R2024-356 Resolution Authorizing a Contract with USIC Locating Services, LLC for Facility Locating and Marking Services

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Exhibit 1 FACILITIES LOCATING AND MARKING SERVICE CONTRACT THIS CONTRACT ("Contract") is entered into as of November 18, 2024, and is by and between USIC Locating Services, LLC, an Indiana limited liability company, (USIC), and City of Decatur, IL (Customer), each individually a party, and collectively, the parties. BACKGROUND A. Customer owns and operates Facilities (hereinafter defined) in the geographic area described on Exhibit A to this Contract. B. Customer desires to have USIC provide the necessary labor and equipment to offer certain services relative to locating and marking Customer's Facilities listed in Exhibit A. CONTRACT Based on the Background set forth above and in consideration of the mutual covenants, terms and conditions set forth below, USIC and Customer agree as follows: 1. Definitions. In addition to the terms defined above the following capitalized terms when used in this Contract shall have the following meanings: 1.1 Advanced Locate Service means conductive, inductive, and map-based measurement locating methods which may include hand digging and/or vacuum excavation to accurately complete a Locate. 1.2 Annual Contract Value means the aggregate of the last twelve months' Contract revenue. 1.3 Atypical Condition (AC) means any unusual condition, exigency, or occurrence at a given worksite that requires USIC's use of extra resources (including but not limited to Telecommunication Vault or Manhole Entry, Unlocatable Facilities, Work Zone Protection aka "Temporary Traffic Control Services" or "Flaggers", labor, time, and equipment) outside of those routinely expended by USIC to accurately and safely complete a Locate. 1.4 Contract Year means the 365 (366 if period includes February during a leap year) days beginning with the date this Contract begins and the anniversary date each year after. 1.5 Customer's Facilities means any Facilities owned or operated by Customer. 1.6 Damage Investigation Fee means the fee charged to Customer when chargeable pursuant to this Contract, for a damage investigation performed by USIC (to include Site photographs, measurements and/or other applicable forensic data). 1.7 Damage to Customer's Facilities means the penetration or destruction of any protective coating, sheath, housing or other protective facility of underground plant, the partial or complete severance of underground plant, or the rendering of any underground plant partially or completely inoperable. 1.8 Digital Locating means the process by which a Locate is completed using maps, records, historical Ticket records, Locate technician expertise,and other industry knowledge to positively respond to a Ticket without Visual Examination. 1.9 Emergency Normal Hours Locate means a request for a Locate that arises from a condition that threatens life, health, or property as defined by applicable state law and are transmitted during USIC's normal, non-holiday business hours Monday through Friday (7:00 am—5:00 pm). 1.10 Emergency After Hours Locate means a request for a Locate that arises from a condition as defined by applicable state law and One Call Center ticket types and is transmitted on weekends,weekdays, and