Utility Agreement - Indiana Bell Conduit and cablesgo(
UTILITY AGREEMENT
PROJECT M -B886( )
The Board of Public W rks and Safety of the City of Carmel, hereinafter
referred to as the Board, and Indiana Bell Telephone Company, hereinafter
referred to as the Permittee, hereby agree that utility facilities
consisting of
conduit and cables
located at the following described location, intersection of 116th Street
and Gray Road in Carmel, Indiana, 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 follow-
ing terms and conditions:
1. 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 maintenance 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 compensable 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 negli-
gence 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 main-
tained at all times unless otherwise indicated hereon by special endorsement
of the Board's 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 a 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
Highways, covering the Use and Occupancy of Public Highway Rights -of -Way by
Utilities 1971."
INDIANA BELL TELEPHONE COMPANY
MANAGER ENGINEERING
Authorized Representatives of
Permittee
Date:
/14
Attest: n
4-1,//7/0 ,� (CL g C
BOARD OF PUBLIC WORKS AND SAFETY
CITY 4F CARMEL
Member