Membership Agreement

Mississippi 811, Inc. Membership Information

Membership Information

 

The fee structure is set by the board of directors each year. The following are some statements of general knowledge about
Mississippi 811, Inc. (MS811) membership:

1. Membership Fees: Annual billing is in November. Billing is based on the total number of locate request tickets delivered to the member from November 1st of the prior year to October 31st of the current year. The rate per locate request ticket is set annually based on MS811 operating budget costs. The rate for the 2023 billing period is $1.77. MS811’s funding portion of the rate is $1.76, and the Underground Facilities Damage Prevention Board (UFDPB)’s funding portion is $0.01. Members who choose to receive by fax will be charged an additional $0.50/per locate request, per fax number/receiver on top of the current approved
ticket price.

2. Locate Request Delivery: The utility owner/operator (member) must furnish and maintain an automated method of receiving locate request tickets (email, FTP, fax, etc.). The methods used must be accessible 24 hours a day.

3. After-Hours Emergency Locate Requests: The member must provide after-hours emergency contact information. MS811 will contact the phone number provided if an emergency locate request is reported between the hours of 5:00 pm and 7:00 am, Monday through Friday, 24 hours a day on weekends and MS811 observed holidays.

4. Audit Reports: MS811 will automatically send the member an “Audit Report” between the hours of midnight and 3:00 am each day. This report lists all the locate request numbers that were sent to the member the day before.

5. Service Area Database: MS811 notifies its members of locate requests based on the member’s service area database and the work area location information provided by the excavator. Members are required to submit and maintain an accurate service area database with MS811. The service area is a buffered (radius) area or polygon boundary around the geographic locations in which infrastructure exists including lines that run underground or into rivers, lakes, ponds, the gulf, etc. Membership cannot be activated until the service area has been submitted. All service area information must be submitted through the MS811 Service Area Editor (SAE). SAE is an online tool that allows members to create, maintain, and edit as well as upload or download their underground service area information. MS811 will provide the member with access to SAE during membership setup or at the request of the member. Members may be charged a processing fee for service updates submitted outside of SAE. The processing fee will be $80 per hour, with a minimum charge of $80 per update. These fees can be avoided by
submitting all service area updates through SAE.

6. Locating Underground Utilities: “Working day” means a 24-hour period commencing from the locate request creation date/time (processed) in accordance with MS law excluding Saturdays, Sundays, and legal holidays. Upon receiving a locate request from MS811, the member is required by law to mark their underground
infrastructure within the excavation area using stakes, paint, or other clearly identifiable materials using the MS law color code requirements. The member may also uncover or expose the underground infrastructure so the excavator may see its/their location. Some situations may require pointing out to the excavator of certain aboveground facilities such as, but not limited to, manhole covers, valve boxes, pipe risers, and cable risers, which indicate the location of underground infrastructure. Markings must be accurate in one of three ways: (a) within 18
inches measured horizontally from both outside edges of an operator’s facility; (b) a strip of land 18 inches on either side of the operator’s field mark; or (c) mark the width of the facility or line plus 18 inches on each side of the markings. The markings provided by operators shall only be valid for a period of 14 calendar days from the date and time the locate request is processed.

7. Locate Request Types:

a. Normal – Standard locate request. Infrastructure must be located within 2 working days.

b. Emergency – Locate request involving danger to life, health, or property or a customer service outage.
Infrastructure must be located within 2 working days.

c. Short Notice – The excavator has requested that the infrastructure be marked within the specified date
and time listed on the locate request. The operators are not required to mark before 2 working days’ notice.

d. No Response – The excavator has waited the required 2 working days; however, the member has not responded. The member must contact the excavator within 4 hours and inform them of any infrastructure, active or abandoned at the site of excavation.

e. Unmarked – The member has responded; however, the markings are incomplete. The member must contact the excavator within 4 hours and inform them of any infrastructure, active or abandoned at the site of excavation.

f. Design – The member shall respond by one of the following methods within 7 working days: (a) marking their infrastructure (b) providing the excavator with the best available description of infrastructure in the area which may include drawings or other records maintained by the member; or (c) allowing the
excavator or any other authorized person to inspect or copy the drawings or other records for all infrastructure in the area.

g. Cancel Req – The excavator has requested for the locate request to be canceled.

