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City of Decatur, IL (IL) Contract#: 10000682 <br /> property rights, including trade secrets, data, copyrights, and trademarks related to USIC's Locate <br /> Services,which is conceived or reduced to practice as a result of the performance of the Locate Services. <br /> 1.34 Visual Examination means an attempt to determine the existence of Customer's Facilities at an <br /> excavation site by a reasonable visual inspection of the dig site rather than from Customer's maps and <br /> records. <br /> 1.35 Watch and Protect means to oversee Customer's Facilities during unusual or extensive excavation <br /> projects (i.e. road widening projects, sewer projects, etc.) and providing appropriate Locate Services as <br /> may be dictated by the nature and scope of the excavations. Service requires preauthorization or prior <br /> agreement by the parties regarding criteria to be applied. <br /> 1.36 White-Lining means the Excavator designates the route and/or area to be excavated using white pre- <br /> marking either onsite or electronically(when available through the One Call Center), prior to or during the <br /> request for the Locate. The route of the excavation is marked with white paint, flags, stakes, lines, <br /> polygons, or a combination of these to outline the dig site prior to or during notification to the One Call <br /> Center and before the Locate technician arrives on the job. <br /> 1.37 Work Zone Protection means the activities necessary by USIC to achieve compliance with federal,state, <br /> county, and local laws for the safety of motorists and USIC workers alike. This includes but is not limited <br /> to following the rules prescribed by the Manual on Uniform Traffic Control Devices (MUTCD) and <br /> contracting services to achieve Temporary Traffic Control commonly referred to as"Flaggers." <br /> 2. Responsibilities of USIC <br /> 2.1 USIC shall furnish all labor, materials (except maps, prints, and records to be provided by Customer <br /> under Section 3), and equipment necessary to perform Locate Services including Locates, Project <br /> Locates or Long Scope Ticket(s), Emergency Normal Hours Locate, Watch and Protect, and Emergency <br /> After Hours Locate for Customer within the Contract service area detailed in Exhibit A. All Ticket <br /> transmittals to USIC shall come directly from each state's One Call Center for the service area detailed <br /> in Exhibit A. <br /> 2.2 Upon receipt of a request for a Locate, USIC will assess whether a conflict exists between the Customer's <br /> Facilities and the proposed excavation Site based on the maps, prints, and records provided by the <br /> Customer(commonly called Digital Locating). In its discretion, USIC may perform a Visual Inspection for <br /> any Locate request, but USIC is not required to do so if Customer's maps, prints, and records indicate <br /> that there is no conflict between Customer's Facilities and the excavation Site. <br /> 2.3 If USIC determines that Customer Facilities are present at the excavation Site, USIC will Mark Customer's <br /> Facilities at the Site, except for Unlocatable/Untonable Facilities and send Positive Response <br /> documentation that may consist of photographs, drawings, or notes. Photographs shall only be required <br /> in situations where taking photographs are permitted by law. <br /> 2.4 If USIC determines that Customer's Facilities are not present at the excavation Site, USIC will mark the <br /> site or note in the Ticket response that Customer's Facilities are not present or in conflict with the <br /> proposed excavation site. <br /> 2.5 Customer agrees that USIC will have the right to screen Tickets via maps, prints, records, and other <br /> technology which eliminates the requirement for a Visual Examination, or an in-person visit to the Site. <br /> Customer also agrees that USIC will not be liable for any damages that occur because of incomplete <br /> and/or inaccurate maps, prints, or records provided by Customer. <br /> 2.6 In the event USIC recognizes that there are Unlocatable/Untonable Facilities at the excavation site, <br /> Customer will be responsible for determining what course of action should be followed to assure that the <br /> Unlocatable/Untonable Facilities are not damaged by Excavator. USIC will not be liable for any damages <br /> associated with an Unlocatable/Untonable Facility. If any Atypical Condition (AC) is found at the <br /> excavation site and USIC is aware of the Atypical Condition, USIC shall notify Customer, and USIC shall <br /> Version 4.1 Revised 11/15/22 4 <br />