii. Customer acknowledges that the restrictions in this provision are
reasonable in time, scope, and territory, do not stifle its exercise of skill and experience, are fully
required to protect UTILX's legitimate interests, do not confer a benefit on UTiLX disproportionate
to the detriment of Customer, and that additional Consideration has been given for Customer's
entering into the non-solicitation provisions of this Agreement.
iii. For purposes of this Agreement, "UTILX" will include all subsidiaries of
UTILX, any parent corporation of UTILX, and any business ventures in which UTILX, its
subsidiaries, or any such parent corporation may participate.
City of Aspen 2.10.03
4 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMI=DIATION
Date: 11/28/2002
3. Price and Payment. Customer agrees to pay UTILX the price described in Attachment A
for performing the work described herein subject to any additions or deductions or other terms or
conditions of this Agreement. If Attachment A specifies lump sum pricing or some pricing other
than unit pricing, additional work will be performed at a price mutually agreeable to UTILX and
Customer. Customer agrees to pay additional amounts on the same per-unit price basis as
specified in Attachment A, providing Customer has requested additional work.
UTILX will invoice Customer weekly. Customer shall pay all invoices within thirty (30) days after
invoice date. Any balance owing after thirty days from the date of an invoice will be subject to a
late payment penalty of one and one-half percent (1 1/2%) per month.
An injected cable is considered complete and billable after the cable has been successfully
flushed and filled with "CableCURE enhancement flUid" (i.e, once clean "CableCURE
enhancement fluid" has filled the cable and is coming through to the vacuum-end receiver tank for
that section).
UTILX reserves the right to limit or stop work based upon UTILX's judgment of the
creditworthiness of Customer. In the event of Customer's failure to pay UTILX, UTILX shall be
entitled to recover all costs and expenses associated with any and all collection efforts it may
choose to undertake, including litigation and reasonable attorneys' fees. UTILX will also be
entitled to all rights to pre-judgment interest permitted by law.
Notwithstanding any other agreement to the contrary, UTILX shall be entitled to assert any and all
of its bond and lien rights, if applicable.
4. Changes in Work. If it becomes necessary or desirable to modify this Agreement or to
make changes by altering, adding to, or deducting from the work, or to add correlated work not
previously covered by the Agreement to the work to be done under the Agreement, the parties
may, without invalidating the Agreement, agree to a written Change Order, as provided in
Attachment C. The value of any such change in the work will be determined herein.
5. Time. If UTILX is delayed at any time in progress of the work by changes, labor disputes,
fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the control of UTILX, or by other
causes which may justify delay, then the time for performance will be extended.
6. Force Majeure, Neither party will be liable for failure or delay in delivery of services or
delivery of goods due to Acts of God; war; civil commotion; fire, flood, or other casualty;
government actions, priorities or regula!ions; or any cause beyond the reasonable control of either
party, whether of similar or dissimilar nature than those enumerated. In the event of delay under
this provision, UTILX will have such additional time within which to perform as may be reasonably
necessary.
7. Independent Contractors. UTILX and Customer agree that they are independent
contractors and have full control and direction Over the mode and manner of doing their respective
work and over their respective personnel.
8. Delays. Customer shall not be charged for delays caused by inclement weather, or by
events beyond the control of the Customer for which CuStomer has not assumed responsibility. If
City of Aspen 2.10.03
5 rev. 10/07~02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
delays in Customer's scheduling of daily work prevents UTILX from operating or if scheduled work
is delayed by events within the control of Customer, Customer shall pay to UTILX in addition to
the daily rate, if any, an hourly rate as set forth in Attachment A for each UTILX crew delayed for
the duration of the delay up to eight hours in a workday. For any event for which a delay charge is
imposed, the charge will begin one hour after notice by UTILX to Customer of the event. Delay
charges for any particular day will end upon the conclusion of UTILX's normal work shift for that
day.
9. Insurance. UTILX will carry liability insurance, including insurance for workers'
compensation, general liability, and automobile liability, in the following minimum amounts:
General Liability Coverage: $1,000,000.00
Workers' Compensation Coverage: $1,000,000.00
Automobile Coverage: $1,000,000.00
Upon request, UTILX will furnish reasonable proof and certificates of such insurance to the
Customer prior to commencing any work.
