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City of Decatur, IL(IL) Contract#: 10000682
<br /> 1.24 Project Locate or Long Scope Ticket(s) is any Locate that, for any reason, requires USIC technicians
<br /> to spend more than thirty (30) minutes to execute the Locate Services requested by the subject Ticket.
<br /> Project Locate or Long Scope Ticket(s)time is tracked using USIC's system thresholds and may include
<br /> any Ticket type (including but not limited to Tickets designated as routine, normal, and/or emergency).
<br /> Any portion or increment of work above a time threshold shall be rounded up to the next whole unit.
<br /> 1.25 Reasonable Accuracy means the placement of appropriate Markings within the applicable state's
<br /> tolerance zone.
<br /> 1.26 Repair Costs means the actual costs incurred by Customer to repair Damage to Customer's Facilities
<br /> arising from Locator At Fault Damages (so long as Customer's actual costs are reasonable and
<br /> customary), subject to the exclusions below. "Repair Costs" is equal to only the reasonable and
<br /> customary value of the actual labor, equipment, and material costs incurred by Customer to repair the
<br /> Damage to Customer's Facilities as supported by actual invoice and/or receipts for work completed by
<br /> each repair contractor. This shall include reasonable and customary costs incurred by Customer's in-
<br /> house labor and third-party contractor(s), where an itemized breakdown for all parties included in the
<br /> repair is submitted. Repair Costs specifically excludes, except where prohibited by law: administrative
<br /> charges;third party administrative("TPA")fees; overhead charges;costs arising from betterment of plant
<br /> (which shall include, among other things, any upgrade, improvement, reinforcement, enlargement,
<br /> replacement or extension of Customer's Facilities); invoice markups (whether percentage-based, fixed-
<br /> amount,or otherwise-calculated;costs arising out of collection actions,whether incurred by the Customer
<br /> or collection agencies; any other costs or expenses excluded by Section 7 of this Contract or any other
<br /> provision of this Contract. USIC reserves the right to dispute the reasonableness of any of Customer's
<br /> actual costs; in the event of such a dispute the parties shall attempt to resolve such dispute in accordance
<br /> with Section 13.
<br /> 1.27 Site means the premises where Locate Services are performed, and Customer has ownership or
<br /> exercises control.
<br /> 1.28 Telecommunications Vault or Manhole Entry, as stated 29 CFR 1910.269(x), is defined as an
<br /> "enclosed space"or as a working space,such as a manhole,vault,tunnel,or shaft,that has limited means
<br /> of egress or entry, that is designed for periodic employee entry under normal conditions, and that does
<br /> not contain a hazardous atmosphere, but that may contain a hazardous atmosphere under abnormal
<br /> conditions. "Manhole vaults" are confined spaces where a person's entire body can enter as opposed to
<br /> "handhole vaults"where a person can reach in only.
<br /> 1.29 Third Party Claims means any claims for losses, fines, penalties, damages, costs, fees, or expenses
<br /> made by a person or entity not a party to this Contract arising from or related to Damages to Customer's
<br /> Facilities, including but not limited to, claims as a result of (a) injury to or death of any person, or (b)
<br /> damage to or loss or destruction of any property.
<br /> 1.30 Ticket(s) means the document generated at and transmitted by the One Call Center to USIC containing
<br /> each request for Locate. A Ticket may require more than one Locate.
<br /> 1.31 Unidentifiable Facilities means Customer's Facilities that are not apparent at the Site as based on the
<br /> records, facility prints, drawings, or maps provided by Customer.
<br /> 1.32 Unlocatable/Untonable Facilities, means Customer's Facilities, including abandoned Facilities, whose
<br /> general presence is known either from records provided by Customer or from a Visual Examination, but
<br /> which cannot be Marked with Reasonable Accuracy by employing standard Locate Services, typically
<br /> consisting of using one conductive hook up point on either side of the Facility being targeted for Locating.
<br /> 1.33 USIC Work Product means all materials, data, works of authorship, concepts, presentation, inventions,
<br /> discovery, processes, know-how, reduction of information, including without limitation, all intellectual
<br /> Version 4.1 Revised 11/15/22 3
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