HomeMy WebLinkAboutENG 22-22Report to Council
Report Number: ENG 22-22
Date: September 20, 2022
From: Richard Holborn
Director, Engineering Services
Subject: Bell Fibre To The Home Project
-Locate Services Agreement
-File: A-1440
Recommendation:
1.That the City of Pickering enter into a Locate Services Agreement with Promark-Telecon
Inc. and Bell Canada to facilitate timely underground locates of streetlight infrastructure
related to the Bell Fibre To The Home project;
2.That the Mayor and City Clerk be authorized to execute the Locate Services Agreement
between the City of Pickering, Promark-Telecon Inc., and Bell Canada in substantially the
same form as attached to this report, subject to minor revisions acceptable to the
Director, Engineering Services and the Director, Corporate Services & City Solicitor; and,
3.That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this report.
Executive Summary: Bell Canada has committed to construct a state of the art fibre optic
network to residents of the City of Pickering. The project, known as Bell Fibre To The Home
(Bell FTTH), will bring broadband internet to approximately 36,000 homes in Pickering
requiring approximately 800 km of civil construction on City roads.
The civil construction is underway and City staff have been advised by Bell Canada staff that
timelines and schedules are being jeopardized due to delay in having streetlight underground
infrastructure located by the City’s streetlight maintenance contractor, Alineutility Limited. In
discussion with both Alineutility Limited and Bell Canada a satisfactory arrangement has been
made whereby Bell Canada, through the services of Promark-Telecon Inc., will take on the
responsibility for streetlight locates that are associated with the Bell FTTH project at no cost to
the City of Pickering. Alineutility Limited will continue to provide streetlight locates for all other
requests in the City.
In order to formalize and commence this arrangement between the City of Pickering, Bell
Canada and Promark-Telecon Inc., a Locate Services Agreement is to be entered into. City
staff recommend that the Locate Services Agreement in substantially the same form as
attached to this report, subject to minor revisions acceptable to the Director, Engineering
Services and the Director, Corporate Services & City Solicitor, be executed by the Mayor and
City Clerk.
ENG 22-22
Subject: Bell Fibre To The Home Locate Services Agreement
September 20, 2022
Page 2
Financial Implications: By entering into this agreement for Promark-Telecon Inc. to be the
service provider of underground locates at Bell Canada’s cost as the requester, the City of
Pickering will not incur any additional costs. The City will actually avoid expenditures typically
incurred through the current streetlight maintenance and electrical locates contract for locates
that are related to the Bell Fibre To The Home project.
Discussion: Bell Canada has committed to construct a state of the art fibre optic network to
residents of the City of Pickering. The project, known as Bell Fibre To The Home (Bell FTTH),
will bring broadband internet to approximately 36,000 homes in Pickering requiring
approximately 800 km of civil construction on City roads.
The civil construction is underway and City staff have been advised by Bell Canada staff that
timelines and schedules are being jeopardized due to delay in having streetlight underground
infrastructure located by the City’s streetlight maintenance and electrical locates contractor,
Alineutility Limited. In City staff’s opinion this is no fault of Alineutility Limited as the impact of a
project of this magnitude was not contemplated during the tendering process for Tender No.
T2021-27 Streetlight Maintenance and Electrical Locates. As much as Alineutility Limited has
done their best to keep pace with their resources at hand, the volume of requests has become
more than what can be reasonably handled in an efficient manner.
Bell Canada has requested assistance from Pickering to de-risk their program and timelines,
by having Promark-Telecon Inc. undertake the Pickering Steetlight locates for the Bell FTTH
project, at Bell Canada’s cost. Promark-Telecon Inc. is currently the service provider for Bell
Canada for other utility locates on the Bell FTTH project in Pickering.
Promark-Telecon Inc. is the largest locate service provider (LSP) in Canada with offices in
Toronto, Ottawa, Montreal, and Edmonton and has more than 600 locators on staff. Promark is
a division of Telecon Inc., one of North America’s largest utility construction, engineering, and
field service providers with coverage across Canada and the USA.
For 25 years, Canadian infrastructure owners and major utility companies have been trusting
Promark-Telecon Inc. to prevent damage to underground infrastructure and avoid costly and
potentially dangerous utility conflicts.
