OVERHEAD/UNDERGROUND ELECTRIC SERVICE INSTALLATION AGREEMENT
The undersigned representative of either the property owner, developer, builder, construction company, project management firm, or other organization named below (“The
Requester”) has requested GreyStone Power Excavate in order to place or relocate its electrical facilities on the property, development, project, or site as described below (“The Property”). The Requester hereby assumes all liability for any of The Property’s improperly located, improperly marked, and unmarked Underground Facilities which are damaged by excavation by GreyStone Power or its contractors. For the purpose of this agreement, “Underground Facilities” includes but is not limited to electric, water, septic, sewer, sprinkler systems, fiber, cable, and/or other underground utilities and facilities of any kind. “Excavate” shall include all types of digging, earth moving, land clearing, tree cutting, stump removal, boring, trenching, or any other type of activity which is part of the process to install or relocate electrical facilities. This assumption of liability also includes any damage that may result from locating or moving equipment onto or within The Property. It also includes any damages to wetlands, streams, rivers, ponds, lakes, wells, pastures, yards, landscaping, roads, artifacts, burial grounds, graves, or other important items. GreyStone Power will not be liable for damage to driveways, sidewalks, lawns, flowerbeds, or other landscaping that cannot reasonably be avoided during the construction of the electric facilities, or that are located within the agreed-upon service corridor.
The Requester confirms he/she has the authority to obligate his/her company or estate to the terms of this agreement, and has been authorized by all others with an interest in the Property to request GreyStone to install facilities on the property and to indemnify GreyStone as set forth herein. The Requester also understands that privately owned underground facilities are not typically located as part of the Georgia 811 requirements and that based on this agreement it is the responsibility of The Requester named below to have all privately owned Underground Facilities properly located, properly marked and the marks properly maintained beginning within 3 business days from the date of this agreement and until all GreyStone Power facilities of any kind are completely installed or relocated. Georgia 811 is the only entity that GreyStone or its contractors will contact before excavation.
For the purpose of this agreement, “properly marked” shall require compliance with the requirements for marking as defined in Georgia Underground Marking Standards Rule 515-9-4.14. Flags or paint alone, without the presence of the other as required in Rule 515-9-4.14, will not be considered as properly marked. “Properly maintained” shall mean that said markings are clearly visible at the site of any underground facilities located within The Property at the time of excavation and at the precise location(s) of excavation. Providing to GreyStone Power or its contractors site plans, drawings, or any other facility location indicators other than the proper markings will not serve as properly locating or properly marking underground facilities. Existence of above ground equipment, such as but not limited to risers, meters, pads, hydrants, sprinklers, or other visible devices, does not constitute proper locating and marking for the purpose of this agreement.
Both GreyStone Power and its contractors will rely solely on the present markings to determine where to dig or not dig and will begin excavation with the assumption that the markings are in place, markings are properly located, and that the absence of markings means that excavating in that location is acceptable, with no underlying Underground Facilities. Access to the property must be available throughout the project timeline.
This written agreement is the sole agreement regarding responsibilities for locating and marking underground facilities. No communications of any kind (including email or verbal communication), other than a mutually signed written amendment to this agreement, will be considered a change to the terms of this agreement. The Requester also agrees that his/her py of this agreement with all interested parties including owners, developers, builders, construction management firms, or other organizations and all other contractors working on the project, to properly inform them of The Requester’s assumption of this liability and other terms of this agreement.
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