HomeMy WebLinkAbout2025-06-24; City Council; 07; Agreement with Utiliquest, LLC to Perform DigAlert Mark-Out Services for Traffic SignalsCA Review TL
Meeting Date: June 24, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Nestor Mangohig, Senior Engineer
nestor.mangohig@carlsbadca.gov, 442-339-2504
Subject: Agreement with Utiliquest, LLC to Perform DigAlert Mark-Out Services for
Traffic Signals
Districts: All
Recommended Action
Adopt a resolution authorizing the City Manager or designee to execute an agreement with
Utiliquest, LLC to perform DigAlert mark-out services for traffic signals in an amount not to
exceed $160,000 per agreement year during the initial two-year term of the agreement and
authorizing the approval of up to three one-year term extensions.
Executive Summary
Utility mark-outs are colored markings on the ground used to identify underground utilities,
helping to prevent damage to underground infrastructure and ensuring worker safety.
California law requires utilities be marked out before digging and excavating can begin. In
Southern California, information on underground utilities is tracked and shared through
DigAlert, a non-profit organization.
The city uses mark-outs and DigAlert to show the location of the underground conduits that
provide electricity to traffic signal equipment and carry the digital information that allow for
remote monitoring and control of the city’s traffic signals.
The City Council is being asked to approve a two-year contract with Utiliquest, LLC to continue
to perform this service for an amount not to exceed $160,000 per agreement year.
The City Council’s approval is required for this agreement under Carlsbad Municipal Code
Section 3.28.040(D)(1) because these services will cost more than $100,000 per agreement
year.
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Explanation & Analysis
Utiliquest, LLC currently performs mark-out services for the city’s traffic signal conduits under
an agreement that expires June 30, 2025.
•On April 7, 2025, staff published a request for proposals to perform contract mark-out
services in accordance with Carlsbad Municipal Code Sections 3.28.050 and 3.28.060,
which apply to the procurement of goods and services.
•Staff received three proposals from contractors on May 6, 2025.
•Staff evaluated the proposals based on best-value criteria, as required by Carlsbad
Municipal Code Section 3.28.050(D)(2). This evaluation considered the bidders’:
o Qualifications and experience providing municipal service
o The cost of services
o Ability to provide services in San Diego County
o Ability to share information and pictures detailing individual incidents
o Knowledge of city, state and federal procedures
o Ability to provide timely service.
•Based on these standards, staff determined that Utiliquest, LLC will provide the best
value to the city in an amount not to exceed $160,000 per agreement year.
The contract has an initial two-year agreement period with three possible one-year extensions
for a total maximum agreement period of five years.
Fiscal Analysis
Sufficient funding is available in the fiscal year 2025-26 traffic signal system operating budget to
cover this agreement.
Next Steps
Upon the City Council’s approval, staff will execute the agreement with Utiliquest, which will
continue to provide the mark-out service for the city without interruption.
Environmental Evaluation
The proposed action is not a “project” as defined by the California Environmental Quality Act
(CEQA) Section 21065 and CEQA Guidelines Section 15378(a) and does not require
environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited
to the execution of an agreement to perform DigAlert mark-out services for traffic signals. The
action has no potential to cause either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
Exhibit
1.City Council resolution
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Exhibit 1
RESOLUTION NO. 2025-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
AN AGREEMENT WITH UTILIQUEST, LLC TO PERFORM DIGALERT MARK-OUT
SERVICES FOR TRAFFIC SIGNALS IN AN AMOUNT NOT TO EXCEED $160,000
PER AGREEMENT YEAR DURING THE INITIAL TWO-YEAR TERM OF THE
AGREEMENT AND AUTHORIZING THE APPROVAL OF UP TO THREE ONE-
YEAR TERM EXTENSIONS
WHEREAS, the City Council of the City of Carlsbad, California requires a contractor to perform
DigAlert underground service alert, or DigAlert, mark-outs for traffic signals; and
WHEREAS, on April 27, 2025, the city published a Request for Proposals in accordance with
Carlsbad Municipal Code, or CMC, Sections 3.28.050 and 3.28.060; and
WHEREAS, on May 6, 2025, staff received three proposals; and
WHEREAS, per CMC Section 3.28.050(D), a committee consisting of Public Works staff reviewed
and rated the proposals based on best-value criteria; and
WHEREAS, staff determined that Utiliquest, LLC was the highest-rated contractor based on the
predetermined best-value criteria; and
WHEREAS, staff recommend approving an agreement with Utiliquest, LLC in an amount not to
exceed $160,000 per agreement year for an initial two-year term with three additional optional one-
year terms; and
WHEREAS, sufficient funding is available in the fiscal year 2025-26 traffic signal system
operating budget request to cover this agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the proposed action is not a “project” as defined by the California Environmental
Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not
require environmental review under CEQA Guidelines Section 15060(c)(2) because the
action is limited to the execution of an agreement to perform DigAlert mark-out services
for traffic signals. The action has no potential to cause either a direct physical change in
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the environment or a reasonably foreseeable indirect physical change in the
environment.
