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HomeMy WebLinkAboutPSE Pole Attachment Agreement 12/2017 PSE PUGET SOUND ENERGY . POLE ATTACHMENT AGREEMENT BETWEEN PUGET SOUND ENERGY, INC. AND CITY OF AUBURN Date: Dil_x_Q_ANJO-0-t_ 13 aO l"1 TABLE OF CONTENTS SECTION 1. SCOPE AND DEFINITIONS 1 SECTION 2. ATTACHMENT 3 SECTION 3. MAINTENANCE 6 SECTION 4. EMERGENCIES 7 SECTION 5. RELOCATION, REPLACEMENT, AND REMOVAL OF POLES 7 SECTION 6. FEES 8 SECTION 7. DEFAULT AND REMEDIES 10 SECTION 8. PERFORMANCE OF WORK 11 SECTION 9. PROTECTION OF PROPERTY AND PERSONS 12 SECTION 10. COOPERATION AND COORDINATION 13 SECTION 11. LIENS 13 SECTION 12. COMPLIANCE WITH LAWS 13 SECTION 13. TAXES 14 SECTION 14. PERMITS AND PROTECTION OF EXISTING RIGHTS 14 SECTION 15. EXAMINATION OF RECORDS 15 SECTION 16. STATUS OF CITY OF AUBURN 15 SECTION 17. RELEASE, INDEMNITY, HOLD HARMLESS AND LIMITATION OF LIABILITY 15 SECTION 18. WORKER'S COMPENSATION, INSURANCE AND BONDS 16 SECTION 19. RISK OF LOSS 17 SECTION 20. REIMBURSEMENT AND PAYMENT 17 SECTION 21. ATTORNEY'S FEES 17 SECTION 22. LATE CHARGES AND INTEREST 17 SECTION 23. NONWAIVER 17 SECTION 24. ASSIGNMENT; SUCCESSORS AND ASSIGNS 18 SECTION 25. NOTICES AND OTHER COMMUNICATIONS 18 SECTION 26. VOLUNTARY EARLY TERMINATION 19 SECTION 27. SURVIVAL 19 SECTION 28. REGULATORY APPROVALS 19 SECTION 29. MISCELLANEOUS 19 SECTION 30. APPLICABLE LAW 20 SIGNATURES 20 APPENDICES A POLE ATTACHMENT AGREEMENT FOR CITY OF AUBURN This Agreement, dated as of 13,r.Q l', is made by and between Puget Sound Energy, Inc., a Washing on corporation ("PSE"), and City of Auburn ("City of Auburn"). In this Agreement City of Auburn and PSE are sometimes referred to individually as a "Party" and collectively as the "Parties." PSE and City of Auburn agree as follows: SECTION 1. SCOPE AND DEFINITIONS 1.1 This Agreement governs all attachments of City of Auburn's fiber optic communications system (the "System") and related Equipment now or hereafter made in relation to any utility poles owned in whole by PSE (individually a "Pole", collectively the "Poles"), with or without PSE's consent. 1.2 When used in this Agreement with the initial letter capitalized, the following terms shall have the following specified meanings: "Agreement" means this Pole Attachment Agreement between PSE and City of Auburn together with all exhibits attached hereto. "Annual Rental Fee" means the fees described in the attached Appendix III. "Arm" means any wood, fiberglass or steel extension from a Pole used to support Equipment. "Assignment" as described in Section 24 of this Agreement. "Attach" (or any conjugation thereof) means to affix, fasten or otherwise attach Equipment to a Pole, either directly or indirectly, including, without limitation, by overlashing or attaching any Equipment to other equipment, cables, attachments or devices affixed, fastened or otherwise attached to a Pole. . "Attachment" will have the meaning given to it on Section 2.1 of the Agreement. "Attachment Application" a written or electronic application form(s) requesting permission to attach any Equipment to any Pole. "Attachment Permit" or "Permitted Attachment" will mean a completed permit in the form of Appendix II attached hereto that has been duly and properly executed by PSE or an Attachment authorized in such permit. "Calendar Year" means any period from January 1 through December 31 of any given year. "Certificate of Insurance" means a certificate showing existing insurance, including limits of liability and deductible amounts. City of Auburn I a ii , 2017 Pole Attachment Agreement Page 1 of 29 "Electronic Notice" will have the meaning given to it in Section 25.2 of the Agreement. "Equipment" means any coaxial and fiber optic cables, messenger strand, conduit or risers, span guys, down guys, anchors, service drops, mainline, overlash (i.e., any conductor that is overlashed on an existing conductor after the initial permit), a configuration of equipment attached to the Pole that includes one or more of the following: power supplies, equipment enclosures, amplifiers and terminal boxes or other similar equipment, other attachments and related equipment made in relation to a utility pole. "Event of Default" will have the meaning given to it in Section 7.1 of the Agreement. "Facilities" means any poles, towers, arms, transformers, down guys and anchors, vaults, conduits, handholds, and/or electric system appendices. "First Trip Costs" means any expenses and costs incurred by PSE for transfer of City of Auburn's Attachment(s) to a replacement Pole (at the same time PSE is transferring its own facilities to the replacement Pole). "Indemnitees" means PSE, its successors and assigns, and the respective directors, officers, employees, and agents of PSE and its lawful successors and assigns. "Make-ready" means any and all work relating to the installation of additional Poles, Poles of greater height or strength, additional guying, or re-arrangements of PSE's Equipment or the Equipment of any other party licensed by PSE to use the Poles as required in order for PSE to provide City of Auburn with access to the Poles. "NESC" means, at any given point in time, the then-current version of the National Electric Safety Code. "NJUNS" means the National Joint Utility Notification System or a substantially comparable electronic communication system agreed upon in writing by the Parties. "Notice of Termination" means any one hundred-eighty (180) calendar day Written Notice by Party requesting Termination of the Agreement to non-terminating Party. "Plan of Correction" means a mutually agreeable plan to correct any Unauthorized Attachment. "Pole" will have the meaning given to it in Section 1.1 of the Agreement. "PSE Pole Attachment Specifications" means the specifications set forth in the attached Appendix V. "Return Trip Costs" means any fee assessed by PSE to City of Auburn when PSE must return to job site to perform transfer work. "System" will have the meaning given to it in Section 1.1 of the Agreement. City of Auburn II 3 , 2017 Pole Attachment Agreement Page 2 of 29 "Termination" cancellation and/or voidance of this Agreement or any Attachments made pursuant thereto. "Termination of Attachment Notice" means any Written Notice by Party requesting Termination of the Attachment to non-terminating Party. "Topping Fee" means any fee assessed by PSE to City of Auburn for removal of the upper portion of any replaced Pole in the event PSE does not transfer City of Auburn's Attachment(s) to the replacement Pole. • "Unauthorized Attachment" means any Attachment(s) to any Pole(s) by City of Auburn in violation of the terms and conditions of this Pole Attachment Agreement. "Work" means any work relating to the attachment, maintenance, repair, relocation, replacement or removal of Equipment and other work performed by City of Auburn in connection with this Agreement, or the attachment of Equipment to Poles performed by City of Auburn in connection with this Agreement. "Written Notice" will have the meaning given to it in Section 25.1 of the Agreement. SECTION 2. ATTACHMENT 2.1 Any piece of Equipment that occupies space on a Pole will be considered an "Attachment." Any and all City of Auburn Attachments are subject to this Agreement. Attachments are limited to: • coaxial and fiber optic cables • messenger strand • conduit or risers • span guys • down guys • anchors . • service drops • mainline • a configuration of equipment attached to the Pole that includes one or more of the following: power supplies, equipment enclosures, amplifiers and terminal boxes or s other similar equipment 2.2 City of Auburn shall not attach any Equipment to any Pole without PSE's prior written consent in accordance with paragraph 2.3 below, regardless of whether or not City of Auburn has a valid permit for Attachments previously attached on such Pole. This Agreement shall not in itself constitute any such consent. Should City of Auburn fail to obtain a valid permit prior to attaching Equipment to any Pole, in accordance with Section 2.3, City of Auburn shall be liable for an Unauthorized Attachment in accordance with Section 6. City of Auburn ! ) 13 2017 Pole Attachment Agreement Page 3 of 29 3 2.3 If City of Auburn desires to attach any Equipment to any Pole, City of Auburn shall submit to PSE an "Attachment Application", via the written application form in Appendix II or an "Electronic Notification' as outlined in paragraph 25.2. At a minimum, the pole Attachment Application shall include the information specified in Appendix II, which is • attached and incorporated by reference. PSE retains sole discretion to modify the information required in the Attachment Application, upon sixty (30) days Written Notice to City of Auburn, and such modification shall be effective on the date referenced in the notification. The Attachment shall be deemed installed on the date the Attachment Permit is approved. However, should City of Auburn fail to install an Attachment on a Pole for which an Attachment Permit has been granted within six (6) months from the approval date of the Attachment Permit, that Permit shall expire and no Attachment shall be made on that Pole by City of Auburn until a new Attachment Permit is granted. If City of Auburn wishes to remove an Attachment, it must submit a "Termination of Attachment Notice" to PSE via "Electronic Notification" as outlined in paragraph 25.2. If City of Auburn wished to assign an Attachment to a third party, City of Auburn must comply with the requirement of Section 24 (Assignment). If City of Auburn does not submit a Termination of Attachment Notice (and thereafter timely remove the affected Attachment) or an assignment is not made in accordance with Section 24 (Assignment), prior to the beginning of a Calendar Year, the applicable Attachment Permit shall be considered active and City of Auburn shall be assessed the appropriate Annual Rental Fee. An Attachment Permit does not relieve City of Auburn of obligations or liabilities due under this Agreement. Any Attachment made without an Attachment Permit or not in accordance with the specifications listed in the Attachment Permit shall be considered an Unauthorized Attachment. 