10. Liability and Indemnity. Each party hereto will be solely and exclusively liable for injury
to persons or property to the extent that any such injury is caused by such party's sole negligence
or willful misconduct and will, to the extent permitted by Colorado law, fully indemnify the other
party to this Agreement from all claims, losses, liabilities, costs, and expenses arising therefrom,
including reasonable attorneys' fees. in the event the joint or concurrent negligence of the parties
causes any injury to persons or property, the parties will share responsibility for any claims,
losses, liabilities, costs, and expenses arising therefrom in proportion to the respective fault of
each party. Neither party will be liable for special or consequential damages.
11. Differing Site Conditions. If conditions are encountered at the site which (1) differ
materially from those indicated in the contract doCUments, or (2) differ materially from those
ordinarily found to exist in the area of the w0rk and generally reCognized as inherent in activities of
the character provided for in the contract documents, then notice by the observing party will be
given to the other party immediately after conditions are encountered.
If the conditions encountered are of such a nature as to cause an increase in the cost of the work
or a change in the methods required for the performance of the work; UTILX will be entitled to an
equitable adjustment in the price for the work, and an adjustment in the time to perform the work.
If Customer and UTILX cannot agree on an adjustment in the contract sum or contract time for
performance, UTILX will have the option of terminating this Agreement. If the work is terminated,
Customer agrees to pay to UTILX an hourly rate as set forth in Attachment A for each hour of
UTILX's efforts up to the date of termination.
t2. Default. If Customer becomes insolvent or bankrupt, or fails to perform a material
obligation under this agreement, UTIEX may terminate this Agreement upon twenty-four (24)
hours written notice to remedy the default. In such event, and without waiver of any other legal
rights or remedies, Customer shall immediately pay UTILX for any work performed prior to
termination.
13. Termination.
City of Aspen 2.10.03
6 rev, 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDiATiON
Date: 11/28/2002
a. Termination For Cause. If Customer becomes insolvent or bankrupt, or if
Customer fails to pay UTILX invoices in a timely manner, or if Customer otherwise materially
breaches this Agreement, UTILX may, without prejudice to any other rights or remedies against
Customer, terminate this Agreement upon forty-eight (48) hours written notice to remedy the
default. In the event of failure to remedy and upon termination, UTILX shall be compensated for
all Work performed and materials ProVided at the time of termination.
b. Termination For Convenience. UTILX may terminate this Agreement by written
notice to Customer thirty (30) days prior to the effective date of termination. Notice shall be
given pursuant to Section 15 below. In such event, CUStomer shall pay UTILX for all Work
performed and materials provided at the time of termination.
14. Resolution of Claims and DiSputes.
a.
b. As a condition precedent to the hearing of any trial, the parties of this Agreement
will submit any and all disputes between them to non-binding mediation with the assistance of a
recognized professional mediation service. The parties will bear equally all expenses, exclusive
of attorneys' fees associated With the mediation.
c. In the event either party institutes an arbitration proceeding or suit in court against
the other party, or against the surety of such party, in connection with any dispute or matter arising
under this Agreement, the prevailing party will be entitled to recover its costs and reasonable
attorneys' fees, in addition to any other relief granted.
'15. Notices. Notices concerning this Agreement shall be in writing and shall be given or
made by means of telegram, facsimile transmission, certified or registered mail, express mail or
other overnight delivery service, or hand delivery, proper postage or other charges paid and
addressed or directed to the respective parties as set forth in the signature block. A notice that is
sent by facsimile shall also be sent bY:one Of t~e Other means set out in this section. All notices
delivered in person or by facsimile shall be deemed effective immediately. Notices delivered by
certified or registered mail shall be effeCtive three (3) days after mailing.
'16. Conflicts. Should Customer utilize a purchase order or work order, no terms and
conditions thereon will change or supersede any provisions of this Agreement.
'17. No Waiver. No waiver of or failure by UTILX to exercise any right under the terms of this
Agreement on a particular occasion will be construed to be a waiver on any other occasion.
'18. Legal.
a. This Agreement will be considered to have been made in, and will be interpreted
under the laws of, the State of Washington.
City of Aspen 2.10.03
7 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
b. The venue for any arbitration or lawsuit arising out of this Agreement or the work
hereunder will be Pitkin County Colorado, and all proceedings will be strictly in accordance with
the laws of the State of Colorado.
c. This Agreement represents the final understandings of the parties hereto and
UTILX assumes no responsibility for any understandings or representations made by any of its
officers, agents, or others prior to the execution of this Agreement, unless such understandings or
representations by UTILX are expressly stated in this Agreement.