3.That the City Manager or designee is authorized and directed to execute an agreement
with Utiliquest, LLC (Attachment A) in an amount not to exceed $160,000 per agreement
year for the initial two-year term.
4.That the City Manager is authorized to extend the agreement for up to three subsequent
one-year terms.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 24th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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AGREEMENT FOR DIGALERT USA CASE REVIEW AND MARKOUT SERVICES FOR TRAFFIC SIGNALS
SERVICES
UTILIQUEST, LLC
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2025, by and between the City of Carlsbad, California, a municipal
corporation ("City") and Utiliquest, LLC, a limited liability company ("Contractor").
RECITALS
A.City requires the professional services of a consultant that is experienced in DigAlert USA
Case Review and Markout Services for Traffic Signals.
B.Contractor has the necessary experience in providing professional services and advice
related to DigAlert USA Case Review and Markout Services for Traffic Signals.
C.Contractor has submitted a proposal to City under Request for Proposals No. RFP25-
3670TRAN and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1.SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this
Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3.TERM
The term of this Agreement will be effective from the date first above written to June 30, 2027. The City
Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts
thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4.TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
one hundred sixty thousand dollars ($160,000). An annual increase to the Agreement is based on the
preceding 12-month percentage change in the Consumer Price Index, San Diego Area as reported by the
Bureau of Labor Statistics or 5.0%, whichever is lower. No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. If the City elects to
extend the Agreement, the amount shall not exceed one hundred sixty thousand dollars ($160,000) per
Agreement year. Payment terms are NET 30 unless provided otherwise in Exhibit “A”. The City reserves
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the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
City only as to the result to be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct
the indemnification amount from any balance owing to Contractor.
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8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work
described herein caused by any willful misconduct or negligent act or omission of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City’s self-administered workers’ compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
11.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations
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under this Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
11.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.”
11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant
to the Notice provisions of this Agreement.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then City will have the option to declare Contractor in breach, or may purchase replacement insurance or
pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor
is responsible for any payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor under this
Agreement.
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11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and
certified copies of any or all required insurance policies and endorsements.
12. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
14. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of City. In the event this Agreement is terminated, all work product produced
by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered
at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s
records.
15. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor
relinquishes all claims to the copyrights in favor of City.
16. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
For City For Contractor
Name Nestor Mangohig Name Nicke Starke
Title Senior Engineer Title Sr. Director of Client Solutions
Department Public Works Address 2575 Westside Parkway, Suite 100
City of Carlsbad Alpharetta, GA 30004
Address 1635 Faraday Avenue Phone No. 770-670-9416
Carlsbad, CA 92008 Email Nick.starke@utiliquest.com
Phone No. 442-339-2504
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
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17. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service
Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest,
as that term is defined in Labor Code Section 1771.8(a)(2) does not exist.
Yes ☐ No ☒
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
18. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
21. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended
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by each party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
22. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of
termination of this Agreement by either party and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent
fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the
False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
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25. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without regard
to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of
the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a
court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all
provisions of law providing for a change of venue in these proceedings to any other county.
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of City, which shall not be
unreasonably withheld.
27. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
28. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
[signatures on following page]
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PSA25-3861TRAN
City Attorney Approved Version 2/11/2025
Page 9
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California UTILIQUEST, LLC, a limited liability company
By: By:
(sign here)
KEITH BLACKBURN, Mayor
Thurman Smith, President
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
MORGEN FRY, Assistant City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: _____________________________
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City Attorney Approved Version 2/11/2025
Page 10
EXHIBIT A
SCOPE OF SERVICES AND FEE
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UtiliQuest, LLC. 2575 Westside Pkwy, Alpharetta, GA 30004 | Tel. 678.461.3900
May 6, 2025
City of Carlsbad Request for Proposal RFP25-3760TRAN – UtiliQuest Response:
1. Executive Summary
UtiliQuest, LLC is a leading provider of damage prevention solutions and
infrastructure related services across the United States. The company has operated
as a utility locating services provider since 1985, and its services include
engineering, planning, drafting, utility locating and other technical services provided
to major electric, gas, telecommunication, and water/sewer companies.
UtiliQuest grew through acquisitions of the locating divisions of Byers Engineering
Company formed in 1971, Kelly Cable Corporation in 1998 and Underground
Technology Incorporated (UTI) in 2002. In December 2003, UtiliQuest became a
wholly owned subsidiary of Dycom Industries NYSE Symbol (DY). Dycom is a leading
national provider of engineering, construction, maintenance, and locating services to
telecommunications, electrical, cable television and gas operators.
UtiliQuest has over 2,100 personnel working from 23 offices in 17 states and the
District of Columbia. The company’s corporate office is located in Alpharetta,
Georgia.
UtiliQuest’s experience, innovation, and commitment to providing value-added
services has resulted in safer excavations, reduced damages, improved data
accuracy and lower cost services for our many clients across the country. This
commitment and the people behind it are the foundation of UtiliQuest’s quality
performance in the utilities protection industry.
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2 and 3. Consultant Experience and Project Team
UtiliQuest, as the City of Carlsbad current underground utility locating and damage prevention
supplier, has multiple clients in the State of California with similar scope and complexity. These include the City of Corona, City of Oceanside, City of Santa Barbara, AT&T, Frontier, San Luis Obispo, Southern Cal Edison, and many other large utility providers. UtiliQuest has been
performing work in California for over 3 decades and are led by the Project Team identified
below:
Thurman Smith - President, joined UtiliQuest in 1998. He has over 25 years of experience in the locating industry including managing at all levels from supervisor up to his Executive
Leadership role. He is actively involved in the damage prevention community serving on the
Advisory Committee’s in States throughout the U.S and in the Common Ground Alliance where he is Co-Chair of the National CGA Best Practice Committee.
Willy Stewart – Vice President of Operations. Willy has over 35 years of experience in the
locating industry including managing local operations and leading multistate, multi-customer operations teams. He is responsible for all aspects of customer service for our west coast operations.
Kev Bagoian - Director of Southern California Operations. Kev brings over 31 years of locating industry experience. Kev is a member of National Utility Locating Contractors Association and Common Ground Alliance.
Jesus Gonzalez- Manager of Operations. Jesus has over 20 years of experience in the locating
industry, including different departments such as claims, training, and daily operations. He is responsible for the local operations of San Diego and Orange Counties.
Nick Starke – Senior Director of Client Solutions, came to UtiliQuest in 2015 and is a direct contact for all UtiliQuest clients. He brought with him over 13 years of damage prevention
industry experience and works with all the clients that UtiliQuest serves. He also proudly serves
as the Common Ground Alliance's Co-Chair on the Technology Committee and supports multiple national initiatives to promote the damage prevention industry.
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UtiliQuest, LLC. 2575 Westside Pkwy, Alpharetta, GA 30004 | Tel. 678.461.3900
4. Project Approach
UtiliQuest Ticket Management & Locate Process
The internal ticket management process begins when the One Call Center transmits a
ticket(s) to the UtiliQuest Server(s) on behalf of our clients. These tickets are received into UtiliQuest’s proprietary Ticket Management System (Q-Manager). The Q-Manager System is compatible with One Call Centers and Customer specific Ticket Management Systems
across the United States, and we have been members of 811 Call Centers for many years.