2.4 Unless otherwise directed by PSE, City of Auburn shall submit each Attachment Application to: Puget Sound Energy, Inc. 119900 North Creek Parkway I BOT-01G (Bothell I WA 1 980111 Contract Services 2.5 PSE may deny any Attachment Application for the following reasons: (a) insufficient capacity (when all potential accommodations have been reviewed by PSE and communicated to City of Auburn); (b) Facilities are necessary for PSE's sole utility business use; (c) City of Auburn's proposed Attachment violates the National Electrical Safety Code (NESC) or any other applicable code, law, rule or regulation, or unduly compromises safety; (d) City of Auburn's proposed Attachment threatens the reliability of PSE's system; (e) City of Auburn's proposed Attachment does not comply with general applicable engineering standards; or (f) City of Auburn's account is not in good standing. City of Auburn /oZ/>' 3 , 2017 Pole Attachment Agreement Page 4 of 29 In the event that PSE gives its written or electronic consent for any Equipment to be Attached to a Pole, City of Auburn shall Attach such Equipment only in strict accordance with: a) such Application; b) any conditions or qualifications set forth in PSE's consent; and c) the provisions of this Agreement. City of Auburn shall have the right to make Attachments to PSE Facilities in accordance with the terms of the Attachment Permit and this Agreement. No application shall be deemed approved without Written Notice or Electronic Notice indicating approval from PSE. 2.6 City of Auburn shall reimburse PSE for any and all costs and expenses incurred by PSE in connection with the processing and review of each Application (including but not limited to the cost of identifying and estimating the cost of required changes under paragraph 2.7) and in connection with services performed by PSE at the request of City of Auburn (whether prior to or after the submittal of an Application), including, without limitation, any of the following: a) Field engineering review of proposed routes to identify potential problems with the proposed Attachment; b) Preparation and provision of drawings or other documents relating to the Poles or any facilities on the Poles. c) Engineering review of proposed Attachments to determine the consequences of additional strain on the Poles; d) Review of proposed routes to identify easement problems that may limit or preclude the proposed Attachment; e) Rights-of-Way services to obtain easements or other rights from private land owners to enable Equipment to be Attached to the Pole. f) Transmission poles with no communication attachment or distribution underbuild are not available to attach to. g) Transmission pole requests must have a structural pole analysis completed prior to review of approval of attachment at the cost of the applicant. h) PSE may require distribution pole attachment requests have a structural analysis completed prior to review of approval of attachment at the cost of the applicant. Amounts recoverable by PSE hereunder shall consist of fully allocated costs for labor (including but not limited to all payroll costs and overhead and all applicable engineering, supervision, and administrative overheads), transportation, employee expenses, attorney's fees, reprographic services, supplies, telephone service and other expenses. This paragraph 2.6 shall not obligate or be construed to obligate PSE to perform any service or to take any action whatsoever with respect to an Attachment, an Attachment Application, or any request made by City of Auburn. City of Auburn /3 ,2017 Pole Attachment Agreement Page 5 of 29 2.7 City of Auburn understands and acknowledges that nothing in this Agreement grants or purports to grant to City of Auburn any right or interest of any kind in or to the real property on which any Pole is located and, subject to applicable law, City of Auburn is solely responsible for seeking and obtaining all permits, licenses, easements, franchise rights and other rights required from the owner of the underlying property (including, without limitation, PSE) for City of Auburn to Attach, maintain, repair, relocate or remove any Equipment in relation to any Pole. In no event, however, shall such actions in any way limit or relieve City of Auburn of its obligations under Section 14 or any other provision of this Agreement. 2.8 If, in the judgment of PSE, the accommodation of any proposed Attachment requires the replacement of an existing Pole to provide adequate Pole facilities, PSE will inform City of Auburn of the required changes and the estimated cost of such changes based on PSE's engineering work standards. If Comcast desires to Attach such Equipment and so notifies PSE within thirty (30) days after PSE informs City of Auburn of the required changes and estimated cost, PSE shall perform such work and City of Auburn shall reimburse PSE for the entire expense thereby incurred. If City of Auburn decides that it does not wish to Attach such Equipment after receiving notification of the required change(s) and estimated cost(s) of such changes, City of Auburn may decline to do so; provided, however, that City of Auburn shall still be required to pay the reasonable cost(s) incurred by PSE with respect to providing the change information and estimated cost(s) for the proposed Attachment(s). 2.9 Unless otherwise directed by PSE, City of Auburn shall install guys and anchors necessary to support the additional strain imposed on any Pole by any Attachment in a manner satisfactory to PSE. If PSE installs or replaces guys or anchors to support the strain imposed by such Attachment, City of Auburn shall reimburse PSE for the entire cost and expense of such installation or replacement (including, but not limited to, the cost of installing or transferring guys to such anchors). 2.10 City of Auburn shall clearly identify all new Attachments at each Pole in distinctive orange marking and as otherwise agreed to by the Parties. In the event that City of Auburn performs general maintenance to existing Attachments, or takes such other action affecting such existing Attachments, City of Auburn shall clearly identify such existing Attachments in distinctive orange marking and as otherwise agreed to by the Parties. In the event City of Auburn acquires another entity's Equipment, or enters this Agreement with existing Equipment on PSE Facilities, City of Auburn shall properly identify the newly acquired Equipment in distinctive orange marking and as otherwise agreed to by the Parties within twelve (12) months or within a mutually agreeable earlier timeframe. If City of Auburn removes some or all of its Equipment from a Pole, City of Auburn shall remove all corresponding identification tags, pole tags, and any other method of identification from the Pole. SECTION 3. MAINTENANCE City of Auburn /4/3 ,2017 Pole Attachment Agreement Page 6of29 City of Auburn shall maintain all Equipment Attached to any Pole in good and safe condition. City of Auburn shall maintain current and accurate location maps and records of all such Attachments. SECTION 4. EMERGENCIES In the event of an emergency, PSE may relocate any Attachments and take such other action affecting such Attachments, as PSE deems appropriate in the circumstances. The Parties' respective emergency phone numbers are as follows: Puget Sound Energy, Inc. 11-888-225-5773 City of Auburn 11-253-261-1601 Each Party shall promptly notify the other of any change in such Party's emergency phone number. SECTION 5. RELOCATION, REPLACEMENT, AND REMOVAL OF POLES 5.1 City of Auburn understands and agrees that PSE Facilities are essentially for PSE's exclusive use. PSE reserves the right at any time, without City of Auburn's knowledge or consent, to add to its Facilities, raise the voltage on its circuits or change their character or to remove, replace, or relocate the Facilities. In the event PSE modifies, removes, replaces or relocates its Facilities and such change requires City of Auburn to remove or relocate City of Auburn's Equipment, PSE shall provide City of Auburn with either Written Notice or Electronic Notice. City of Auburn shall relocate or remove its Equipment, at City of Auburn's sole expense, within thirty (30) days from the date of PSE's Written Notice or Electronic Notice requesting the relocation or removal of City of Auburn's Equipment. Following the thirty (30) days, at PSE's discretion, PSE may remove or relocate the Equipment and bill City of Auburn for the cost of such removal or relocation. If City of Auburn performs the removal or relocation work, City of Auburn shall be responsible for any liability or additional costs associated with removing the old Facilities and relocating them. 5.2 PSE may in an emergency, relocate, replace, or remove such Attachment and perform any other work in connection with such Attachment that may be required for the maintenance, relocation, replacement, or removal of said Poles, or the facilities thereon or which may be placed thereon, or for the service needs of PSE. All such work shall be performed at City of Auburn's sole risk and expense and City of Auburn shall reimburse PSE for the entire expense thereby incurred. 5.3 If, in the judgment of PSE, an existing Attachment on any Pole interferes with or prevents the attachment of any additional facilities of PSE or any other person or entity having a joint ownership interest with PSE in such Pole, and if such additional facilities could be attached to such Pole by removing the Attachment or by rearranging existing facilities thereon, PSE will so notify City of Auburn. Such notice shall state what rearrangement of facilities or Pole replacement and transfer of facilities is required to continue the accommodation of the Attachment. If City of Auburn desires to continue to maintain the Attachment on such Pole and so notifies PSE within thirty (30) days after PSE gives notice to City of Auburn, City of Auburn shall make such rearrangement at the City of Auburn _ ,2017 Pole Attachment Agreement Page 7 of 29 sole risk and expense of City of Auburn. If City of Auburn does not so notify PSE prior to the end of such thirty (30) day period, PSE shall make such rearrangement at the sole risk and expense of City of Auburn, and City of Auburn shall reimburse PSE for the entire expense thereby incurred. if City of Auburn does not desire to continue to maintain the Attachment on such Pole, City of Auburn shall remove the Attachment from such Pole within thirty (30) days from the date of PSE's original notice to City of Auburn. If the Attachment is not removed from the Pole at the end of the thirty (30) day period, PSE may remove the Attachment at City of Auburn's sole risk and expense and City of Auburn shall reimburse PSE for the entire expense thereby incurred. 