19. Equal Employment Opportunity. The Equal Opportunity Clause in Section 202
Executive Order No. 11246, as amended, relative to Equal Employment Opportunity and
Executive Order 11375, are incorporated herein by this specific reference, and UTILX and
Customer are bound to comply.
REST OF PAGE INTENTIONALLY LEFT BLANK
City of Aspen 2.10.03
8 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
ATTACHMENT A
Description of Work
Perform Proactive CableCURE Injection including Craftwork. Proactive CabieCURE Injection is
defined as the treatment of contiguous segments of cable circuits where the majority of the
individual segments have been in operation without failure or Destructive Testing for at least 120
days prior to injection. Destructive Testing includes (1) any exposure of the cable to a voltage
greater than 50 volts at any frequency below 50Hz or above 60 Hz or (2) any exposure of the
cable to voltages at any frequency above the rated voltage of the cable. Proactive CableCURE
Injection specifically excludes the injection of a single section of cable, which has failed and not
been in continuous operation for 120 days prior to injection. Any Destructive Testing performed
on the cable segments following Proactive CableCURE Injection shall specifically void the 20 year
Unconditional Warranty.
Special Documentation & Invoice Requirements
Weekly progress invoicing Due net 30-days.
Feeder Cable Terminations
Upon addressing the reliability of feeder cable through the use of CableCURE/XL fluid injection
it is strongly recommended that all termination devices be removed and replaced with new
components to ensure longevity.
Initials:L~I~,/~'I2 ) Initials:
UTILX Customer
Pricin,q Schedule
UTILX reserves the right to negotiate new prices for work on an annual basis during the Term of
the Agreement with the new pricing being effective each January 1.
Proposal Billing Codes
;>Length & Material Charges
I Crew Mobilization Fee $3,000.00 J Each
i Cable Test/Abandon Fee
.
i Inject 10 1/0 '175mil URD Cable $8.00 i Conductor Ft.
.................................................., ..,~.....,~..v.-..,.,....,.........,~!"-i';;'i;;;;Ta'~;";i";;;";i';~ii';;;'iT'i~'~'~i'"~';;~'i; .................................................. '" "'~i~f:'6'ii ......................... i""~i~-aii'~'i~i;'i~i:'
.......................................................... iiijiii i'-: "iiii"i-iii'"';i'i 'i:;i'ii"iJii"5'" '; ;'i'i ................... :' f"iiiii]iii .......................... ............
City of Aspen 2.10.03
9 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
.......................... Inj'~eti~i] El~o~;' 1' $85.14 Each
Extended Inject]on Elbow l $98,58 Each
~ Splice Pin-POint $284.60 Each
~ 3M QSIII Splice 500 15ky / $235.13 Each
........................................................ ...?~0?..~!~.~?~.~..~.~.~!~r ..................................................... l_?~:.~°. ..................... ,...~.~ ........................................
Splice Seal ~t 500 i5kv QSIII ~ $188.00 Each
........................................................ ~.-~:~T~-~-~ ........................................................................................................ ~ -~.~.~:~.~ ................... ~
L
>Time Charges
~ Bdl code [ Description ~ Charge Unds '
njection TeChnic an $85.00 Man-Hour
~ J Lineman/Injection Technician ~ $~00,00 Man-Hour ]
~ Ovedime '
~ [ Delay Charges are in addition to any ~ $49.34 ~ Man-Hour ~
>Excavation Charges
Excavations to be pe~ormed by CUSTOMER.
~'"~;i'["~'~ ................................... ~;;;;i'P~i;~ .......................... -"- ................................................... ~"~--}'"'~'~'~'e-':'~'"":'" ~
] Pit* Charge - Native Soil [ SN/A Per Pit
F~t ~narge - ~oncrete ~u~ace ;':7';T-""---"-';-"'-'""--7--;---T""- ..................................... ["'""~'~)~ ............................ ~'-'~'~"~{' ...............
.............................................................. ~';;;;'~"~;i;;~:'~;;'ai~;;;"; ............... ~ ........................... ?','~x ......................... i'-'~a'~ .....................
Noto: Injection Ion~th basod char~os aro per unit conductor Ion~th. Inje~ion and cm~ hourly
char~os aro b~llod in haft-hour incremonts and aro per crew~erson. Hourly charoes w~ll not oxcood
8 hours pot crowporson pot day, unloss authodzod Dy customer reprosontat~ve.
limin~ ofthe ~roject: HTI~ will cOmmonce work on the ~rojects for 2003 on or about ~pril,
2003 and completo work on or about ~uly 3~, 2003.