Q-Manager also provides a mechanized process which enables real time visibility from
ticket receipt to dispatch to completion to tracking and retrieval as necessary.
Once a ticket is received, Q-Manager sorts and auto routes it to the appropriate Technician’s work bucket (inside Q-Manager). This process from ticket delivery to assigned
Technician occurs in real time (seconds) and once assigned to the Technician it is available
for work completion. This is essential in the case of emergency or other short notice request, but it also is the beginning of our workload management process.
Before discussing the ticket/workload management process it is important to understand
the organizational structure and how this structure supports the process. UtiliQuest’s
management structure is designed from the locating technician level up, with field technicians supported by lead technicians reporting to a supervisor. Our supervisors report to a manager and the manager reports to a Director of Operations. All regions are led by a
VP Operations and the Directors report to the VP. To ensure quality and integrity in the
process the Quality Assurance team reports to a Quality Assurance Manager who reports
to a Director who is responsible for Quality Assurance, Regulatory Compliance, Training and Safety support. This position also reports to the VP.
Typically, a Lead Tech is responsible for supporting his team, and is in close proximity to,
4-6 Field Technicians. Supervisors typically have 2-4 Lead Techs with a total of 10-15
directs reports. Managers have 4-8 Supervisors, and the Director has 2-4 Managers reporting to them. From an operational standpoint this structure provides excellent support for safety, quality, on time performance, efficiency, and essential personnel management requirements. Complimented by the supporting organization, this gives
management visibility and control in managing processes including ticket management.
Once the ticket is placed into the correct work bucket the process to manage and complete the ticket within the required time frame begins. In most cases the field technician initially assigned the work will complete the work. The process of managing overall workload and completion timeliness then falls to the Supervisor and Manager with work load adjustments
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made within each of these assigned areas of responsibility. Example: A Lead Tech supporting 5 Locating Technicians has an influx of work in 2 Technicians areas but has spare capacity within the other 3 techs areas. Management would review work and assign (move
tickets) from the overloaded techs to the techs with lighter loads balancing the work and
enabling completion timeliness and efficiency. If this Lead Tech’s team all had excessive
due dated work, then management would similarly move work between Lead Tech areas. This intensive review of work occurs daily in all groups, focusing on due today and due tomorrow work. The process of balancing work continues to the Manager for balancing the
Supervisor Groups and the Director and the VP balancing on larger scales if necessary.
In the process, management decisions are also made to use overtime as
appropriate and to make staffing adjustments to address longer term volume
increases.
Each day the Field Technician will review, sort, and route their assigned work to build an efficient route and to meet time commitments (customer or excavator request). Once the technician arrives at the work site and safely parks, he/she will review the ticket specific
requirements and marking instructions, pull and review the facility records, review the
work site for safety and visible evidence of facilities and then proceed to utilize the state of
the art locate equipment and locate process to determine the location of lines. The technician would appropriately paint, flag, whisker, offset and place the correct marking designations (marking standards) to identify the location of the below ground facility(s).
The technician follows the UtiliQuest Pro 10 Step process to verify and validate that all
appropriate steps have been completed. The technician would then take “pre-excavation”
photo’s documenting their work and providing supporting material for the Quality Assurance process (outlined in the Quality Assurance Program Section of this RFP). The technician would then sketch the location of the marked facilities and appropriately status
(i.e., Marked, no conflict etc.) the ticket and proceed to “close” the ticket in Q-Manager.
The closing process includes the upload with system validated time and date stamps for
the photos, sketch, and work completion status. Once closed the ticket information is updated and transmitted to all required entities; these may include the One Call Center, Customers Ticket Management System; excavators via email and other required
notifications. The completed ticket, along with the attachments is then available for review
(and any appropriate actions) by management, field auditors and customers via the Client
Portal.
In summary, the ticket management process involves the system (Q-Manager), the field
technician, lead tech, supervisor, manager, and the audit team and provides management
oversight at all levels via reports and data retrieval capabilities. System integrity is controlled
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via internal SOCS processes with access and input/update permissions established which allows
the proper activity at the correct level and ensures integrity throughout the process.
