Submit a Work Order

Article 1
Terms of Contract:
The terms and conditions listed below are the only terms that govern this contract of services provided by ProMark Utility Locating, LLC (ProMark) to the Customer. Upon completion of the submitted work order form the Customer accepts all terms and condition in this contract. If the Customer does not fulfill their obligations to the terms and conditions contract, the Customer accepts responsibility for all unfulfilled or incorrected utility locations. Any and all litigation associated with this contract will only be in accordance with Maine state law.

Article 2
Worksite Information:
The Customer is required to provide ProMark with all existing utility plans, maps, or as-builts. The Customer is also required to allow ProMark access to all buildings or structures with utilities running through or near the scope of work. The more information we have about the existing utilities prior to performing the work, the more information we’ll be able to give you about the subsurface utilities. This will also save us time onsite, which in turn saves you money.

Article 3
Scope of Work:
The scope of work must be clearly defined by the Customer. If there has been a formal proposal/estimate submitted to the Customer from ProMark, and the scope of work is expanded or changes. The Customer accepts the additional cost of the work performed by ProMark in the expanded areas, as well as any additional time spent by ProMark performing tasks not identified in the formal proposal/estimate submitted to the Customer from ProMark.

It is the Customers responsibility to identify and notify ProMark of any and all hazards or hazardous materials in the vicinity of the work area. The Customer is also responsible for ensuring the scope of work is clear of any materials, equipment, or obstructions that will hinder the process of data collection or performance of essential duties by ProMark employees. If there has been a formal proposes/estimate submitted to the Customer from ProMark, and the Customer does not fulfill the above provisions to this terms and condition contract, additional cost will apply, as ProMark employees will not be able to efficiently/safely accomplish the agreed upon tasks.

Article 4
Termination Policy:
Either party may terminate this contract upon five days written notice. ProMark will be paid for any services provided to the Customer prior to receiving the written notice of termination.

Article 5
Delays:
If the Customer does not fulfill all provisions in this terms and conditions contract, ProMark is not responsible for any delays associated with this project. ProMark is also not responsible for any delays in the completion of this project due to adverse weather conditions, unanticipated degree of difficulty, inadvertent health issues, or changes to the scope of work.

Article 6
Limits of Liability:
The limitations of our equipment vary greatly. The criteria that effect the efficiency and clarity of the data collected by such equipment is as follows: Utilities can be different sizes, buried at different depths, made of different materials, differing soils conditions and moisture content of such soils, there can be differing above ground obstructions, differing amounts of information giving to us in advance, even different climates or seasons play a role in how our equipment reacts to the subsurface. ProMark does not hold liability for the location of utilities that are not locatable using the tools/equipment we have, if any of these conditions adversely affect the clarity of data collected. ProMark will make its best effort to locate all the utilities that ProMark has been tasked to locate, but limitations apply.

The Customer must notify ProMark of any damaged utilities or discrepancies associated with this contract within 24 hours of gaining knowledge of such occurrence. In any event ProMark must be notified by the Customer of any damaged utilities or discrepancies no later then two months after work has been performed by ProMark. If the Customer does not fulfill the above provisions to this terms and conditions contract ProMark relinquishes all liability of work provided to the Customer.

Article 7
Equipment Limitation:
ProMark employees locate utilities using two basic methods. Linear metallic utilities will be located using an Electromagnetic (EM) Cable and Pipe Locating System. A transmitter is used to induce a signal onto the utility. Then the operator locates the utility using a receiver to find the signal. The EM signal put on the utility is cylindrical, but when other EM fields are present the symmetry of the EM signal can warp giving the technician a false centerline. The EM receiver can also detect signals coming from certain metallic utilities without inducing a signal with the transmitter.

Ground Penetrating Radar (GPR) is a real time NDT technology that sends radar pulses into the subsurface. The EM waves reflect back to the surface when they encounter materials of contrasting dielectric properties. ProMark employees are trained to look for specific data signatures on the screen of the GPR that indicate the presence of subsurface utilities.

GPR is limited by soil conditions, utility material, and physical surface obstructions (i.e. machinery, permanent structures, bushes, landscaping, etc.). The radar signal decays the deeper it penetrates into the subsurface. In certain circumstances these limitations are not ideal for the locating of utilities using GPR. Some utilities maybe locatable while others are not. Small diameter, non-metallic, deep utilities are the hardest to locate.

Concrete scanning works under the same principles as GPR, and the same limitations/provisions apply. The surface of the area requested to be scanned needs to be reasonably smooth and free of debris. GPR must pass completely over target utilities in order to detect them. Adjacent walls or metal tracks pose a potential “blind spot” for GPR, as the instrument will not be able to completely pass over the scope of work. If the Customer requests ProMark to scan an area with obstructions such as walls or metal tracks adjacent to the area, these obstructions must be removed prior to ProMark performing services. If the Customer does not fulfill the above provisions to this terms and conditions contract ProMark relinquishes all liability of work provided to the Customer.

If a utility is found to be unlocatable using these methods by ProMark, we will need access to the utility to send a probe down the line to then locate using the EM locator. ProMark employees are not licensed plumbers or electricians. If a licensed plumber or electrician is needed to gain access to the utility, the customer will provide these services. If access to such utilities is not achievable or provided by the customer the utility will not be located, and ProMark relinquishes responsibility and liability for the locating of this such utility.

Any maps, drawings, or coordinates provided to the customer by ProMark should not be considered survey grade. ProMark is not a licensed surveying company. ProMark also makes no guarantee that all utilities will be located. ProMark will make its best effort to locate all the utilities that ProMark has been tasked to locate, but the above limitations apply.

Article 8
Indemnification:
To the fullest extent permitted by law, the customer agrees to assume the entire responsibility and liability of all damages or injury to all persons, whether employee or otherwise, and to all property arising out of or in any manner connected with the execution of the work provided by ProMark. The Customer’s obligation under this section shall not be limited in any way by the amount or types of damages, compensation, or benefits payable by or for the Customer under worker’s or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

The Customer agrees to indemnify, defend, release and hold ProMark, and its employees free and harmless with respect to all damages, claims, causes of action and otherwise with respect to any personal injury or property damage that may arise out of the services performed by ProMark, including attorney’s fees, cost, and expenses incurred in the investigation, defense, settlement, or payment of claims.

Article 9
Waiver of Subrogation:
To the fullest extent permitted by law, the Customer waives any and all rights against ProMark and its Employees for the recovery of damages to the extent that these damages are covered by commercial general liability, commercial umbrella liability, and business auto liability.

Article 10
Information Release:
Under this agreement all materials and information produced by ProMark in association with this project are owned by ProMark. Utility mark outs, maps, photos, videos, data collected, coordinates, etc. produced by ProMark in association with this project in accordance with this terms and conditions contract are to be considered the intellectual property of ProMark. ProMark reserves the exclusive right to reproduce or sell any of this intellectual property.

Article 11
Billing:
ProMark has a minimum fee of $375 on all work provided including mobilization. ProMark charges a mobilization fee of $150 per hour. The mobilization fee is charged from and returning to our office in Gorham, ME to the Customers jobsite. In addition to the mobilization fee ProMark charges a $150 per hour rate for performed tasks. This means ProMark charges two and a half hours of total time including mobilization to and from worksite at a minimum. If there has been a formal proposes/estimate submitted to the Customer from ProMark, then that is the price that will be charged to the Customer for the work, unless the scope of work changes. The Customer has 30 days to fulfill the payment unless other arrangements have been made with ProMark.

If any of the provisions in this terms and conditions contract are not fulfilled by the Customer, ProMark relinquishes all liability of work provided to the Customer.