Promark-Telecon Inc. has over 100 contracts in place with utility owners across Canada and is
one of the major contracted LSPs to the Locate Alliance Consortium, a group of utility owners
that work together to contract their locating needs to the higher quality locate providers across
Ontario. Members of this group include Enbridge, Hydro One, City of Toronto, and various
others major utility owners.
Specific to Pickering, Promark-Telecon Inc. is already the exclusive contracted LSP to most
utility owners in Pickering including Durham Region, Enbridge, Bell, and Elexicon. Also, with
regards to streetlight locating, Promark-Telecon Inc. has various contracts in place as the
primary LSP including with the City of Toronto and the Town of Ajax.
In discussion with both Alineutility Limited and Bell Canada, a satisfactory arrangement has
been made whereby Bell Canada, through the services of Promark-Telecon Inc., will take on
ENG 22-22
Subject: Bell Fibre To The Home Locate Services Agreement
September 20, 2022
Page 3
the responsibility for streetlight locates that are associated with the Bell FTTH project only.
Alineutility Limited will continue to provide streetlight locates for all other requests in the City,
and they have indicated acceptance to this arrangement.
In order to formalize this arrangement between the City of Pickering, Bell Canada and
Promark-Telecon Inc., a Locate Service Agreement is to be entered into. City staff recommend
that the Locate Services Agreement in substantially the same form as attached to this report,
subject to minor revisions acceptable to the Director, Engineering Services and the Director,
Corporate Services & City Solicitor be executed by the Mayor and City Clerk.
Attachments:
1.Draft Locate Service Agreement
Prepared/Approved/Endorsed By:
Original signed by:
Richard Holborn, P.Eng.
Director, Engineering Services
Original signed by:
Paul Bigioni
Director, Corporate Service & City Solicitor
RH:mjh
Recommended for the consideration
of Pickering City Council
Original signed by:
Marisa Carpino, M.A.
Chief Administrative Officer
1
Attachment #1 to Report ENG 22-22
LOCATE SERVICES AGREEMENT
Effective as of
TBD (the “Effective Date”)
BETWEEN:PROMARK-TELECON INC., a legal
person incorporated under the laws of
Canada having its head office at 9500
Boulevard Parkway, Anjou, QC H1J
1N9;
Hereinafter referred to as the “Service
Provider”
AND:
AND :
The Corporation of the City of Pickering
a a municipal corporation having its offices
at One The Esplanade, Pickering, ON
L1V 6K7;
Hereinafter referred to as the “Client”
BELL CANADA, a telecommunications
company incorporated under the laws of
Canada having its head office at 1
Carrefour Alexander, Graham Bell Tour
A-7, Verdun, Quebec, H3E 3B3
Hereinafter referred to as the
“Requestor”
Hereinafter collectively referred to as the
“Parties” and separately a “Party”;
...........................................................................................................................................
WHEREAS the Client wishes to retain the services of the Service Provider for the purpose of conducting underground infrastructure locating ;
WHEREAS the Service Provider wishes to offer its services and expertise to the Client
following the processes provided in Schedule A;
WHEREAS the Parties wish to set out in writing the terms of their agreement in this Locate Services Agreement (the “Agreement”);
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NOW THEREFORE, T HE PARTIES AGREE AS FOLLOWS:
As used herein, “the Agreement”, “this Agreement”, “herein” and “hereto” are
references to this Agreement between the Client and the Service Provider and the
Schedules attached hereto which form a part hereof and are incorporated herein by
reference;
The Preamble forms an integral part of this Agreement.
1. DEFINITIONS
1.1 “Contract Documents”: means and includes, for the Project to be undertaken
by the Service Provider,
1.1.1 this Agreement, including any schedules and amendments thereto;
1.1.2 the plans, quotes and addendums;
1.1.3 the Request
1.1.4 any other document related to the Project sent from the Client to the
Service Provider.
1.2 “Service Provider”: means Promark-Telecon Inc., its employees, its
subcontractors and their employees.
1.3 “Requester”: means Bell Canada, its employees, its subcontractors and their
employees
1.4 “Client”: means the Client above-mentioned, its employees, its subcontractors
and their employees.
1.5 “Business Hours”: means the hours from 7:30am to 4:30pm Monday to Friday,
except holidays.
1.6 “Party”: means, in its singular form, individually any once of the above-
mentioned Service Provider, Client or Requestor.