5.4 If PSE replaces or relocates an existing Pole, PSE will be responsible for transferring its .E Facilities to the replacement Pole. PSE may, in its discretion, also transfer City of Auburn 's Attachment(s) to the replacement Pole, provided that City of Auburn has given its prior approval. The physical transfer will be made at the sole risk and expense of City of Auburn. If PSE transfers City of Auburn 's Attachment(s) to the replacement Pole at the same time PSE is transferring its own facilities to the replacement Pole, City of Auburn shall reimburse PSE for any and all costs and expense thereby incurred in connection with such transfer in accordance with Appendix IV, "First Trip Costs" which may be amended from time to time upon written notice to City of Auburn from PSE. If PSE replaces or relocates an existing Pole on which there is an Attachment, and PSE does not have City of Auburn 's approval or for any other reason does not transfer City of Auburn 's Attachment(s) to the replacement Pole, then PSE may remove the upper portion of the replaced Pole approximately one (1) foot above the highest communication attachment and City of Auburn shall transfer its Attachment(s) to the replacement Pole within thirty (30) days and reimburse PSE the "Topping Fee" in accordance with Appendix IV, which may be amended from time to time. If City of Auburn fails after thirty (30) day's notice to transfer its Attachrnent(s) from the replaced Pole to the replacement Pole, PSE may have such work performed by a licensed contractor competent to perform such work, and PSE will charge City of Auburn for such work in accordance with Appendix IV, "Return Trip Costs". 5.5 PSE may, in its sole discretion, choose to install an Arm to support facilities on a Pole, whether such Pole is solely owned by PSE or is jointly owned by PSE and another owner. In such case, PSE may require City of Auburn to relocate any of its Attachments to the Arm in accordance with paragraph 5.2 above. 5.6 If at any time PSE determines, in its reasonable judgment, that a Pole is required for the sole use of PSE or is no longer suitable for attachment of City of Auburn 's Equipment because of safety or the other factors set forth in Section 2.5, PSE may require City of Auburn to remove its Attachments from such Pole upon sixty (60) days' advance notice. In the event City of Auburn fails to remove its Attachments from the Pole within such sixty (60) day period, PSE may remove such Attachments at City of Auburn's sole risk and expense and City of Auburn shall reimburse PSE for the entire expense thereby incurred. SECTION 6. FEES 6.1 City of Auburn shall pay PSE "Annual Rental Fees" when due, in accordance with and incorporated by reference as Appendix III. PSE may adjust the Annual Rental Fee City of Auburn /a/J ,2017 Pole Attachment Agreement Page 8 of 29 payable by City of Auburn under this Agreement at any time and from time to time by notice submitted in accordance with Section 25.1 6.2 Payment from City of Auburn for Annual Rental Fees for each Calendar Year and all other PSE invoices are due within thirty (30) days of receipt of the invoice from PSE. 6.3 Annual Rental Fees for Attachments permitted on or after the beginning of the current Calendar Year shall be billed after the Attachment Permits for those attachments are approved by PSE; provided, however, that the foregoing will not relieve City of Auburn from any liability for Attachments made without PSE approval, including, without limitation, payment of any and all Annual Rental Fees with respect thereto. There shall be no abatement or reduction in such fees for Attachments in place for less than the full Calendar Year, for Attachments permitted but not yet actually made or Attachments that are acquired, assigned, or purchased by City of Auburn during the Calendar Year from another entity. 6.4 Fees for Transferring Communication Equipment (Appendix IV) may be adjusted by PSE from time to time. PSE shall provide to City of Auburn at least sixty 60 days prior Written Notice before the effective date of the new fees. 6.5 City of Auburn may overlash its Equipment onto existing Equipment owned by it and such overlash shall not be considered a separate Attachment for purposes of assessing the PSE Annual Rental Fee. City of Auburn must submit a new Attachment Application prior to overlashing. Such overlashed cable shall be subject to all other terms and conditions of the Pole Attachment Agreement including inspection by PSE prior to City of Auburn overlashing. In the event of an emergency or for general maintenance purposes, City of Auburn may overlash its Equipment without submitting a new Attachment Application prior to overlashing. City of Auburn must promptly notify PSE pursuant to City of Auburn overlashing. Such overlashed cable shall not exceed four (4) Pole span lengths and shall be subject to all other terms and conditions of the Pole Attachment Agreement including inspection by PSE pursuant to City of Auburn overlashing. In addition, PSE may recover its administrative, engineering and inspection costs associated with approving City of Auburn's overlashing. Under no circumstances shall City of Auburn overlash its Equipment onto existing Equipment that is not owned by City of Auburn, nor shall City of Auburn allow third parties to overlash its existing Equipment. PSE shall assume that the strand owner also owns the overlashed Equipment, unless otherwise notified by City of Auburn or a third party. Any overlash that does not comply with this Section shall be considered an Unauthorized Attachment. 6.6 City of Auburn may attach guy wires to PSE anchors with PSE's prior approval according to paragraph 2.9 above using the method described in the PSE Attachment Specifications. 6.7 Unauthorized Attachments shall be addressed as follows: City of Auburn i„).//3 ,2017 Pole Attachment Agreement Page 9 of 29 a) within sixty (60) days of receipt of notice specifying the Unauthorized Attachment, City of Auburn shall correct the Unauthorized Attachment in accordance with this Agreement and send Written Notice to PSE of its compliance; or b) within thirty (30) days of receipt of notice specifying the Unauthorized Attachment, City of Auburn shall submit to PSE a mutually agreeable plan to correct the Unauthorized Attachment ("Plan of Correction") and thereafter City of Auburn complies with the plan, if accepted by PSE or with another plan approved by PSE. • City of Auburn's Plan of Correction shall, at a minimum, set out the completion date, as well as reasons to support that date. c) Notwithstanding Section 6.8 (a & b) above, should PSE determine that the Unauthorized Attachment poses an immediate hazard, PSE may require a shorter period of time to correct the Unauthorized Attachment. d) If City of Auburn has failed to meet the timeline specified in Section 6.8 (a or b) by sixty (60) days or more, PSE may (i) Correct the Unauthorized Attachment and City of Auburn shall be liable for all . costs associated with this correction, or (ii) remove City of Auburn's Attachments and City of Auburn shall be liable for all costs associated with this removal. 6.8 If the rearrangement of PSE's Facilities or the Equipment of any other party licensed by PSE to use the Facilities are required in order for PSE to provide City of Auburn with access to the Facilities ("Make-ready"), the costs for such additional Facilities and Make- ready, including, but not limited to, special inspections, pre-construction, engineering, • make ready, change out, rearrangement work, shall be at the sole expense of the City of Auburn, and City of Auburn agrees to pay all invoices when due. 6.9 For the purposes of this Agreement, an account is in good standing if all invoices are paid in accordance with Article 6 (Fees). SECTION 7. DEFAULT AND REMEDIES 7.1 PSE expects City of Auburn to respond to PSE notices, including timely payment of invoices, and to remove abandoned Equipment, identify Equipment, and provide prior Written Notice of any proposed assignment of Equipment or entity. The occurrence of any one or more of the following events constitutes an "Event of Default" by City of Auburn: a) City of Auburn fails to pay any amount due under this Agreement within ten (10) days after receipt of Written Notice of such failure from PSE. b) City of Auburn fails to provide prior Written Notice to PSE of intent to assign this Agreement or the Equipment attached to PSE Facilities. c) City of Auburn assigns this Agreement, in violation of the terms and conditions of this Agreement, without prior written consent from PSE. d) A petition is filed by or against City of Auburn under the Federal Bankruptcy Code or any similar law or statute of the United States or any state (and with respect to any petition filed against City of Auburn, such petition is not dismissed within sixty (60) days after the filing thereof) or City of Auburn is adjudged a bankrupt or City of Auburn — /LII 3 , 2017 Pole Attachment Agreement Page 10 of 29 insolvent, or receiver, custodian or trustee is appointed for City of Auburn or for any of the assets of City of Auburn which appointment is not vacated within thirty (30) days of the date of appointment, or City of Auburn becomes insolvent, is unable to pay its debts and they become due, or makes a transfer in fraud of creditors. e) City of Auburn fails to perform or observe any other term or condition of this Agreement and such failure continues for thirty (30) days after Written Notice from PSE; provided, however that if such failure is capable of being cured, but not within such 30-day period, PSE may extend such period as approved in writing by PSE, so long as City of Auburn commences appropriate curative action and diligently prosecutes such cure to completion. 7.2 So long as an Event of Default applicable to this Agreement continues beyond the specified period or, if no period is specified, beyond thirty (30) days, PSE may terminate this Agreement without notice or demand except as expressly required above, revoke all PSE Attachment Permits issued to City of Auburn, and pursue any other remedy it may have under applicable law. In the event PSE terminates this Agreement pursuant to this Article, City of Auburn shall disconnect City of Auburn's Equipment from PSE Facilities within nine (9) months. Should City of Auburn fail to remove its Equipment within the nine (9) month period, or should City of Auburn fail to begin such removal promptly after termination and thereafter work diligently and continuously to effect such removal, PSE may remove City of Auburn's Equipment at City of Auburn's expense. SECTION 8. PERFORMANCE OF WORK 8.1 The Attachment, maintenance, repair, relocation, replacement, and removal of Equipment and other work performed by City of Auburn in connection with this Agreement or the Attachment of Equipment to Poles is sometimes collectively referred to herein as the "Work." 8.2 City of Auburn shall furnish all personnel, supervision, labor, transportation, tools, equipment and materials for performance of the Work. City of Auburn shall expeditiously and efficiently perform the Work in accordance with the provisions of this Agreement. City of Auburn shall ensure that all personnel who perform its Work shall be fully experienced and properly qualified to perform the same. City of Auburn shall not hire any employee of PSE to perform any of the Work. 8.3 City of Auburn shall perform the Work in a workmanlike and skillful manner. City of Auburn shall ensure that the Work and the Equipment is in all respects (a) safe, (b) of first-class quality, (c) free from all faults and defects in workmanship, material and design, and (d) in conformance with such requirements of the current PSE Pole Attachment Specifications (Appendix V) and all laws and the regulations, orders and decrees of all lawfully constituted bodies and tribunals pertaining to Pole line construction, operation and maintenance, including without limitation, the requirements of the latest edition of the National Electrical Safety Code. 8.4 City of Auburn shall promptly and satisfactorily correct or replace any Work or Equipment found to be defective or not in conformity with the requirements of this Agreement (including, but not limited to, the requirements of paragraph 8.3). If City of City of Auburn ! 