Authorization Form

Private Utility Locate Authorization Form

This contract authorizes UPGPR Locating, LLC (hereafter referred to as UPGPR) to perform a private utility locate of objects identified by the client, under the terms and conditions of this contract outlined below. Objects are marked in permanent spray paint unless otherwise directed. Private locating can determine the path of known utilities, and it is not a method of ‘clearing’ areas of utilities nor is it in any way a service to limit or remove liability from excavation. UPGPR charges a fee determined by the activity and shown on our pricing page. These rates are subject to change based on location. Payment to UPGPR is due within a reasonable period of 30 days from the start of work being performed, invoices over 30 days late will be subject to a late fee of 2% per month until paid. In addition, if the payment is not received within 45 days after the date of the invoice and UPGPR must engage our attorney for collection of the unpaid invoice, UPGPR will be entitled to recover all attorney fees, collections fees, and costs associated or incurred to collect the unpaid balances due.

The client hereby agrees to the terms of this contract listed below and requests it to be executed.

1. The client agrees that they have used or will have used 811, the call before you dig service, if applicable, to identify all publicly owned utilities before any excavation work begins.

2. Client acknowledges and agrees that any markings and locations provided by UPGPR are to be used as a supplementary tool only to help assist the client. The surveys and/or reports provided by UPGPR are not intended to be used as a primary guide. The client agrees to take the same care in any construction or excavation work as it would have done if the services of UPGPR had not been provided. By signing the authorization form, the client agrees that they have read and acknowledges the following description of Electromagnetic Locating (EM), Ground Penetrating Radar (GPR), and GPR Concrete Scanning and understands the limitations related.

EM locators utilize an electromagnetic radio frequency transmitter and receiver to identify utility lines. The transmitter sends out a radio signal in a specific frequency, which transmits through the conductive material in an underground pipe, wire, or other piece of infrastructure. Objects which are non-conductive cannot be located with conventional EM, this includes pipes made from plastics, concrete, or terracotta. Objects which block a signal from propagating may significantly impair the accuracy of locating. During EM a signal can bleed onto nearby pipes or be affected by nearby masses of metal, this can affect the accuracy of the locating equipment. The locations and depths given by UPGPR are based on the received signal which can differ from the location of the object emitting the signal. Limitations can occur principally due to utility access points not visible from above ground, utilities not identified by the client, utilities are not present on a given as-built, stacked utilities, or inability to carry an EM signal (mainly due to material of construction, sheathing, or disconnections such as couplers, breaks, or repairs in the line). Only utility lines directly communicated to UPGPR from the client are subject to being marked.

GPR is a non-destructive imaging method that works by sending radio signals into the ground and reading how they bounce off materials. The strength and timing of the reflections are recorded to create a scan. The level of penetration depends on the materials being assessed, the conductivity of the soil, and the frequency of the antenna used. High frequencies are better for shallow depths and small targets, while low frequencies are better for deeper depths and larger targets.

GPR Concrete Scanning is a non-destructive imaging method that works by sending radio waves into concrete and then reading how the waves interact with any objects beneath the surface of the concrete. Concrete scanners can locate rebar, electrical conduits, gas pipes, water lines, PVC conduits, post-tension cables, and other objects.

3. The client hereby agrees that the client is solely responsible for properly executing any Excavation Work. The client shall employ qualified operators and shall carry the appropriate liability insurance and/or bonding necessary for the type of Excavation Work undertaken. The client agrees that UPGPR shall not be responsible for damages sustained by the client as a result of UPGPR’s failure to locate underground services due to the above noted limitations and the client agrees to indemnify and save harmless UPGPR from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees incurred by UPGPR) brought by third parties against UPGPR as a result of UPGPR’s failure to locate underground services due to the above noted limitations or as a result of the client’s failure to follow the plans prepared by UPGPR and the instructions noted on such plans.

4. The client agrees to indemnify, defend, and hold harmless UPGPR from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees) brought by third parties that UPGPR may incur as a result of (a) the proper performance of its services under this Agreement and (b) any action or inaction of the client whether or not in reliance on the services provided by UPGPR.

5. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER NO CIRCUMSTANCES SHALL UPGPR LOCATING, LLC BE LIABLE TO THE CLIENT OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF UPGPR LOCATING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF UPGPR LOCATING, LLC OR OTHERWISE.

6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND ENFORCED AS SUCH.

7. UPGPR LOCATING, LLC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTIES, EXPRESS IMPLIED OR STATUTORY IN CONNECTION WITH THIS AGREEMENT AND THE MATERIALS AND SERVICES PROVIDED THEREUNDER.

8. Prevailing wage jobs, those outside of the main travel zone as shown at UPGPR Locating.com, and any job in which the client requests to have an MSA signed which requires automotive insurance coverage of $1,000,000 are billed at separate rates from normal work. The above situations must be clearly communicated to UPGPR Locating during scheduling.

9. The above agreement reflects the parties fairly bargained for positions. Neither party has signed this contract because of duress, improper coercion, or undue influence.