1.7 “Parties”: means, in its plural form, together two or more of the above mentioned
Service Provider, Client or Requestor.
2. PURPOSE
This Agreement establishes the respective obligations of the Parties hereto and
specifies certain terms and conditions for the execution of a project to be carried
out by the Service Provider;
3. SERVICES
3.1 The Service Provider will provide the following serv ices (the ‘‘Services’’):
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a) Identify the location of an underground infrastructure by using pickets, flags or
painted strips to mark the ground (‘‘Mark’’ or ‘‘Marking’’)
b) Provide a form to the Requester indicating if the locate has been completed
and, if applicable, the location of the underground infrastructure (the “Locate
Report”).
The Services will be provided in accordance with the procedures defined
hereunder.
3.2 Requests for locates (the “Locate Request”) will be initiated by a Requester and
directly issued from Ontario One -Call to the Service Provider.
3.3 The Client will provide the Service Provider with accurate and up-to -date facility
records, in digital format, of all its underground infrastructure owned by the
Client. (the ‘‘Supplied Records”). The Client acknowledges and agrees that
the requirement to complete the Services in accordance with the terms and
conditions of this Agreement is conditional and dependent upon the provision of
the Supplied Records.
3.4 The Service Provider will dispatch a damage prevention technician (the “Utility
Locator”) to the site to complete the Locate Request.
3.5 Once the Marking is completed, the Utility Locator will close the Locate Request
and the Locate Report will be sent directly to the Requester via email or fax, as
applicable. A copy of a Locate Report may be sent to the Client, upon request.
A Locate Report is valid for the period defined on the Locate Report.
3.6 It is understood that the Service Provider will not open or enter any manhole,
catch basin, maintenance vault, or any municipal electrical device including
streetlight pole handwell(s) for the purposes of obtaining an electrical connection
point or completing a Locate Request.
3.7 The Service Provider will not enter any privately-owned residence, business or
other premises to create an electromagnetic connection point for the purposes
of completing a Locate Request.
3.8 The Client’s underground infrastructure will be located per the Supplied Records
and conventional electromagnetic locating techniques.
3.9 When Supplied Records are unavailable to perform any part of the Services, the
Utility Locator will consult with a representative of the Client. Upon such
consultation, the Utility Locator may Mark the ground following instructions from
the representative of the Client. The Client acknowledges and agrees that the
Client waives any obligation, liability, right, claim or demand in either contract or
tort arising either directly or indirectly from the Service Provider’s Marking
following consultation with a representative of the Client. The Requestor
acknowledges and agrees that the requirement to complete the Services in
accordance with the terms and conditions of this Agreement is conditional and
dependent upon the provision of the Supplied Records or information provided
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through the above consultation with a representative of the Client as per
Schedule A.
4. TERM OF THE AGREEMENT
4.1 The term of the Agreement shall be from the Effective Date until February 24,
2024 (the “Term”), unless terminated earlier in accordance with this Agreement.
4.2 The initial term may be extended by mutual written agreement upon the same
conditions herein for a period of twelve (12) months, unless one Party has
delivered to all Parties, at least thirty (30) calendar days prior to the end of
the initial term, written notice of its decision not to extend the term.
4.3 The termination of the Agree ment shall not affect the survival and
enforceability of any provision of the Agreement which is expressly or implicitly
meant to survive such termination.
5. PRICING
5.1 In consideration of the performance of the Service Provider’s obligations in
accordance with the terms and conditions of this Agreement, the Requestor
agrees to pay the Service Provider the applicable rates set out in the Locate
Services Agreement, Contract No. C011330, in force between the Requestor and
the Service Provider, for any and all work perfo rmed by the Service Provider
under this Agreement.
5.2 All amounts referred to in this Agreement are in Canadian dollars ($CAD) and are
payable in Canadian dollars ($CAD)
5.3 The Service Provider shall submit monthly detailed invoices to the Requestor
identifying price per segment/unit per utility.
5.4 The Requestor shall pay the Service Provider within thirty (30) days following the
issuance of an invoice by the Service Provider.
5.5 The Client shall not be responsible for any payment or non-payment of services
provided by the Service Provider in performing a Locate Request under this
Agreement. 6. SERVICE PROVIDER’S INSURANCE
6.1 Service Provider shall, at its own expense, maintain and keep in full force for
the Term of the Agreement:
6.1.1 commercial general liability insurance having an inclusive coverage
limit, including personal injury and property damage, of at least
$2,000,000.