City of Aspen 2.10.03
10 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
UTILX responsibility (U)
Customer responsibility (C)
U 16. Connecting injection equipment and fluid tubes to injection adaptors.
U 18. Initiating and maintaining flow of the CableCURE fluid(s) into the cable segments
U 19. Locating and pinpointing all splices necessary to permit flow
C 20. Excavating all splices up to five feet in depth necessary to permit flow.
C 21. Replacing all splices necessary to permit flow, utilizing the following guideline:
a) Clear one (1) splice per 100 feet;
b) Clear two (2) splices per 200 feet;
c) Clear three (3) splices per 300 feet;
Field Crew reserves the right to make the call in the field based on the sensitivity ora dig (i.e.
concrete driveways, ornamental gardens, and other items with high restorative cost.) Any
deviation from repair will be noted on the UTILX Cable Tracking System
C 22, Restoring all pits or trenches.
........ ............. .......................................................................................................
'"' ~C........[ 25. Responsible for removal and disposal of all surface material and excess spoils.
U ~ 26. Monitoring cables to assure that no leakage is occurring and that CableCURE fluid(s)
- I flows completely through the cable segment.
U I 27. Removal of all removable injection equipment at the end of the injection period.
C 28. Providing suitable confined space for entry/rescue, equipment, and personnel if entry to
confined spaces is required for the conduct of the job.
I old devices is required because they are defective or will not allow flow.
......... '~ .................................................................................................................................................................... 30. Replacement of cable in the event that 'a cable needs to be replaced because it has
been determined for technical or economic reasons that it is not suitable for injection.
charge for locating existing utilities where a locating service is available at no charge
through One-Call Service or through individual local utilities. If such a service is
unavailable, the cost of the locating service will be billed to the Customer at invoice cost
plus 10%.
C 33. Any other task(s) not specifically listed above.
City of Aspen 2.10.03
12 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
ATTACHMENT C
CHANGE ORDER
To Change No.
Project Project
Location Date
THIS IS AN AUTHORIZATION TO PROCEED WITH THE FOLLOWING:
Scope of Work:
Cost Breakdown:
Total Cost of This Change:
Effect on Completion Schedule:
Total Contract Price Including This Change:
Customer's Instructions to Engineer:
Distribution:
Initiated by Date
Approved by. Date
UTII_X Acceptance Date
City of Aspen 2.10.03
13 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
ATTACHMENT B
SPECIFIC RESPONSIBILITIES
UTILX responsibility (U)
Customer responsibility (C)
U 1. Recording of all cable tracking data and daily field reports.
C 2. Providing any permits or licenses required by state, county, or municipal authorities, and
handling any required interface with government agencies.
C 3. Providing information and maps describing the physical characteristics, legal limitations,
and locations of the cable at least two weeks prior to the performance of the work.
C 4. Providing accurate circuit maps, which indicate the location of normal open points,
circuit phasing, and other information required to safely and efficiently operate.
C 5. Designating a Customer representative to act on the Customer's behalf in
communicating with the UTILX operating crew, including daily approval of ~)rogress
recorded on the UTILX daily field report.
C 6. Planning all switching to maximize efficiency and ;~roductivity and to minimize any
additional time or expense.
U 7. Planning all injection work to maximize efficiency and productivity and to minimize any
additional time or expense.
C 8. Handling all communications with utility customers prior to the start of operations at a
given site.
-'~ ......................... ~i~:~-~i:iii~ia~[~i:i~ii~i~iii:ii~i]~i~iii;i~i~ii;~i~i~i~i~i~i~a~..~a"i~ ..........................................................................
"~- ........................ ~i57.~i~i:~;iai-Fi~.~..~i~i;iiii~a~.~ii~i~i~i~i~G~.~ii~.~a~.t;~i~i~a~i~:~i~i:~ii~ii.~.i~.~i~.~.~i].~ ....
condition of any cable segments which need to be worked upon and to reenergize the
same upon completion
.... [J .................. ~";iT"%'~ii:i~j'"' {rii~ "'~'~'~iiii~'~'"'~iqt~'"i-ii~'t'~:~il" 'i:;i:i~i:'~-i~j~'~ii~ F-"i¥'"i~"~'-~i~''' ~i"~'~;~[i'i~:~'i"'i:ii~i~'i~ .....
exceeding 100% of the cable neutral's original ampacity, the condition will be repaired,
the cable will not be injected, or the customer will issue a written waiver to allow injection
to proceed.