Quality Assurance Program
UtiliQuest’s Quality Assurance program is focused on creating a culture that drives exceptional
behaviors and performance and consists of an internal quality audit process detailed below.
Audit Process:
The results and findings from completed audits are summarized and reviewed weekly by
management through a quality review board process. The review board sessions are conducted
with the technician and supervisor discussing the details of the findings, identifying the root
cause and taking required corrective actions. Quality errors resulting in damages are reviewed
by senior management with local field management on a weekly basis. The review process is
focused on eliminating damages by determining the root cause and taking corrective actions.
When a damage occurs, UtiliQuest will send a Damage Investigator to the damage site. The
Damage Investigator is specifically trained to gather the facts of the locate and damage. The
Damage Investigator will communicate with the locate technician responsible for the locate and
request information on what steps the technician took to perform the locate. Based on the
Investigators findings, a determination will be made if the locate technician requires additional
training on the locate processes. Each locator is tracked on damages that occur for locates they
perform. Damage Investigators and Quality auditors will focus efforts to further train locators
focusing on trending damage investigation findings.
Quality Control Auditor Process
Initial Quality Control Audit of a Technician
1. Select sample of Technicians completed tickets. Samples of technicians completed
tickets are selected each based on following hierarchy:
High Profile Facility
Tickets Cleared without site visit
Completed Tickets with multiple facilities to locate
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Tickets Identified as High Risk by Predictive Analysis (Information from Quality
Assurance Manager)
Other
2. A Quality Audit is performed for each ticket being audited prior to showing up at site.
The information on the form shall include:
Name of Technician
Ticket Number being Audited
Audit Date
Supervisor
Center Code
Auditor
3. Arrive on Site
Review Completed Locate Ticket Documentation for:
Correct Address
Locate Due Date
Photos attached
Facility Plats attached
Locate Technician Notes
Locate Technician Discussion Documentation
Ticket Scope of Work
Ticket Special Instructions
Ticket Status/Response
Ticket Clients to Mark
4. Re-create Field Locate
Hook up to Utility access points and verify locate technician’s marks in the field
for the following:
Accuracy
All Facilities are Marked for all UtiliQuest. Clients listed on ticket
Entire Scope of Ticket Completed
All Facilities are Marked consistent with Plat information
Marks consistent with all visible Utility Structures
Marks are per Utility Standards
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NOTE 1: ANY FAILURE IDENTIFIED FROM THE ITEMS ABOVE WILL BE
IMMEDIATELY CORRECTED IN THE FIELD BY THE QUALITY CONTROL AUDITOR
AND FOLLOWED UP WITH A SITE MEETING WITH THE LOCATE TECHNICIAN AND
SUPERVISOR FOR COACHING AND MENTORING. SITE MEETING WILL BE
CONDUCTED AT LOCATE TECHNICIANS PRESENT WORK LOCATION SO
OBSERVATION CAN BE CONDUCTED AND MINIMIZE INTERUPTION OF
TECHNICIANS PRODUCTION.
NOTE 2: IF TICKET STATUS WAS CLEARED AND FACILITIES WERE IDENTIFIED AND
MARKED DURING RE-CREATION OF LOCATE, TICKET STATUS MUST BE CHANGED
IMMEDIATELY AND CONTRACTOR NOTIFIED OF STATUS CHANGE
5. Review Locate Technicians Ticket Documentation to Re-Created Field Locate Results
Do Photos show complete locate area and paint
Is Ticket Status Correct
Are Plats attached
Are Notes Clear and Concise
6. Quality Control Auditor shall complete the QC Audit Form identifying Pass/Fail grades
for each Audit question and ticket audited. For failed results discovered during the
Audit, QC Auditor shall select Quality Control Defects from the drop-down menu. The
Completed Audit form shall be “SAVED”.
7. Following completion of Audited Tickets for each Technician, the completed Audit forms
and summary report shall be transmitted to the Technicians supervisor for mentoring.