6.1.2 automobile liability insurance on all vehicles used in connection with
the Agreement or the performance of the Services and such insurance
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shall have a limit of at least $2,000,000 in respect of bodily injury
(including passenger hazard) and property damage inclusive in any
one accident, either in a single policy or a primary policy with an excess
or umbrella policy.
7. FORCE MAJEURE “Force Majeure” means any event that causes a failure of or delay in performance of a Party’s obligations under this Agreement to the extent that such event is beyond the reasonable control of the Party or Parties, as the case may be, claiming to be affected, including fire, flood, earthquake, acts of God or similar cataclysmic occurrences, abnormally inclement weather conditions, explosion, acts of public enemy, war, civil unrest, terrorism, riots, quarantines, pandemics, epidemics, embargoes, utility shortage or interruptions, and provided such failure or delay could not have been reasonably anticipated and prevented by reasonable precautions on the part of the Party or Parties claiming to be affected. No Party shall be considered in default of this Agreement if and to the extent a Party or Parties, as the case may be, are prevented from performing its obligations by a Force Majeure event, provided that the affected Party or Parties provide written notice of such circumstance(s) to the other Party or Parties, and makes reasonable and diligent efforts to eliminate and/or mitigate such circumstances. 8. LIMITATION OF LIABILITY
8.1 The Requestor hereby acknowledges and agrees that the Service Provider’s liability is limited to the accuracy and completeness of the Supplied Records and the Service Provider will not be held responsible for any ‘‘unknown’’ underground infrastructure that are not Marked because of the unavailability, incompleteness or inaccuracy of the Supplied Records.
8.2 The Client hereby acknowledges and agrees that the Service Provider shall not be liable to indemnify the Client for any damage to underground infrastructure for a Marking made incorrectly following consultation with a representative of the Client as per Schedule A, except to the extent that any damage to underground infrastructure is caused directly by the Service Provider or Utility Locator’s negligence.
8.3 The Service Provider shall only be held responsible for material damages that are a direct result of inaccurate locating or any other direct negligence on behalf of the Service Provider or Utility Locator.
8.4 The Service Provider shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, including loss of revenue and loss of profits, regardless of the form of action, whether in contract or in tort, including negligence, even if a party has been advised of the possibility of such damages.
9. TERMINATION
9.1 Each of the Parties may terminate this Agreement by giving a written notice
of thirty (30) days to all other Parties. If this Agreement is terminated pursuant
to this section, and provided the Service Provider is not otherwise in default, the
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Requestor shall pay the Service Provider for all Services performed in
accordance with the provisions hereof up to the effective date of termination.
10. MISCELLANEOUS PROVISIONS
10.1 Notice . Except as otherwise provided in certain sections of the Agreement, any
notice required herein shall be sufficient if it is in writing and sent by a means of
communication enabling the sender to prove that the notice was in fact
delivered to the recipient at the address set out herein for such Party or at
any other addre ss which such Party may provide in writing to the other Party:
If to the Service Provider:
PROMARK-TELECON INC.
9500 Boulevard Parkway
Anjou, QC H1J 1N9
Email: jtrapani@promark-telecon.ca
If to the Client:
THE CORPORATION OF THE CITY OF PICKERING
One The Esplanade
Pickering, ON L1V 6K7
Email: clerks@pickering.ca
If to the Requestor:
BELL CANADA
1 Carrefour Alexander Graham Bell Tour A-7
Verdun, Quebec H3E 3B3
Email: ken.butt@bell.ca
10.2 Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein. The Parties hereby attorn to the jurisdiction of the courts of
the Province of Ontario.
10.3 Counterparts. The Agreement may be signed in several counterparts, and, as
the case may be, each of them when so signed shall be deemed to be an
original. Such counterparts shall, however, represent one and the same
document.
10.4 Amendment. The Agreement may be amended at any time by mutual consent
of the Parties. However, any amendment shall be set forth in writing and signed
by each of the Parties to the Agreement. It shall take effect on the day of its
recording in a written instrument duly signed by the Parties and attached to the
Agreement.
