HomeMy WebLinkAboutUtility Agreement - PSI EnergyUTILITY AGREEMENT
The Board of Public Works and Safety of the city of Carmel, hereinafter referred to as the Board,
and PSI Energy, Inc. Hereinafter referred to as the Permittee, hereby agree that. utility facilities
consisting of approximately sixteen (16) wood poles located at the following described
location, 116th Street from Keystone Avenue to the eastern City limits, are hereby granted permit
to be located within the highway right-of-way in accordance with the attached drawings or if no
drawings are attached the utility facility will be placed adjacent to the present utility facilities and
within two feet of the right-of-way line as indicated on the plans for the proposed project. In
consideration thereof the Permittee hereby agrees to abide by and conform with the following terms
and conditions:
The above described utility facilities to be retained, installed, adjusted
or relocated on, over, along or under the highway within the
right-of-way limits will be located and accommodated, in a manner
that will not impair the planned highway, or its construction, or
interfere with its safe operation.
2 The Permittee hereby agrees to assume liability for making any
necessary utility adjustments should future traffic conditions or
road improvement necessitate when so requested by the Board and
assume the cost thereof, except where Permittee has a compansable
property right therein or where reimbursement of such costs is
provided for by law.
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the
above described facilities, and to obtain a permit before performing
any of these functions on such facilities located within the highway
right-of-way.
3 The Permittee shall save harmless and indemnify the Board from any
claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4 During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide
watchmen and flagmen as may be reasonably required by the Board
for safety and convenience of the public and shall furnish all barricades,
signs and lights reasonably necessary to protect the public. Traffic shall
be maintained at all times unless otherwise indicated hereon by special
endorsement of the Board duly authorized representative.
5 All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or
repair of Permittee's utility facilities shall be repaired at expense of
Permittee. No portion of the pavement of any highway shall be
disturbed without prior permission of the Board. Upon completion
of any work within limits of the highway all disturbed portions shall
be replaced as nearly as practicable in as good as condition as they
were when work was begun.
6 It is understood and agreed by the Board and the utility that the
utilities shall comply with the "State of Indiana, Indiana Department
of Transportation, Utility Accommodation Policy dated September 10,
1990."
BOARD OF PUBLIC WORKS
PSI ENERGY, INC. CARMEL, INDIANA
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Authorized epresenta ves of
Permittee
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Member