13 , 2017 Pole Attachment Agreement • Page 11 of 29 Auburn fails or refuses to perform any Work required by this Agreement or to make any such corrections or replacements, PSE may perform such Work and make such corrections and replacements at City of Auburn's expense. 8.5 City of Auburn shall ensure that all personnel who perform the Work shall be fully experienced and properly qualified to perform the same. City of Auburn shall, if so requested by PSE, remove from performance of the Work any personnel.whom PSE finds to be incompetent, careless or otherwise objectionable. 8.6 Whenever City of Auburn has knowledge of any actual or potential labor dispute involving its employees which may in any way affect, delay or arise in connection with or as a result of the performance of the Work or this Agreement, City of Auburn shall immediately notify and submit all relevant information to PSE. 8.7 City of Auburn shall, at all times, keep its work areas cleared of rubbish, refuse and other debris and in a neat, clean and safe condition. Upon completion of any portion of any of the Work, City of Auburn shall promptly remove all rubbish, refuse and other debris and all of its equipment and surplus materials. 8.8 City of Auburn shall give immediate attention to, and shall use its best efforts to promptly, courteously and equitably respond to, adjust and settle (without obligating PSE in any way), all complaints received by City of Auburn from third parties arising out of or in connection with performance of the Work. City of Auburn shall promptly notify PSE of all such complaints and any action taken (or to be taken) in connection therewith. In handling any complaints, City of Auburn shall use its best efforts to maintain and promote good public relations for PSE. SECTION 9. PROTECTION OF PROPERTY AND PERSONS 9.1 City of Auburn shall take all precautions necessary to prevent bodily injury (including death) to persons and damage to any property or environment arising in connection with performance of the Work or the operation of the Equipment. Without limiting the generality of the foregoing, City of Auburn shall erect and maintain such barricades, signs, flags, flashers, and other safeguards as are required from time to time by PSE. City of Auburn shall inspect all goods, materials, tools, equipment, and other items to discover any conditions which involve a risk of bodily injury (including death) to persons, or a risk of damage to any property or environment, and shall be solely responsible for discovery and correction of, and protection against, all such conditions. 9.2 All property damaged, altered or removed in connection with City of Auburn 's performance of the Work or the operation of the Equipment shall be promptly repaired, replaced or otherwise restored by City of Auburn to at least as good quality and condition as existed prior to such damaging, alteration or removal. 9.3 City of Auburn shall ensure that no utility (including all supply, disposal, distribution and communication systems, and all similar or related facilities, equipment and other property) is damaged, altered, removed or interrupted in connection with the performance of the Work or the operation of the Equipment. If City of Auburn requires the temporary shutoff of any of PSE's electric circuits or other elements of its or a third party's utility system, City of Auburn shall request PSE's approval thereof at least forty- eight (48) hours in advance of the time it requires the shutoff. City of Auburn shall City of Auburn /a ! :2017 Pole Attachment Agreement Page 12 of 29 perform the Work requiring the shutoff only after such approval has been obtained and on such days and at such hours as PSE may direct. 9.4 Prior to performing any of the Work, City of Auburn shall obtain from PSE all relevant information as to the nature of the electric circuits attached to the Poles to which such Work relates. City of Auburn shall ensure that such circuits continue in normal operation at all times during performance of the Work. Without limiting paragraph 9.1, City of Auburn shall take all precautions which are necessary to prevent bodily injury (including death) and property damage resulting from such circuits in the course of performing the Work. SECTION 10. COOPERATION AND COORDINATION 10.1 City of Auburn acknowledges and anticipates that the Work may be interfered with and delayed from time to time on account of the concurrent performance of work by PSE or others. City of Auburn shall fully cooperate with PSE and others and coordinate the Work with such other work so as to minimize any delay or hindrance of any work. 10.2 If any part of the Work depends upon the results of other work by PSE or others, City of Auburn shall, prior to commencing such Work, notify PSE in writing of any actual or apparent deficiencies or defects in such other work that renders it unsuitable for performance of the Work. Failure of City of Auburn to so notify PSE shall constitute an acceptance by City of Auburn of such other work as suitable for performance of the Work, except as to latent defects which may subsequently be discovered in such other work. SECTION 11. LIENS City of Auburn shall timely pay all (and shall promptly secure the discharge of any liens asserted by any) persons and entities furnishing labor, equipment, materials or other items in connection with the Work. City of Auburn shall furnish to PSE such releases of claims and other documents as may be requested by PSE from time to time to evidence such payment (and discharge). If any such persons or entities are not timely paid (or if any of such liens are not promptly discharged), PSE may make such payments (and secure such discharge) at City of Auburn's expense and City of Auburn shall reimburse PSE for the entire expense thereby incurred. SECTION 12. COMPLIANCE WITH LAWS 12.1 In the performance of the Work and this Agreement, City of Auburn shall comply and shall ensure that all contractors of any tier comply with all applicable: a) Laws, ordinances, rules, regulations, orders, licenses, permits and other requirements, now or hereafter in effect, of any governmental authority; b) Industry standards and codes; and c) PSE Pole Attachment Specification, which is attached and incorporated by reference as Appendix V and may be modified by PSE from time to time. City of Auburn shall furnish such documents as may be required to effect or evidence compliance. All laws, regulations, and orders required to be incorporated in agreements of this character are hereby incorporated herein by this reference. City of Auburn /al/3 ,2017 Pole Attachment Agreement Page 13 of 29 =MIIL 12.2 If applicable, City of Auburn shall comply with Executive Order No. 11246, Executive Order No. 11701, the Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Rehabilitation Act of 1973, and all orders, rules and regulations promulgated thereunder (including, but not limited to 41 C.F.R. Part 60-1, 41 C.F.R. Part 60-250 and 41 C.F.R. Part 60-741), all as the same may have been or may be amended. The "equal opportunity clause of 41 C.F.R. § 60-1.4(b), the "Affirmative Action Obligations for Disabled Veterans and Veterans of the Vietnam Era" clause of 41 C.F.R. § 60-250.4 and the "Affirmative Action for Handicapped Workers" clause of 41 C.F.R. § 60-741.4 are incorporated herein by this reference. By signing the Agreement, City of Auburn certifies that segregated facilities (within the meaning of 41 C.F.R. § 60-1.8) are not and will not be maintained or provided for City of Auburn's employees and that City of Auburn will not permit its employees to perform Work at any location under City of Auburn's control where segregated facilities are maintained. City of Auburn shall obtain a similar certification from any of its subcontractors or suppliers as required by 41 C.F.R. § 60- 1.8. This paragraph 12.2 shall apply only if and to the extent required by law or by any agreement now or hereafter entered into between PSE and the United States of America. SECTION 13. TAXES City of Auburn shall pay (except as otherwise required by law) all taxes applicable to or incurred in connection with the Work, the Equipment, or the System of which the Equipment constitutes a part. SECTION 14. PERMITS AND PROTECTION OF EXISTING RIGHTS 14.1 City of Auburn shall obtain and comply (and shall ensure that all of City of Auburn's suppliers and subcontractors of any tier comply) with all permits, licenses, franchises, rights-of-way, easements and other rights required to perform the Work and operate the Equipment and the System in accordance with this Agreement. City of Auburn shall furnish to PSE such evidence thereof as PSE may request. Compliance with this paragraph 14.1 shall be the sole responsibility of City of Auburn and a continuing condition of the use of the Poles by City of Auburn. 14.2 City of Auburn shall release and defend, indemnify and hold harmless PSE, its successors and assigns, and the respective directors, officers, employees, and agents of PSE and its successors and assigns (collectively referred to hereafter as the "Indemnitees") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with any violation (or alleged violation) of any contract, permit, license, franchise, right- of-way, easement or other rights of PSE that is based on or relates to any Attachment. Upon the request of PSE, City of Auburn shall immediately remove any Attachment that violates, is alleged to violate or, in the judgment of PSE, jeopardizes any contract, permit, license, franchise, right-of-way, easement or other rights of PSE. If City of Auburn fails to remove the Attachment within fifteen (15) days after PSE makes its request, PSE may remove the Attachment at City of Auburn's sole risk and expense and City of Auburn shall reimburse PSE for the entire expense thereby incurred. City of Auburn fa./13 ,2017 Pole Attachment Agreement Page 14 of 29 SECTION 15. EXAMINATION OF RECORDS City of Auburn shall promptly furnish PSE with such information related to the Work or the Equipment as may from time to time be requested by PSE. Until the expiration of three (3) years after the termination of the Term, PSE shall have access to examine all of City of Auburn's books, documents, papers and records which are related to the Work, the Equipment, or this Agreement. SECTION 16. STATUS OF CITY OF AUBURN 16.1 City of Auburn represents and warrants that it is, and that at all times during the Term it shall be properly authorized, licensed, organized, equipped and financed to perform the Work and to operate the Equipment and the System. 