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One Call Diggers 1995c a AGREEMENT This Agreement is made this 1st day of February 19 95 by and between City of Blair, Nebraska , hereinafter referred to as "Member" and Great Plains One Call Service, Inc. dba Diggers Hotline of Nebraska hereinafter referred to as "Vendor ". For and in consideration as set forth. herein Vendor hereby agrees to provide and operate and Member agrees to subscribe to and utilize Vendor's Nebraska statewide one call center for the notification of operators with underground facilities pursuant to the One -Call Notification System Act and the terms and conditions as follows: 1. Vendor will establish telephone numbers 402- 344 -3565 in the Omaha Calling Area and 1- 800 - 331 -5666 in all other areas to allow all excavators within the State of Nebraska to call the One -Call Center free of charge to request location of underground facilities. 2. Vendor will provide for services through the center 24 hours per day, 365 days each year in the following manner: a. The normal business day will be 7:00 am to 6:00 pm Central time Monday through Friday. b. From 6:00 pm.to 7:00 am, including Saturdays, Sundays, and all State or Nationally observed legal holidays, normal and emergency notices of digging will be taken at our remote location in Blair, Nebraska. Later in this agreement, "A" above will be referred to as "normal business hours" and "B" above will be referred to as "after hours ". 3. All incoming calls and outgoing manual notification calls, if applicable, will be re- corded on voice activated tape recorder. The voice tape recordings will be maintained by the Vendor for a period of five (5) years and during that time will be made available to the Member for any clarification, claim, or disputed liability purposes. 4. The basic price for service specified on Exhibit "A" attached hereto has been set as the minimum fees for services as established by the Nebraska State One -Call Board of Directors. Any other service requested by the member will be negotiated as to procedure used and price charged to the mutual satisfaction of member and vendor. Vendor will advise all callers requesting location of underground facilities of the statutory requirement of two working days notice before digging. Notification of intent to dig during normal business hours will be sent to members by fax, printer, or to a computer the same day received. A recap of all tickets sent that day will be sent to the member the following busi- ness day. Voice transmitted notification will be called out during the business day but a recap call will not be made. If notification of intent to dig is received after hours, the call will be handled in the same manner, but the notification ticket will be held in the computer and will be sent out or called out the next business day. The cost of the communications equipment with a minimum 2400 Baud rate together with all necessary telephone lines for such notification shall be paid by member. In the event the caller will not adhere to the statutory requirements of two working days notice, Vendor will make the notifications a priority notification to assist in preventing damage to member's facilities. If the call is of an emergency nature during normal hours, a notice will be sent imme- diately and a follow -up telephone call will be made to alert the member of the emergency ticket. All emergency calls received after hours will be immediately called out to each member affected and the confirmation ticket will be sent the next business day. Notification of requests will be sent to the member at the member's telephone number during hours shown on Exhibit "A ". It is the members responsibility to advise the vendor of any change in telephone numbers. 5. Vendor will accept grids by section, range, and township. The option of smaller grids will be made available by the Vendor. Each Member grid system and data base shall be confi- dential between the Member and Vendor unless same are of public record or common public usage. The master grid system will be maintained by the Vendor and a copy will be provided to each Member. Member shall notify the Vendor of any discrepancies in the shown location of any buried facilities of the Member. 6. After Vendor notifies Member of a locate request, it shall be the Member's responsi- bility for advising Caller there are no Member underground facilities in the specified area or to schedule a time for the Member's locator to meet with the Caller. The Vendor shall have no responsibility to coordinate individual - Member's locators meeting with the Caller (meets) or advising caller that members have no underground facilities (clears) unless specifically agreed to by member and vendor and charges shown on Exhibit "A" Enhanced Services are charged. 7. Vendor shall be an independent contractor under the terms of this agreement. The Vendor shall comply with all applicable federal, state, county, and local laws or ordinances. 8. Vendor agrees to indemnify and save harmless the Member from and against all liability, claim, loss, or expense for any claim of loss or damage including but not limited to death, personal injury, real or personal property damage which may arise from the negligence of the Vendor, its agents, servants, or employees. 9. Member agrees to indemnify and save harmless the Vendor from and against all liability, claim, loss, or expense for any claim of loss or damage including but not limited to death, personal injury, real or personal property damage which may arise from the negligence of the Member, its agents, servants, or employees. 10. Vendor shall obtain and keep in force a policy of comprehensive public liability insurance insuring Vendor against any liability arising out of the performance required under this agreement. The policy shall provide a minimum of five million dollars ($5,000,000.00) for each accident or occurrence and in the aggregate for bodily injury, property damage, and legal defense coverage and five million dollars ($5,000,000.00) Errors and Omissions (E &O) Insurance. 11. The charges on Exhibit "A" ' shall prevail and remain in effect until changed by action of the Nebraska State One -Call Board of Directors. Billing shall be monthly and the member shall remit payment in full within thirty (30) days of the billing date. Member shall remit and pay vendor one and one -half percent (1 1/2%) per month interest on any balance which is unpaid. more than thirty (30) days following the billing date. 12. In the event either parry defaults under any of the terms and conditions of this agree- ment, the other parry may give ten (10) days notice in writing of the alleged default or breach during which time the defaulting party may cure same. If the defaulting party fails to cure within said ten (10) day time the alleged default or breach shall be submitted to the Nebraska State One- Call Board for resolution. 