10.5 Assignment. This Agreement shall enure to the benefit of, and shall be binding
on, the Parties and their respective successors and permitted assigns, provided
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that the Parties may not assign this Agreement or any of its rights or obligations
hereunder without the prior written consent of the other Party, such consent not
to be unreasonably withheld. No such permitted assignment of this Agreement
or any of its rights or obligations hereunder shall relieve the Parties from any of
their obligations under this Agreement. Assig nment Prohibition. The Parties
undertake not to sell, transfer, assign or otherwise dispose of any asset,
property, right or privilege granted pursuant herewith.
10.6 Independent Contractors. The Parties hereby confirm that they are entering
into the Agreement as independent contractors and that nothing in the
Agreement should be interpreted or construed in such a manner as to create a
partn ership, joint venture, mandate or employment relation of any kind between
them.
10.7 Precedence. The Agreement reflects the entire understanding between the
Parties. It supersedes all other written or verbal promises or covenants made
prior to its signing in addition to any schedules hereto attached and all
amendments agreed upon by the Parties which do not comply with Section 8 of
the Agreement.
10.8 Severability. In the event that any provision of the Agreement is deemed to be
invalid or unenforceable, such provision shall, whenever possible to do so, be
interpreted, construed, limited or if necessary, severed to the extent necessary
to eliminate such invalidity or unenf orceability. All the remaining pro visions of
the Agreement shall remain valid and continue to bind the Parties.
10.9 Consent. Except as otherwise provided in the Agreement, any consent required
herein shall be confirmed in writing.
10.10 Language of the Agreement. The Parties acknowledge that they have required
that this Agreement and all related documents be prepared in English. Les
parties reconnaissent avoir exigé que la présente convention et tous les
documents connexes soient rédigés en anglais.
[Signatures on the following page]
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ACCEPTED AND SIGNED THIS ______ DAY OF _________________ 2022. THE CORPORATION OF THE CITY OF PICKERING
________________________
Name: David Ryan, Mayor
________________________
Name: Susan Cassel, City Clerk
PROMARK-TELECON INC. ________________________
Name: Josie Trapani
Title: Director of Operations
BELL CANADA
________________________
Name: Ken Butt
Title: Senior Manager, Network Provisioning
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SCHEDULE A
STATEMENT OF WORK
Records: The Client will provide the Service Provider with up-to-date records of all owned
buried plant. The locator must review and verify all available records/drawings before
completing a locate. If at any time the locator is unable to access any records, they must
contact their supervisor to request these files.
Procedure: The locator is to use an active locating method such as direct connect to locate
any streetlight cables. In the event an active signal cannot be produced a passive signal
such as 60hz power mode can be used as well as induction but only in the event it matches
the records, and the supervisor is aware of the prescribed method. If at any point for an
active or passive signal the tone does not match the records the locator must immediately
contact a supervisor so that they can contact the Client for assistance.
Marking: All Marking practices will coincide with the ORCGA Best Practices.
Demarcation points: Services beyond the demarcation point are customer owned, and
the excavator will require a private locate. The locator will contact their supervisor who will
in turn contact the Client if assistance is required in identifying demarcation points or asset
ownership. If there is any conflicting information regarding ownership the locator must call
a sup ervisor for assistance.
Tone vs Records: If in the event the locator tones something different than what the
records indicate, they must contact their supervisor who will then contact the Client for
assistance. In an after-hours emergency, an on-call Client representative will be notified
and advise on how to proceed.
Marking as per records only: When marking Streetlight as per record only, the locator
must indicate that they have marked as per records only by using the below terminology
on their sketch. If streetlights are found to be untonable, the locator must call a supervisor
for assistance. When there is a conflict with the records, the locator must notify the
supervisor to clarify with Client before proceeding to complete the locate.
• "Marked as per Client records, hydro-vac or hand dig to verify location".
Records Corrections: The Locator must immediately report any discrepancies or errors
found in field conditions or Records supplied by Client.
Access: Access is prohibited always to the following: manholes, streetlight poles, hydro
room, hand wells. If the locator determines they need access, they must contact their
supervisor to contact the Client for assistance.
–Streetlight Access:
If access is required inside of the streetlights, a Client Representative will meet our locator
on site and perform the necessary, hook ups for them. In the event the locator can only
mark Streetlights by their signal, the Client will take ownership of liability.
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