16.2 City of Auburn shall be and operate as an independent entity (not a contractor, agent or representative of PSE) in the performance of the Work and the operation of the Equipment and City of Auburn's System. In no event shall City of Auburn be authorized to enter into any agreements or undertakings for or on behalf of PSE or to act as or be an agent or representative of PSE. SECTION 17. RELEASE, INDEMNITY, HOLD HARMLESS AND LIMITATION OF LIABILITY • 17.1 City of Auburn releases and shall defend, indemnify and hold harmless the Indemnitees from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising (whether before or after termination of the Term) out of or in connection with any Attachment, the performance of the Work, the operation of the Equipment or the System by City of Auburn, the enforcement of this Agreement by PSE, any default under or breach of this Agreement by City of Auburn or the acts or omissions of City of Auburn or any of its suppliers or subcontractors of any tier, the respective successors and assigns of City of Auburn or any such suppliers or subcontractors, the directors, officers, employees and agents of each of the foregoing, or anyone acting on City of Auburn's behalf in connection with this Agreement. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnitees; provided, however, that City of Auburn shall not be required to so indemnify any Indemnitee(s) against any claim, loss, cost, liability, damage or expense to the extent the same is caused by or results from the negligence of any Indemnitee(s). In connection with any action to enforce this Section 17, City of Auburn waives any immunity, defense, or protection under any workers' compensation, industrial insurance, or similar laws (including, but not limited to, the Washington Industrial Insurance Act, Title 51, of the Revised Code of Washington). PSE is willing to permit Attachments for the fees described in Section 6 only in consideration of and in reliance upon such release, indemnity and hold harmless. Consequently, such release, indemnity, and hold harmless shall be construed broadly in favor of the Indemnitees. 17.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, PSE SHALL NOT HAVE ANY LIABILITY TO CITY OF AUBURN FOR ANY: LOSS OF PROFIT OR REVENUE, LOSS OF USE OF THE EQUIPMENT OR THE SYSTEM, CLAIMS OF CUSTOMERS OF CITY OF AUBURN FOR SERVICE INTERRUPTIONS, OR DIRECT, City of Auburn /�'1 3 ,2017 Pole Attachment Agreement Page 15 of 29 INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, AS A RESULT OF OR RELATED TO THE EQUIPMENT, ANY ATTACHMENT, OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE, EVEN IF PSE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. SECTION 18. WORKER'S COMPENSATION, INSURANCE AND BONDS 18.1 City of Auburn shall ensure that City of Auburn and all persons performing the Work, City of Auburn or its suppliers or subcontractors, maintain in effect at all times during the Work, coverage or insurance in accordance with the applicable laws relating to worker's compensation and employer's liability insurance (including, but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. City of Auburn shall furnish to PSE such assurance and evidence of such coverage or insurance (such as copies of insurance policies and Certificates of Compliance issued by the Washington State Department of Labor and Industries) as PSE may request. 18.2 City of Auburn shall secure and maintain in effect at all times during the Term such insurance as will protect the Indemnitees from any and all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Work or this Agreement or the operation of the Equipment or the System, whether such performance or operation is by City of Auburn or any of its suppliers or subcontractors of any tier. All such insurance • shall be placed with such insurers and under such forms of policies as may be acceptable to PSE. 18.3 Without limiting the generality of the foregoing, such insurance shall include the provisions, coverages, and limits as specified by PSE. At the time of execution of this Agreement, and prior to commencement of performance of any of the Work, City of Auburn shall furnish PSE with Certificates of Insurance in the form attached hereto as Appendix I as evidence that policies providing insurance with such provisions, coverages, and limits are in full force and effect. 18.4 City of Auburn shall also furnish PSE with such additional assurance and evidence of such coverage of insurance as PSE may from time to time request. Within thirty (30) days after any notice of termination, cancellation, expiration or alteration in any policy of insurance required under this Agreement, City of Auburn shall deliver to PSE a Certificate of Insurance acceptable to PSE with respect to any replacement policy. 18.5 City of Auburn shall ensure that any policies of insurance that City of Auburn or any of its suppliers or subcontractors of any tier carry as insurance against property damage or against liability for personal injury (including death) or property damage shall include a provision therein providing a waiver of the insurer's right to subrogation against the Indemnitees. To the extent permitted by its insurance policies, City of Auburn hereby waives all rights of subrogation against the Indemnitees. 18.6 The requirements of this Agreement as to insurance and acceptability to PSE of insurers and insurance to be maintained by City of Auburn are not intended to and shall not in City of Auburn ! ,D.// 3 ,2017 Pole Attachment Agreement Page 16 of 29 any manner limit or qualify the liabilities and obligations of or assumed by City of Auburn under this Agreement. SECTION 19. RISK OF LOSS City of Auburn shall be responsible for and shall bear any and all risk of loss, deterioration, theft, vandalism or destruction of or damage to the System and anything used (or to be used or consumed) in connection with the Work. SECTION 20. REIMBURSEMENT AND PAYMENT PSE shall invoice City of Auburn for all amounts payable by City of Auburn to PSE under this Agreement (including, without limitation, the payments described in Section 6 and all reimbursable costs and expenses described elsewhere in this Agreement) as they become due. City of Auburn shall pay each such invoice in full within thirty (30) days after City of Auburn's receipt thereof. SECTION 21. ATTORNEY'S FEES The prevailing Party in any suit, action, or arbitration filed or held concerning this Agreement shall be entitled to recover, in addition to all other relief, its reasonable attorney's fees incurred in connection therewith, both at trial and on any appeal. SECTION 22. LATE CHARGES AND INTEREST 22.1 City of Auburn acknowledges that late payment of any fee or other amounts due to PSE under this Agreement will cause PSE to incur certain administrative, processing accounting costs not otherwise contemplated by this Agreement, the exact amount of which will be extremely difficult, if not impossible, to ascertain. Accordingly, if any fee or other amounts shall not be received by PSE within thirty (30) days after such amounts shall first become due, City of Auburn shall pay to PSE a late charge, as liquidated damages and not as a penalty, equal to two percent (2%) of such overdue amounts as a reasonable estimate of the administrative, processing and accounting costs PSE will incur by reason of late payment by City of Auburn. Such late charge is intended to be in lieu of City of Auburn's liability for such costs, but shall not relieve or release City of Auburn from liability for any other costs or damages suffered by PSE by reason of late payment. Payment of such late charge shall in no event excuse or cure any default under or breach of this Agreement by City of Auburn. 22.2 In addition to any late charge under paragraph 22.1, City of Auburn shall pay to PSE interest, compounded daily, at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, on any fees or other amounts not paid to PSE when due under this Agreement, from the date due until the date paid. Payment of such interest shall not excuse or cure any breach of or default under this Agreement by City of Auburn. SECTION 23. NONWAIVER The failure of PSE to insist upon or enforce strict performance by City of Auburn of any of the provisions of this Agreement, or to exercise any rights under this Agreement, shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely City of Auburn - f QLI/3 ,2017 Pole Attachment Agreement Page 17 of 29 upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. SECTION 24. ASSIGNMENT; SUCCESSORS AND ASSIGNS City of Auburn shall not assign, apportion, delegate or sublease any of its rights or obligations under this Agreement or assign this Agreement in whole or in part, by operation of law or otherwise, without the prior written consent of PSE, which consent shall not be unreasonably withheld, Any apportionment, delegation, sublease or assignment or purported apportionment, delegation, sublease or assignment without the prior written consent of PSE shall be voidable by PSE. In any event, no sublease or assignment of this Agreement shall relieve City of Auburn from any of its liabilities or obligations under this Agreement. Subject to the foregoing restrictions on assignments without the prior written consent of PSE, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the successors and assigns of the respective Parties hereto. SECTION 25. NOTICES AND OTHER COMMUNICATIONS 25.1 Written Notice. As referenced elsewhere in this Agreement, PSE and City of Auburn shall provide notice, approval, consent, instruction, direction or other communication to each other in writing ("Written Notice"). The following notices, requests, demands and other communications hereunder shall be in writing, and shall be deemed given if personally delivered, sent via overnight delivery, or within five days of being deposited in the US Mail with appropriate postage: a) Notice of adjustment of the Annual Rental Fee (Appendix III). b) Notice of code violation: City of Auburn's Equipment fails to comply with the requirements of NESC. c) Notice of permit violation: City of Auburn's Equipment fails to comply with the requirements of Appendix V. d) Notice of termination of Agreement by either Party. e) Notice of failure to respond to an invoice. f) Notice in lieu of payment of an invoice. g) Notice of consent of assignment of Agreement to a third party. h) Notice of rearrangement of City of Auburn's Equipment by PSE. i) Notice of City of Auburn failure to perform or observe any other term or condition of this Agreement. • Written Notice shall be made to the following addresses and either Party may from time to time change such address by giving the other Party notice of such change in accordance with the provisions of this section: If to PSE, to: City of Auburn 2017 Pole Attachment Agreement Page 18 of 29 • Puget Sound Energy, Inc. 1 19900 North Creek Parkway 1 BOT-01G (Bothell I WA 980111 Contract Services ' If to City of Auburn: City of Auburn 125 W Main Sreet 1 Auburn I WA 198001 25.2 Electronic Notice. As referenced in this Agreement, PSE and City of Auburn may provide notice to each other electronically ("Electronic Notice"). The following notices, requests, demands and other communications hereunder shall be in electronic format, via the Internet or NJUNS (National Joint Use Notification System); or other mutually agreed to Joint-Use Notification System: a) Attachment Applications b) Notice of denial or approval of Attachment Applications c) Notice of pole transfers or other work on PSE Facilities d) Other notifications and communications as approved by PSE e) Termination of Attachment Notice SECTION 26. VOLUNTARY EARLY TERMINATION Either Party shall have the right to terminate this Agreement or any Attachments made pursuant hereto, for any reason and at any time, upon providing the non-terminating Party with one hundred and eighty (180) calendar days prior Written Notice. Where City of Auburn or PSE exercises such right, City of Auburn will remove the impacted Attachments and Equipment from PSE's Facilities at City of Auburn's expense, within six (6) months from the date of Termination as specified in the Notice of Termination. City of Auburn will return the poles utilized by City of Auburn to their original condition, with the exception of normal wear and tear. SECTION 27. SURVIVAL The obligations imposed on City of Auburn under Sections 6, 11, 15, 17, 20, 21, 22, 23, 24; 25, 28, 29, and 30, and paragraph 7.2, and all provisions of this Agreement which may reasonably be interpreted or construed as surviving the completion, termination or cancellation of this Agreement, shall survive the completion, termination or cancellation of this Agreement. SECTION 28. REGULATORY APPROVALS This Agreement and any transfers of property pursuant to this Agreement are subject to the authority of regulatory agencies having jurisdiction over the Parties, or either of them, with respect thereto. Each Party shall promptly submit this Agreement to the regulatory agencies having such jurisdiction over such Party and shall take such additional action as may reasonably be required to promptly obtain any required approvals or other action by such agencies. SECTION 29. MISCELLANEOUS City of Auburn 44/j ,2017 Pole Attachment Agreement Page 19 of 29 29.1 The rights and obligations of the Parties hereunder shall be subject to and governed by this Agreement. This Agreement sets forth the entire agreement of the Parties, and supersedes any and all prior agreements, with respect to Attachments. 29.2 This Agreement may not be modified except by a writing executed contemporaneously herewith or subsequent hereto signed by both Parties. 29.3 Each Party shall take such action (including, but not limited to, the execution, acknowledgment and delivery of documents) as may reasonably be requested by the other Party for the implementation or continuing performance of this Agreement. 29.4 The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 29.5 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. SECTION 30. APPLICABLE LAW This Agreement shall in all respects be interpreted, construed, and enforced in accordance with the laws of the State of Washington. City of Auburn/Accepted and Agreed: PSE /Accepted and Agreed: City of Au urn Puget Sound Energy, Inc. By: By. Pri edame: Asti L- sit t , s, Printed Name: Ryan J. Redmond Title: t 12706-- Title: Manager, Contract Services Date: t\./20 jr") Date: /7 /J / �- — Address: Address: 25 W. Main Street 19900 North Creek Parkway (BOT-01G) Auburn, WA 98001 Bothell, WA 98011 Attention: Contract Services City of Auburn a-/ I ,2017 Pole Attachment Agreement Page 20 of 29 APPENDICES I Certificate of Insurance, referenced at § 18.3 of the Agreement II Pole Attachment Application, referenced at § 2.3 of the Agreement III Annual Rental Fee, referenced at § 6.1 of the Agreement IV Fees for Transferring Communication Equipment, referenced at § 5.4 of the Agreement V PSE Pole Attachment Specifications City of Auburn 1.3_, 2017 Pole Attachment Agreement H Appendix l Puget Sound Energy, Inc. Mandatory Requirements Certificate of Liability Insurance Sample Attached • City of Auburn 413 ,2017 Pole Attachment Agreement i I PUGET SOUND ENERGY, INC. DATE(MM/DDlYYY) MANDATORY REQUIREMENTS REQUIRED CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE[S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPQRTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER ccNTACT NAME: REQUIRED REQUIREDPHONE FAX (NC,No.Ext): REQUIRED (NC,No): REQUIRED E-MAIL ADDRESS. REQUIRED PRODUCER CUSTOMER ID t —.-- - INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:REQUIRED INSURER B: REQUIRED INSURER C: INSURER D: __ T INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: . THIS IS TO CERTIFY THAT?1-IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDL SUB r POLICY POLICY EXP LTR TYPE OF INSURANCE tP�R R POLICY NUMBER EFF (MAI/ODNY) LIMITS NND (MWDD YY) EACH OCCURRENCE $1,000,000 GENERAL LIABILITY X X DAMAGES TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE n OCCUR MED EXP(Any one person) $ X *Employers'Liability—Stop Gap Employers'Liability endorsement with a minimum limit of PERSONAL&ADV INJURY $ SIM required only if no Employers'Liability Is provided GENERAL AGGREGATE ;2,000,000 with the Workers'Compensation coverage. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY17 JECT PRO- LOC - COMBINED SINGLE OMIT AUTOMOBILE LIABILITY (Ea acddent) $2,000,000 ANY AU ro X X BODILY INJURY(Par parson) ) $ ALL OWNED AUTOS BODILY INJURY(Paracddan) $ PROPERTY DAMAGE $ SCHEDULED AUTOS lPar accident) X HIRED AUTOS $ X NON-OWNED AUTOS $ UMBRELLA LIAB X OCCURExcesslUmbrella Liability may be used EACH OCCURRENCE X to supplement General,Automobile or EXCESS LIAB CLAIMS-MADE X X AGGREGATE Employers'Liability limits to meet $ DEDUCTIBLE minimum limit requirements. _ $ RETENTION $ $ WORKERS COMPENSATION ANDX wCSFATLL on+ EMPLOYERS'LIABILI-IY ver N/A TORY LIMITS ER. (Valid In WA State) ❑ E.L EACH ACCIDENT . $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.DISEASE–EA $1,000,000 OFFICER/MEMBER EXCLUDED? , EMPLOYEE (Mandatory in NH) E.L.DISEASE--POLICY $1,000,000 It yes.describe WA& DESCRIPTION OF OPERATIONS below LIMIT _ OTHER Professional Liability $1,000,000 DESCRIPTION OF OPERATICNS/LOCATIONSNEHICLES(Attach ACORD 101.Additional Remarks Schadulc,if more space is required) Puget Sound Energy must be listed as an Additional Insured for General,Auto and Umbrella Liability policies.Also,a Waiver of Subrogation is required for General,Auto and Umbrella Liability policies.(REQUIRED) CERTIFICATE HOLDER CANCELLATION Puget Sound Energy, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN • Attention: Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. Po Box 97034(EST-07E) Bellevue,WA 98009-9734 AUTHORIZED REPRESENTA11VE(REQUIRED) 07142011 Appendix II PSE PUGET SOUND ENERGY POLE ATTACHMENT APPLICATION PSE written approval is required prior to any Attachment being made APPLICATION # DATE REPRESENTATIVE: ENTITY NAME: ADDRESS: E-MAIL/ PHONE #: NOTICE TYPE — CHECK ONE PSE Grid numbers and routes must be attached APPLICATION NOTICE FOR RENTAL ON POLES TERMINATION OF ATTACHMENT NOTICE ON POLES OVERLASH NOTICE ON SPANS REQUEST TYPE —CHECK ONE IMMEDIATE APPROVAL & POST-INSPECT Applicant accepts all costs of Make-ready requirements upon post-ins ection. PRE-INSPECTION FOR ATTACHMENT Make-ready and reconfiguration requirements will be established. QUANTITY OF POLE ATTACHMENTS = CONDUIT OR RISERS SPAN GUYS DOWN GUYS SERVICE DROPS POWER SUPPLIES PSE JOINT-USE COORDINATOR DATE APPROVAL City of Auburn , 2017 Pole Attachment Agreement Appendix Ill ANNUAL RENTAL FEE Computation of Annual Rate for Poles Owned by PSE A. Net Cost of Bare Pole Calculation PV 1. Gross Distribution Plant 2. Gross Pole Investment(Acct. 364) 3. Distribution Plant Accumulated Depreciation 4. Depreciation Reserve (Poles) 5. Gross Plant Investment(Electric) 6. Accumulated Deferred Taxes (Electric) (190, 281- 3) 7. Accumulated Deferred Taxes (Accts. 190, 281-3) (Poles) 8. Net Pole Investment 9. Appurtenances Factor 0.85 10. Net Pole Investment Allocable to Attachments 11. Total Number of Poles Net Cost of a Bare Pole B. Carrying Charge Calculation CC 1. Total General and Administrative 2. Gross Plant investment (Electric) 3. Depreciation Reserve (Electric) 4. Accumulated Deferred Taxes (Electric) (190,.281- 3) Administrative Carrying Charge 5. Account 593(Maintenance of Overhead Lines) 6. Investment in Accts. 364,365 & 369 7. Depreciation (Poles) related to Accts. 364, 365& 369 8. Accumulate Deferred Income Taxes for 364, 365 & 369 Maintenance Carrying Charge 9. Gross Pole Investment (Acct. 364) 10. Net Pole Investment City of Aubum / 11 3 ,2017 Pole Attachment Agreement Appendix ill 11. Depreciation Rate for Gross Pole Investment Depreciation Carrying Charge 12. Taxes (Accts. 