13. This agreement shall commence March 30 , 19 95 and shall continue thereaf- ter unless modified by State Law or action by the Nebraska State One -Call Board of Directors. 14. Any notices under this agreement shall be given in writing to the Vendor as follows: Great Plains One Call Service, Inc. dba Diggers Hotline of Nebraska P O Box 500 Blair, Nebraska 68008 Phone 402 - 426 -9511 Any notices under this agreement shall be given in writing to the Member as follows: City of Blair 218 South 16th S treet Blair, NE 68008 Phone 402/426 -4191 15. Billing for services should be mailed to: City of Blair 218 South 16th St reet Blair, NE 68008 Attn: 16. Member may not assign or transfer any of its' rights or duties under this agreement without prior written approval of the vendor except any assignments to any entity in which the Member owns or holds a majority interest. 17. Neither Vendor nor. Member shall be held responsible for any delays or failure to perform any of its responsibilities or obligations under this agreement provided such delay or failure is caused by an act of God, natural disaster, strike, declaration of war, or any other causes over which such party has no control. 3 18. This agreement shall be binding upon the successors or assigned of all parties hereto. This agreement shall not be effective until approved and signed by one of the corporate officers of the Vendor. Representative Diggers Hotline of Nebraska Member authorized officer. or agent Director of Public Works Approved and Accepted by Diggers Hotline of Nebraska 4 (officer) EXHIBIT "A" (Page 1) PRICES 1. Per notification (Fax - Printer - Computer) $ .95 2. Voice transmitted (25 and under per month) $1.95 (26 and over per month) $2.95 3. Emergency Call (Fax - Printer - Computer) (Followed by Telephone Call) $1.70 4. Emergency Call (Voice transmitted) $2.95 Enhanced Services - Additional Cost 5. Meets (on tickets that Vendor sets meet time) $ .35 6. Clears (those requesting clears thru center) $1.10 5 EXHIBIT "A" (Page 2) Administrative Information Member's open hours (except weekends and holidays) 8:00 a.m. to 5: 00 p.m. (Central Time) Member will receive requests during open hours at (402) 426 -4195 () phone (� fax () printer () computer Member emergency number during open hours (M -F) (402) 426 -4191 Member emergency number during closed hours (402) 426 -9661 D D iggers Hotline N of Great Plains One -Call Service Inc. a ll 1 =800= 331 =5666 1. February 16, 1995 Dear Member; On February 8, 1995, the Statewide One -Call Board of Directors assed a re $.03 surcharge to each notification to pay for Board expenses, p solution to add a Attached is a revised copy of Exhibit "A" (Page 1). Please attach this sheet to our co 0 One Call Agreement. Y copy four Thank you, -71e SL © ZL Floyd Olson Vice President 11 535 Front Street P O Box 500 • Blair NE 68008 Az]- tall D of Nebraska — Great Plains One -Call Service Inc. 1 -800 -331 -5666 January 27, 1995 WARREN WHITAKER CITY OF BLAIR 218 SOUTH 16TH STREET BLAIR NE 68008 Dear Member: LB421, passed last year by the state, makes it mandatory that all companies with underground plant be a member of the statewide one -call center. Diggers Hotline of Nebraska has been selected as the company to provide the one -call operation in Nebraska. We are pleased to provide that service to the state and since you are currently a member of Diggers Hotline, there is little change for you. Because of a few changes brought on by the legislation, our individual member contracts have changed. Enclosed is a revised contract. Please look it over and when you have signed it, please forwar i t to: Great Plains One -Call Service, Inc. dba Diggers Hotline of Nebraska P 0 Box 500 Blair Nebraska 68008 We realize you may have some questions. If so, please call Don McCullough or Joe Sacco at 402 - 330 -1866. We will begin handling calls on a statewide basis March 30, 1995. We are looking forward to continuing to work with you in the protection of your underground plant. Thank you. Sincerely, 4b- 0 Floyd Olson Vice President Enclosure 1635 Front Street P O Box 500 Blair CIE 68008 Adm. Office 402- 484 -8069 Sales Office 402 -896 -0706 A w PP FaM — Diggers Hotline of Nebraska — Great Plains One -Call Service Inc. 1- 800 -331 -5666 Dear Prospective Member: We would like .to take just a minute to let you know of the changes taking place within our One -Call Center, Diggers Hotline of Nebraska. We started our service to 27 members on March 1, 1993. We have continued our growth since that time. To date, we have grown to 58 members statewide. On August 2, 1993, we expanded our One -Call Center to include the Lincoln One -Call Center. The current members of Lincoln One -Call are: Lincoln Telephone & Telegraph Company, Lincoln Electric Service, Cablevision and selected cities of People's Natural Gas Company (formerly Minnegasco). On that same date, K N Energy, who serves over 175 communities throughout the state, along with K N I, their pipeline company, joined Diggers Hotline of Nebraska. We currently are working to grid their system into our computer and will have them on line shortly. Abby Jensen, formerly of Great Plains Communications, has joined Diggers Hotline of Nebraska as the on -site manager. Abby will be responsible for the day to day opera- tions of our One -Call Center. She is available to answer any questions you might have. Please feel free to call her at (402) 484 -8069 to say Hello. We believe in a One -Call Center through participation. The additional companies and areas we now serve increases the protection to your underground facilities by making it convenient for all contractors and excavators to call 1- 800 - 331 -5666 before digging. We encourage you to remind the contractors in your area to call Diggers Hotline before digging and we hope you remind the other utilities in your communities of the value of protecting their underground investment by joining as a member of Diggers Hotline of Nebraska. If we can be of service to you in anyway, please feel free to call. Sincerely, Abby Jensen Center Manager 1635 Front Street Adm. Office 402- 484 -8069 Joe Sacco, Manager One -Call /Locating P O Box 500 Blair NE 68008 Sales Office 402-896-0706