U 12. Provide an electronic image of each cable's high resolution TDR trace.
'"i~ .............. ';i'§':'"-i'~"i i~ii'iiiiS~-5Y'~5-a"i"{i~ii$ii'"SFi ~ iGi~i'~' "'ii-~5~"i'"i'~ ~i75 F"i~i'i: ~'ii ~i'~'i:ii'"'i'~jiii' ~iiS'~"'~i'~ Fi5
allow the CableCURE fluid(s) to be injected and contained, per the CableCURE
Procedures Manual. . .......
CableCURE fluid(s) to be injected and/or contained, per the CableCURE Procedures
.... 0' .......... Manual.
15. Testing for airflow and pressure limits prior to injection. If the cable will n~t ~Jpp'~t
injection the condition must be corrected or the cable will not be injected
City of Aspen 2.10.03
11 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 1 '1/28/2002
ATTACHMENT D-I
CABLECURE UNCONDITIONAL WARRANTY (Circuits less than 2,500')
For 20 years after Proactive CableCURE Injection of a cable~ if Customer is not satisfied with the
CableCURE service delivery or performance, UTILX will provide a cash refund for the full original
price paid for the treated Segment.
To make a claim, Customer shall provide UTILX with a CableCURE warranty tag and a completed
CableCURE Warranty Claim form~ The warranty tag identifies the Segment of cable that has
failed or that is otherwise unsatisfactory to Customer. A Segment of cable is the length between
two terminations, and is identified with a unique 8--digit number at each termination with a pair of
CableCURE warranty tags. This warranty applies only to Segments that are less than 2,500 feet
long,
THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER WILL BE A CASH REFUND EQUAL
TO THE FULL ORIGINAL INSTALLATION pRiCE FOff'T~I~ ~BE~c[J~I~ S~RVi~i UTILX
SHALL NOT BE LIABLE FoR ANY ADDITIONAL DAMAG~ O~ ANY i~iDENTA~ OR
CONSEQUENTIAL DAMAGES FOR ANY CLNMSi iNCLUI~i'NG~ BUT ~T LiMIT~ TO
BREACH OF WARRANTY AND BREACH OF CONTRACT.
THIS WARRANTY AND EXCLUSIVE REMEDY ARE [~iEU'OF ANY ~D ALE OTHER
WARRANTIES OR REMEDIES, I~i~D AND
UTILX HEREBY EXPRESSLY DISCLAIMS
IMPLIED WARRANTY OF MERCHaNTABILiTY ORbF ~T~E~s ffO~ A PARTICULAR
PURPOSE, NO EMPLOYEE OR AGENT OF UTILX IS AUTHORIZED TO GRANT ANY
WARRANTY THAT IS GREATER OR DI'~ERENT~THAN~HI~ W~AR~N~.
CUSTOMER WARRANTS AND AFFIRMS THAT NO DESTRUCtiVE TESTING AS DEFINED
IN SECTION A OF THIS AGREEMEN~Fi HAS BEE~F~~=¥~ ~BLES,
AGREED AND ACCEPTED:
TITLE: GUs~e President TITLE: (:~t"r*'l"
DATE:' "~-//¢.)~/~ .~ DATE:
/ /
NOTE: UTILX requests that if the cabl~e has experienced a dielectric failure, the Customer supply
the failed portion of the Segment to UTILX for complimentary failure analysis. UTILX uses the
failure analysis to refine the CableCURE rejuvenation chemistry and injection process.
City of Aspen 2.10.03
14 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
ATTACHMENT D--2
CABLECURE UNCONDITIONAL WARRANTY (Circuits greater than 2,500')
For 20 years after Proactive CableCURE Injection ora Cable, if Customer is not satisfied with the
CableCURE service delivery or performance, UTILX will provide a cash refund for the full original
price paid for the treated Subsegment.
To make a claim, Customer shall provide UTILX with a CableCURE warranty tag and a completed
CableCURE Warranty Claim form. which asks that Customer provide the distance between the
fault or problem and a specified termination. The warranty tag identifies the Subsegment of cable
that has failed or that is otherwise unsatisfactory to Customer. UTILX will provide a cash refund to
Customer for the applicable Subsegment. A Subsegment of cable is the lesser of the circuit
length between a termination and an end-of-reel construction spJice, the length between two end-
of-reel construction splices, or 2500 feet and is identified with a unique 8-digit number at each
termination with a pair of CableCURE warranty tags.
THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER WILL BE A CASH REFUND EQUAL
TO THE FULL ORIGINAL INSTALLATION PRICE FOR THE CABLECURE SERVICE. UTILX
SHALL NOT BE LIABLE FOR ANY ADDITIONAL DAMAGES OR ANY 'INC'I~ENTAL OR
CONSEQUENTIAL DAMAGES FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO
BREACH OF WARRANTY AND BREACH OF CONTRACT.
THIS WARRANTY AND EXCLUSIVE REMEDY ARE IN LIEU OF ANY AND ALL OTHER
WARRANTIES OR REMEDIES, WRITTE'N 'O'R UNWRI~E~, 'EXPRESS OR IMPLIED AND
UTILX HEREBY EXPRESSLY DISCLAIMS ANY OTHER EXPRESS WAR~N~ AND ANY
IMPLIED WARRANTY OF MERCHANTABILITY'OR OF FITN'ESS'~ ~O'R A PARTICULAR
PURPOSE. NO EMPLOYEE OR AGENT OF UTILX IS AUTHORIZED TO GRANT ANY
WARRANTY THAT IS GREATEROR DIFFERENT THAN THrS WARRANTY.
CUSTOMER WARRANTS AND ~FFIRMS THAT NO DESTRUCTIVE TESTING, AS DEFINED
IN SECTION A OF THiS AGREEMENt~ HAS BE'EN~PE~F~'RME~3 ON THE CABLES.
AGREED AND ACCEPTED:
UTIL~O~O~RATION f~ CUSTOMER
TITLE: Gus Dere~z~s, Vice President BY.'_~
DATE:
/Y
DATE:
NOTE: UTILX requests that if the cable has experienced a dielectric failure, the Customer
supply the failed portion of the Subsegment to UTILX for complimentary failure analysis. UTILX
uses the failure analysis to refine the CableCURE rejuvenation chemistry and injection process.
City of Aspen 2.10.03
15 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
Attachment D-3
CABLECURE WARRANTY CLAIM FORM
CableCURE segment n umber~'-] ~-] ~ ~ ~ ~ U U Failure/Problem Date:
Remittance Address:
Customer:
Attn:
Street:
City, State Zip:
Please check one of the boxes below: Remittance Option:
[] Failure or Workmanship (If you [] Credit for future work
checked this box, please complete [] Refund check
Dielectric Failure Questionnaire
below.)
[] Other-- please explain below
On the sketch below, please fill in the blankS and indicate where the problem was observed:
Loop~circuit designation:
Term 1 X=dielectric failure Term 2 I
designation: O=Construction sp ce designation:
Fl=Other splice
total length . (ft) phase of
Please explain why you are not satisfied. Attach additional sheets as necessary.
Please return this form and any samples to: CableCURE Engineering
Utilx Corporation
22820 Russell Rd
Kent, WA 98032
City of Aspen 2.10.03
16 rev. 10/07/02
Customer: CITY OF ASPEN
Project: DOWNTOWN CABLE REMEDIATION
Date: 11/28/2002
DIELECTRIC FAILURE QUESTIONNAIRE
Approximate time of failure:
Estimated ambient temperature at time of failure: °F
Circuit was: (check only one)
[] Energized & loaded (estimated loading amps);
[] Energized but not loaded
Failure site was: (check only one)
[] Cable only
[] Component (includes cable failures within 6" of component)
If you checked Cable only, please return this form and the failure site to UTILX, There is no need
to continue with the rest of this form,
COMPONENT FAILURE
The failed component is a: (check only one)
[] Splice
[] Elbow
[] Live-front termination
Component manufacturer and model:
The component failed: (check only one)
[] Within moments of the cable being energized
[] As the component was being deenergized
[] While in operation
The failed component: (check only one)
[] No injection port
[] Had an injection cap/plug in place when the failure occurred
[] Had a permanent cap/plug in place when the failure occurred
[] Definitely had neither an injection port/plug nor a permanent cap/plug in place when the failure
occurred
[] Presumably had a permanent cap/plug in place when it failed, but the cap/plug was unseated by
the failure
[] Presumably had an injection cap/plug in place when it failed, but the cap/plug was unseated by
the failure
,.], If possible take a photograph of the failure site as discovered.
"~ Please return one inch the cable still assembled with each failed component.
~ Please return a UTILX warranty tag and any craftsman identification tags that were attached to the
component.
City of Aspen 2.10.03
17 rev. 10/07/02