8. Positive Response Information System (PRIS): PRIS is an online automated information system operated and maintained by MS811, which allows excavators, locators, facility owners or operators, and other affected parties to enter and/or determine the status of a locate request. The member is required by law to submit locate status information through PRIS by the required locate by date/time. MS811 will provide the member with access to PRIS during membership setup.

9. Positive Response Actions: The following are the actions that the member will be able to select from when submitting a response.

a. Located – The infrastructure has been marked.

b. Clear – No infrastructure in the excavation area (No conflict). To prevent delays in work or possible infrastructure damage, always confirm there is no infrastructure in the excavation area before submitting a “Clear” response.

c. On-Site Meeting Request – A representative has requested to be on-site during excavation. The operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within two (2) working days. MS811 will not set up meeting requests. It is the members’ responsibility to contact the excavator. It is recommended to add a callback number in the comments in case the excavator needs to reach the locator after initial contact.

d. Locate Delayed – Infrastructure can only be located by excavation. A delay for any other reason is not in compliance with the law. It is recommended that the member enter a reason for delay and a callback number in the comments. E.g.: “Utility can only be located by excavation”. Once the infrastructure has
been located, the response status must be changed to “Located”. Refer to Mississippi Code Ann. § 77-13-9(1)(c) for further information.

System-Generated Responses:

e. Overdue – A response was not submitted within the time required by law. A response must be submitted no later than 1 hour after the required locate by date/time on the locate request ticket or the system will automatically post an “Overdue” response status.

f. No Response – A response was not submitted. If a response is not submitted before the locate ticket (or any renewed locate ticket if applicable) expires, the system will automatically post a “No Response” status within the hour following the expiration of the locate ticket (or any renewed locate ticket if applicable).

g. Non-Participant – The member is not currently participating in Positive Response and is not in compliance with MS law. If a member is not participating in the PR program, the system selects the following response as soon as a ticket is created.

10. Responding to Locate Requests: Upon receiving a locate request the member must investigate the excavation site, mark the approximate location of the infrastructure, and report through PRIS, the status of the work performed, within 2 working days. The member must advise through PRIS if it does not have underground infrastructure in the excavation area or if the infrastructure can only be located by excavation, and it must include a note in the comments. The member shall be allowed a reasonable amount of additional time, not to exceed 4 working days from the day the original notice was provided, to mark the approximate location of the underground infrastructure if it can only be located by excavation. In lieu of marking the location of the buried infrastructure, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within 2 working days of the receipt of the notice. When an excavator sees evidence of or encounters unmarked lines within an excavation site, that excavator must immediately contact MS811. The members notified of unmarked lines by MS811 must contact the excavator within 4 hours and inform the excavator of any infrastructure, active or abandoned, at the site of excavation. Upon receiving a “Design” request, the member shall have 7 working days to respond by one of the following methods: (a) marking the approximate location of infrastructure. (b) providing the person making the request with the best available description of infrastructure in the area via drawings/records or copies of the drawings/records maintained by the member. Locate responsibilities required by Mississippi law may be found in Mississippi Code Ann. § 77-13-9.

11. Membership Activation: A company is not a member of MS811 until the enclosed application and set-up forms as well as the service area database have been submitted and approved by MS811. Upon account activation, a test ticket will be transmitted followed by verbal confirmation of receipt.

Please feel free to contact us at (601) 362-4322 or (601) 368-1150 should there be any questions about membership
responsibilities or MS811 operations. MS811 looks forward to working with you.

GOAL: Zero Damages Zero Injuries

AUTHORIZATION TO TRANSMIT LOCATE REQUEST INFORMATION

Mississippi 811, Inc. (MS811) provides member utility owners/operators (members) with excavation information that is reported to MS811 in the form of a locate request ticket. This document contains the terms and conditions upon which MS811 will provide such information to the member as follows.

1. Service Area – The member’s service area database and the work area location information provided by the excavator are what determine when a locate request ticket is transmitted to the member. Therefore, it is very important that the member maintains an up-to-date service area database with MS811 to ensure proper notification.