408.1 +409.1 +410.1 +411.4 - 411.1) 13. Gross Plant Investment (Total Plant) 14. Depreciation Reserve (Total Plant) 15. Accumulated Deferred Taxes (Total Plant)(190, • 281-3) Taxes Carrying Charge 16. Rate of Return Return Carrying Charge Total Carrying Charge C. Space Factor Calculation PR 1. Occupied Space 1 2. Usable Space 13.5 3. Space Factor D. Annual Pole Attachment Rental Rate Calculation 1. Net Cost of a Bare Pole (PV) 2. Total Carrying Charges (CC) 3. Space Factor (PR) Pole Attachment Rental Rate (PR*CC*PR) City ofAubum / 1j 3 ,2017 Pole Attachment Agreement / Appendix IV FEES FOR TRANSFERRING COMMUNICATIONS EQUIPMENT FIRST TRIP COSTS—Fees for performing transfer work while PSE is in the process of doing its own work. Crossarms, all types $ 145.00 Anchor strand or overhead guy 145.00 Sidewalk anchor guy and pipe 155.00 Drop wire (no splicing) 145.00 Service Conduit 195.00 Messenger and cable bolted to pole or cable arm (no splicing) 150.00 Messenger dead-end 165.00 Cable riser(including pipe and molding—no splicing) 195.00 Cable terminal (no splicing) 155.00 RETURN TRIP COSTS -Cost of performing transfer work when PSE must return to the job site. .The following amounts include travel time. • Crossarms, all types $ 235.00 Anchor strand or overhead guy 235.00 Sidewalk anchor guy and pipe 265.00 Drop wire (no splicing) 250.00 Service Conduit 385.00 Messenger and cable bolted to pole or cable arm (no splicing) 235.00 Messenger dead-end 295.00 Cable riser(including pipe and molding— no splicing) 385.00 Cable terminal (no splicing) 265.00 TOPPING FEE $125.00 City of Auburn I _1i 3 ,2017 Pole Attachment Agreement Appendix V POLE ATTACHMENT SPECIFICATIONS Attached City of Auburn /4)1/ 3 _,2017 Pole Attachment Agreement Conductor-to-Ground Clearances 0700.3001 Scope This standard describes the requirements for vertical clearance of overhead conductors above ground,roadways,rail,and water. Design Practice Clearances for conductors that PSE owns and/or operates shall meet the requirements of WAC 468-34-290 and NESC 232. Clearances shall be calculated with the conductor temperature and loading conditions that produce the maximum final sag. • See Standard 6450.3000 for information on conductor design temperature and design tensions. See Standard 6550.6200 for information on how to measure conductor sag. Joint Use Construction In joint use construction,the lowest communication conductor shall be considered.Its required clearance,plus the required spacing between the communication and power conductors may force the power conductors to have more than the minimum amount of clearance. New Construction If the terrain will he altered under the power line that effect the grade(such as filling, repaving a street,installing sidewalks,or adding landscaping)the clearances required by this standard shall be increased so when the terrain is at final grade,the minimum clearances are met. • Clearance Requirements Table 1 lists the requirements for most situations that will be encountered.In rare cases,the NESC may allow reduced clearances.If the conductor is at an elevation above 3000 feet and it operates at 115 kV or more,additional clearance is required. 01998 Puget Sound Energy Effective on: 10/01/16 INTERNAL USE ONLY Canceling:06/01/07 Page 1 of 3 Conductor-to-Ground Clearances 0700.3001 Table 1 Clearance requirements(all measurements are in feet) CONDUCTORS Communications Insulated Uninsulated I Primary ` { and common Ali service or service or I 4.0 k`!thru 55 db 175 230 neutral secondaryy secondary 34 5 kV - ti GUYS • i,,:i;(G��la fno9-r 42' t Niftg- res Guy for - Fp �r" ; t : Ct{fitit r lrry ` 11 0thru300V50,YjT • l Interstate highways, 4 and 15 kV= state highways,and 24.0* 24.0 24.0 30 34.0 34.0 34.0 34.0 bridges on those 34.5 kV=32 highways(crossing). Interstate highways, 4 and 15 kV= state highways,and 20.0 24.0 24.0 27 32.0 32.0 32.0 32.0 bridges on those 34.5 kV=32 highways (longitudinal). Municipal roads,streets, parking lots,alleys, private driveways,horse trails and areas subject 15.5 16.0 16.5 18.5 18.9 19.1 20.1 22.4 to truck traffic(including farmland,orchards, pastures,and forests). Railroad tracks(except electrified railroads using 23.5 24.0 24.5 26.5 26.9 27.1 28.1 30.4 overhead trolley conductors).t Pedestrian ways where vehicles are prohibited by regulation or permanent obstructions .9.5 12.0 12.5 14.5 14.9 15.1 , 16.1 18.4 and not reasonably expected to be used by vehicles. Water areas not suitable for sailboating or where 14.0 14.5 15.0 17.0 17.4 17.6 18.6 20.9 sailboating is prohibited. * This value is 20'for communications cables on joint use structures. t The railroad company may require greater clearance than shown here. Continued on next page Effective on: 10/01/15 ©1998 Puget Sound Energy Canceling:06/01/07 INTERNAL USE ONLY Page 2 of 3 Conductor-to-Ground Clearances 0700.3001 CONDUCTORS • Communications Insulated Uninsulated Primary and common service or service or 4.0 kV thru 55 i 66 115 230 neutral secondary secondary 34:5 kV - GUYS Guys for Guys for structures Guys for structures carrying systems. carrying 301 thru carrying 751 V 0 thru 300 V 750V j thru 34.5 kV • Water suitable for sailboating(including lakes,ponds,reservoirs, tidal waters, rivers, 17.5 18.0 18.5 20.5 20.9 21.1 22.1 24.4 streams,and canals), that are less than 20 acres. Water suitable for sailboating,but greater 25.5 26.0 26.5 28.5 28.9 29.1 30.1 32.4 than 20 acres,but less than 200 acres. Water suitable for sailboating,but greater 31.5 32.0 32.5 34.5 34.9 35.1 36.1 38.4 than 200 acres,but less than 2000 acres. Water suitable for sailboating,and greater 37.5 38.0 38.5 40.5 40.9 41.1 42.1 44.4 than 2000 acres. Boat ramps and rigging The clearance shall be 5 ft greater than that required for the water area being served by areas. the boat ramp or rigging area. These values are from NESC Table 232-1,except for the state highway clearance that is from WAC 468-34-290. - - - t References The following Puget Sound Energy documents apply to this standard: 6450.3000 Overhead Distribution Line Design 6550.6200 Conductor Sag Measurement Sources IEEE C2-2012 Rule 232 Vertical clearances of wires,conductors,cables, and equipment above NESC ground,roadway,rail,or water surfaces WAC 468-34-290 Vertical clearance C1998 Puget Sound Energy Effective on: 10/01/16 INTERNAL USE ONLY Canceling:06/01/07 Page 3 of 3 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Scope This standard establishes the attachment,grounding,structural,and clearance requirements for communications cables and equipment attached to Puget Sound Energy-owned poles. This standard does not address RF antenna equipment(see Standard 0700.8500). In This Standard This standard contains the following topics. Definitions 1 Transmission Pole Loading 3 Cables 4 Guys and Anchors 4 Pole Drilling 6 Unused Facilities 6 Equipment Mounting 6 Risers 7 Underground Service Drops 9 Grounding Requirements 9 Clearance Requirements 10 Streetlight Clearances 15 Definitions These are definitions of terms used in this standard.Figure 1 illustrates these terms. Term: `` Definition Communications space The space on a pole below the Communication Worker Safety Zone where communications lines are installed.The lower bound of the Communications Space is the lowest point on the pole where communications lines may be installed and maintain adequate pole-to-pole ground clearance. Covered streetlight wire Insulated streetlight conductor covered with protective molding. Field face quadrant The quarter section of a pole on the field side of the pole gain. Joint utility For the purposes of this standard,any entity(utility,public agency,communications company,or other)other than Puget Sound Energy that attaches to any Puget Sound Energy-owned facility. Pole face The side or half of the pole that contains the pole gain. ©1998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling:11/01/16 Page 1 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Definitions, continued Pole gain The notch in the pole that contains the pole manufacturing information.The pole gain is located 12 feet from the butt of the pole. Road face quadrant The quarter section of a pole on the road side of the pole gain. Safety space The vertical space on a pole below the supply space and above the communications space.This space is intended to provide a safe working clearance for workers in the communications space.It is defined in the NESC, Section 235C4. NOTE: The term"safety space"is used in this standard for purposes of clarity. Supply space • The space above the Communication Worker Safety Zone. Except for some streetlights,this is where electric supply equipment and electric supply lines(power lines)are installed. The Supply Space extends to the lower of: • 120 inches down from a 115 or 230 kV transmission line conductor. • 96 inches down from a 19.9/34.5 kV primary line conductor. • 84 inches down from a 2.4/4.0 kV and 7.2/12.47 kV primary line conductor. It The lowest attachment point of a secondary or neutral conductor. • Effective on:07/14/i 7 ®1998 Puget Sound Energy . Canceling: 11/01/16 INTERNAL USE ONLY Page 2 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Figure 1 Space Allocation on a Pole i i IPower Conductors, ,f Services and Secondaries Supply i Space :;, { icy; Power Neutral � afe��Ce0I% lSJaWI, iSi Communications Communications Cables Space I r 1 ROAD SIDE VIEW Approval Required Joint utilities must receive written approval from Puget Sound Energy before attaching to Puget Sound Energy-owned poles. This includes overlashing cable to existing bundles on a strand.Joint utilities must also have a signed Joint Use Agreement with PSE.Joint Users must also refer to their Joint Use Agreement for any additional specific requirements. Codes All equipment and hardware shall be mounted on the pole in a way that provides adequate climbing and working space. In all cases,clearances and separations as required in the NESC shall be met,both at the pole and midspan. All poles where attachments are made shall have sufficient structural capacity to support the loadings for all facilities attached.Poles should be reviewed for NESC strength compliance where new or modified facilities are proposed that would increase loading on the pole. Transmission Pole Loading PSE will structurally review all proposed attachments to PSE transmission poles. Attachment to transmission poles without distribution underbuild may not be approved. V1998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling:11/01/16 Page 3 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Cables Joint utilities' cables shall: • Attach to the same side of the pole as the power neutral conductor. • Be installed on the road side of the pole if the power neutral conductor is on a primary crossarm. • Be tensioned or guyed so the angle of existing structures.is not altered and the sag characteristics of the power conductors do not change.All unbalanced tensions must be guyed. • Meet all applicable NESC clearances at the time of installation or alteration. When present,PSE-owned fiber shall take the uppermost position on the pole. Guys and Anchors The following requirements apply to joint utilities'guys and anchors: • Each company is responsible for installing the appropriate guying to balance the maximum horizontal tension of its cables/messengers.This includes at deadends,angles,taps,and other such locations.Service drops do not require guying unless deemed prudent by the attaching company. • Guys shall be installed with anchors provided and installed by the communications company.Existing PSE anchors may be used only with permission from PSE on a per location basis. Such requests may only be granted if: — The communication guy attachment is insulated or grounded. -- The anchor has sufficient strength.PSE anchors have either 2 or 3 integral"eye" positions depending on the anchor type and this number of attachments shall not be exceeded.Installing auxiliary eyes is also not permitted(see Figure 2). • New anchors must be a minimum of 5 feet from existing PSE anchors and the pole (see Figure 3). • Crossing down guys or fastening two span guys together for ground clearance is not permitted. • Pole-to-pole span guying may not utilize a pole as an anchoring device unless a down guy • meeting the requirements of this section is installed. • Guy markers shall be installed on all communication down guys. • Guys must be grounded or insulated. Effective on:07/14/17 611199B Puget Sound Energy Canceling: 11/01/16 INTERNAL USE ONLY Page 4 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Figure 2 This type of installation is not permitted!PSE anchors have either 2 or 3 integral"eye" positions depending on the anchor type and this number of attachments may not be exceeded. 