8. Quality Control Auditor shall review Ticket Audit results with the technician the day the
audits are performed and completed. The Supervisor has the responsibility to continue
mentoring and coaching the Technician on Quality Defects identified during the Audit.
Follow Up Quality Control Audits of a Technician
1. Quality Control Auditor shall review the previous audit summary reports for the
Technician being Audited.
2. Quality Control Auditor shall follow the process for the initial audits of technicians.
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3. Following completion of Follow up Audit, Supervisor and QC Auditor shall meet to
discuss the Technician’s progress in eliminating Quality Defects. CORRECTIVE ACTION
PLAN SHALL BE DEVELOPED BY THE SUPERVISOR AND QUALITY CONTROL AUDITOR
WITH VERIFIED ACCEPTANCE OF PLAN BETWEEN SUPERVISOR AND QC AUDITOR, AND
SUPERVISOR AND TECHNICIAN. CORRECTIVE ACTION PLAN WILL IDENTIFY
PAST AUDIT QC DEFECTS (SUMMARY REPORT), PLANNED DATES OF SUPERVISOR VISITS
WITH TECHNICIAN FOR MENTORING AND VERIFIED SIGNATURES MENTORING TOOK
PLACE AND AGREED UPON NEXT AUDIT PERIOD WINDOW.
Quality Defect Review Meeting Coordination
1. Quality Control Auditor shall conduct a review of summary results of audits conducted
with the Director of Quality Assurance and Profit Center Manager. The agenda shall
include as a minimum, the following topics:
a. Quantity of Audits performed
b. Techs Audited
c. Review previous weeks required action items and verification that actions occurred
and were completed (supervisor mentoring, action plan dates met, etc.)
d. Review of most common occurring Quality Defects and trend review
e. Review of highest risk Quality Defects and Technician identified with the high-risk
defects
f. Review of Action Plans initiated based on present week results
g. Review Supervisor actions required for this week’s completed audits
h. Review of next week activities and audits planned for next week
i. Identify training needs for profit center technicians based on trending QC defects
5. Schedule
UtiliQuest, as the City of Carlsbad’s current underground utility locator, will continue to
provide the existing services to fulfil the requirements of the contract. Our operations
Manager Jesus Gonzalez will continue to provide the technicians in his staff to manage this
project and has the full support of Kev Bagoian, our operational Director.
6. Hours
UtiliQuest manpower to support this contract is in place and the hours projected to fulfill the
contract requirements will be met based on Ticket load received by UtiliQuest.
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7. UtiliQuest’s privacy policy does not allow sharing employee resumes. Bios are included above in the Project Team section of this proposal.
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RFP DUE DATE: MAY 6, 2025
PAGE 6 OF 21
Page 6
CONTRACTOR’S STATEMENT OF TECHNICAL EXPERIENCE AND REFERENCES
The Contractor is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill and
business standing. The Contractor is required to provide reference(s) where work was performed
within the past three (3) years of a similar size and nature to this contract. An attachment can be
used.
Date of Ag
Contract
Completed
Name and Address
of the Employer
Contact Persons Name
and Telephone Number
Type of
Work
Amount
of
Contract
6/15/2021 - City of Carlsbad CA Nestor Mangohig Present 442.339.2504 Traffic Signal
2/14/2011 Southern California Edison John Cuviello Present 714.895.0314
6/4/2018 - AT&T California Communications Confidential
Communications Locating
Present
Confidential
$124,000/yr
(approx)
Kevin Cavenaile
kc2951@att.com Locating
Locating
-
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PAGE 16 OF 21
Page 16
EXHIBIT “A”
SCOPE OF SERVICES
Consultant to submit invoices on a monthly basis for the following:
ITEM U/M COST
DigAlert Case Review Monthly Flat Rate
Mark-Out/Re-Mark Cost Hour $
Included with the invoice shall be a report detailing:
1. List of cases reviewed, with:
a. Case Number
b. DigAlert USA reference
c. Date/time Opened
2. List of Mark-Outs performed
a. Consultant Work Order or reference number
b. Case Number referenced above
c. Total Work Oder Cost
d. Date closed
$ 10,197.00
78.72
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