2. Locate Request Delivery – MS811 will deliver locate request information by the mode(s) requested by the member . When a locate request is sent by MS811, it enters an information processing system outside the control of MS811. MS811 SHALL NOT BE LIABLE FOR ANY LOCATE REQUEST MESSAGES THAT FAIL TO REACH THE MEMBER. In addition, MS811 shall not be liable for any failure to send a message where such failure results from a cause beyond MS811’s reasonable control. This includes, without limitation, any equipment, communications, or power failure.

3. Audit Reports – MS811 will deliver an audit report to the member at no additional charge between the hours of midnight and 3:00 am daily. This report contains a list of all ticket numbers transmitted to the member on the previous day. The member may notify MS811 anytime there is a ticket number listed on an audit report that needs to be re-transmitted. If an audit report does not contain any ticket numbers, this means that no locate requests were transmitted to the member on the previous day.

4. Broadcast Messages – MS811 may occasionally send the member, membership-related information by the same mode specified in writing or on the “Member Set Up Form” for locate request delivery. These messages are generally only sent once or twice a year and will be sent between the hours of 7:00 am and 5:00 pm Monday through Friday and will contain information such as, but not limited to, important MS811 system updates or MS811 events.

5. Modes of Delivery/Transmission – MS811 can transmit locate request information by Email, FTP, FAX, Text Message, SMTP, Web Service, or Ticket Management system. Information can be transmitted as Plain Text, HTML, or XML. Tickets transmitted by email can be sent with the locate request information contained in the body of the email or as an attachment.

6. Output: Output shall mean the member’s locate request, audit, and or message delivery settings. Separate outputs are created for each delivery method chosen.

7. Text Message Delivery – Text messages are limited to a minimum number of characters; therefore, only partial locate request information can be sent by text and is not a legal or binding document. Therefore, the member must also select an additional method for the full locate request information to be delivered to. When supplied by the excavator, the following locate request information will be included in the text message: Ticket Number/Priority/Contact Phone Number/Contact Name/Street or Address where excavation will take place/Nearest Town/County.

8. Emergency Message Delivery – The member is required to provide MS811 with an after-hours emergency contact phone number. We will contact the phone number provided if an emergency locate request is reported between the hours of 5:00 pm and 7:00 am, Monday through Friday, 24 hours a day on weekends and MS811 observed holidays. We will start calling out emergencies as early as 3:00 pm if needed. The locate request will still be transmitted to any outputs we have for the member, in addition to this call. All personnel listed should be privy to the importance of how the call should be handled. The member may opt out of this service by signing an “Authorization to Discontinue After-Hours Emergency Call Outs” agreement.

9. Change of Delivery – Any changes needed pertaining to the mode or time in which locate request information is transmitted must be submitted to MS811 in writing at 200 Country Place Pkwy, Pearl, MS 39208, fax 601-362-7533 or email
Joanna Henderson.

10. Delivery Fees – Members may request any combination of locate request transmission methods for no additional charge except for fax (see “Membership Information” document for fax rates).

11. No Warranty – Understand that MS811 relies on maps and other location information provided by others that may contain errors or omissions. THE SERVICES PROVIDED BY MS811 ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. The member is solely responsible for the interpretation and use of the information MS811 provides.

12. Limitation of Damages; Indemnification – MS811 SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM ITS PROVISION OF OR FAILURE TO PROVIDE SERVICES TO THE MEMBER EVEN IF MS811 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The member shall indemnify, defend, and hold MS811 harmless from all claims, demands, actions, attorneys’ fees, costs, and expenses based upon, or arising out of, any act or failure to act of MS811, its employees, subcontractors, or other agents while performing services for the member, except to the extent such act or failure to act is attributable solely to MS811.

I AUTHORIZE MS811 TO PROVIDE LOCATION INFORMATION TO THE COMPANY LISTED BELOW BY THE MODE I HAVE CHOOSEN ON THE “MEMBER SET-UP FORM” OR BY THE MEANS THAT I HAVE SUBMITTED IN WRITING. I HAVE READ AND UNDERSTAND THIS DOCUMENT, AND I AGREE TO ITS TERMS.

 

I have read the terms and conditions and agree Please make a selection.

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