1j` ti t - ,-1-et, 't .,t..,, _ ..‘ }} 5 �ti t lv�� I FL�i \ Ih ' w J• oY.•a ` I 7j1 : 5 .A Figure 3 Anchor Placement PRIMARY NEUTRAL COMMUNICATIONS r. COMMUNICATIONS i a ,� 1.4:ee .n..:►q,..0-yam. ,4 .1. a, - .5'MIN _ �5'MIN f ®1998 Puget Sound Energy Effective on:07/i 4/17 INTERNAL USE ONLY Canceling: 11/01/16 Page 5 of 17 • Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Pole Drilling Existing holes shall be used for equipment mounting whenever possible. When new holes must be drilled in wood poles,they shall be treated with PSE's current approved wood preservative.Treatment shall be applied using a pressure-type oil can or a bottle brush.All communication attachments on PSE steel poles must be banded to the pole unless factory predrilled holes are available.Field drilling is not allowed on steel poles unless approved by PSE on a per case basis. Refer to PSE Standard 6450.7500 for field treatment requirements for wood poles. Unused Facilities Unused communication facilities that are not required for normal service,redundancy,or emergency use shall be removed. Equipment Mounting Joint utility-owned communications enclosures mounted more than 8 feet abovegrade on PSE-owned poles shall be no larger than 24 inches wide x 24 inches high x 18 inches deep (24" W x 24" H x 18"D).The joint utility shall provide and install all materials necessary to support a communications enclosure a minimum of 5 inches from the face of the pole.If the enclosure is to be energized,then the joint utility shall also provide enough supply wire coiled at the weatherhead to reach the transformer secondary connections. Communications enclosures shall be mounted directly above the pole gain.If this is not possible,they shall be mounted on the road face quadrant of the pole. NOTE: A city or state electrical inspection is required before PSE connects communications power supply wires to power conductors. Figure 4 illustrates the attachment requirements for risers and enclosures. • Effective on:07/14/17 ©1998 Puget Sound Energy Canceling:11/01/16 INTERNAL USE ONLY Page 6 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Figure 4 Attachment Requirements for Risers and Enclosures li_ l " f. gif ROAD SIDE `r D to °f op /c FIELD SIDE d 0 0 0l 5"Min 17 1 Conduit-" / Standoff Bracket 15"Min Length Conduit Clamp CUTOUTS OR OPERATING APPARATUS HANDLE SIDE OF THE POLE SIDE OF THE POLE Risers Communications risers shall be mounted: ■ Where they will not interfere with climbing space or the operation of pole-mounted equipment.The best position is on the field face side of the pole(see Figure 4);the exact location will depend on the position of obstructions and the direction of the cable or conduit run. ■ On standoff brackets and provide a minimum 5-inch clearance from the pole. Existing standoff brackets shall be used when available.If new brackets are needed,the communications company shall provide and install them. • High enough on the pole to ensure the 40-inch safety space requirement is maintained between the bottom of the drip loop and the top of the communications space(see Figure 5).The bottom of the drip loop shall be no lower than the lowest piece of pole hardware in the supply space. n1998 Puget Sound Energy Effective on:07/14/1 7 INTERNAL USE ONLY Canceling: 11/01/16 Page 7 of 17 • Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Risers, Continued Figure 5 Attachment Requirements for Communications Risers I Supply Space of w # /—Top SupplyPoRiserer 7 a I A. r 5„ I - Min r: -i- -4 -- Communications Riser Communications Space 1 L,ate._� Communications Equipment Pole Gain Lsr —t Effective on: 07/14/1'/ 01998 Puget Sound Energy Canceling: 11/01/16 INTERNAL USE ONLY Page 8 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Underground Service Drops Communications drops less than 1/2-inch in diameter may be attached directly to a pole under the following circumstances: • They shall be securely attached,in accordance with NESC 239D,from the ground to the communications level,using staples or other means to ensure that the cables cannot be pulled away from the pole and become a tripping or snagging hazard to the public or anyone climbing the pole. • To minimize climbing hazards,they shall only run vertically;they shall not wrap around the pole. • All vertical runs shall be installed on the same quadrant of the pole.If there are existing conduit risers on the pole,the vertical runs shall be placed within the same quadrant as the existing riser(s). • Any coils of spare cable will be attached to the pole no less than 8 feet abovegrade. • Connection blocks will be mounted on the pole in the same quadrant as the drop and shall be no larger than 20 square inches. Grounding Requirements Metallic Messenger Communications metallic or conductive messengers may be bonded to the pole ground Bonding conductor,in accordance with NESC 97G,by the attaching company. NOTE: Nonmetallic/nonconductive self-supporting messengers(i.e., Kevlar-type)do not require bonding. Figure 6 illustrates how to construct the grounding. Figure 6 Grounding Communications Messengers at Supports It.. Communications Messenger Communications Cable J t Pole Ground Conductor 01908 Puget sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling:11/01/16 Page 9 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Clearance Requirements Transmission PSE does not allow attachments to transmission poles above 100 kV unless the pole has Clearances distribution underbuild.For applications to transmission poles with existing distribution underbuild,PSE personnel will determine whether the attachment will be allowed and,if so, provide clearance requirements. Distribution It is the responsibility of the joint utility to determine which clearance listed below applies, Clearances based upon the type of supply equipment or construction on the pole. (up to and including 34:5 kV) NOTE: All clearances are measured vertically. Clearance at The minimum clearance at supports between power company equipment and the top of the Supports communications space depends upon the type of construction and equipment on the pole. K1_ - f 4+. l r /inti 1, '1' i; r +4a tJ,„: rr t-i G'IThen i',..:-.,:i!!';'..;: tt -: �T..:.-. i r-! l}t ;--. ii i ,1? 7.�, t ...d,_x,.... . s ,,,-,,,,,:!••-:-:...w:,!:::-(! All primary There is no y conductors are 124-inch(10'-4”)minimum clearance is required additional power (Figure 7 illustrates this clearance). mounted on a equipment NOTB: This clearance is measured from the tie crossaat the mounted below the wire or conductor clamp on the insulator to the same level(either primary arm, top of the communications space.This distance single or double encompasses the supply and safety space and arm construction), provides room for future installation of supply equipment and/or service conductor. - Figure 7 Clearance Between Power Conductors and Communications Space f-'—Primary Power Neutral ConductorMI (`7flYGIft . o �tC r,y:, `--.!D.X. , .r_ . _1t '1 Y 1 fir Supply Space 124"Min Clearance for I Supply and Safety Space Safety ISpace or Safety Communications Space I Cable i; Communications - -I Spate ..----Pole Ground Conductor , ' 1. 1 ' Effective on:07/14/17 01998 Puget Sound Energy Canceling: 11/01/16 INTERNAL USE ONLY Page 10 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Supply Equipment If any of the following supply equipment is mounted on the pole,a minimum clearance of 40 or 30 inches is required,depending upon whether the supply equipment is ungrounded or grounded. This clearance is measured from the bottom of the lowest piece of supply equipment to the top of the communications space. Ungrounded Ungrounded equipment has a 40-inch clearance. Equipment :r r r4.fik{Equl i L �+ 1 + — See.lIlu8t atlon '. ..1r.b' -i..F..{,!�+i::•'f,�.:•I%; tSil d+ ..-� y.w....,r+( .+t1i r .F -. q - t .r>:..:.... t.. ?"6...3., .4h'.._ h. _..::'.t-v-., Rigid clevis Figure 8 Secondary rack Figure 8 Exposed supply wire Figure 9 and Figure 10 This does not apply to streetlight supply wire drip loops. Secondary crossarm brace None Figure 8 Clearance Between Ungrounded Supply Equipment and Communications Space Supply Optional - Space Secondary Rack Supply Space Rigid Clovis Power Neutral r j/e/ f3 �� • il. l .rail ! ZA T1 Communications Space [ NOTE:Communications shall be installed 1 as knv as possible on the pole while maintaining clearances. 01998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling: 11/01/16 Page 11 of 17 lllllllllll� Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Clearance Requirements, continued Figure 9 Clearance Between Supply Conductor Drip Loop and Communications Space k, ,';-,::_._ (.,_.:‘„t - `- 1 Secondary or Service Supply �' Supply Conductor Space --t ,S4V I Rigid Clovis f- x*Ni :c.:--''':n-t-_---1;s1k /IF- . C jf Communications +.F . �` s Space Wr-e.: 6 NOTE:Communications shall be installed � .._;;!_ n_ as low as possible on the pole `. " "144- while maintaining clearances. Figure 10 Clearance Between Top of Power Riser and Communications Space iis '' . I 7 ' Supply Space ' Top of Power Supply Riser 'imm.- / Z. _: IdA j Communications 1 Space 4 j ij NOTE:All new supply risers shall I • •,,, be Installed according to PSE Standard 6042.1000. Effective on:07/14/17 01998 Puget Sound Energy Canceling: 11101/16 INTERNAL USE ONLY Page 12 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Grounded Grounded equipment has a 30-inch clearance.Figure 11 illustrates a typical(in this case a Equipment capacitor bank)equipment installations. Figure 11 Clearance Between Grounded Supply Equipment and Communications Space re — ='a> Primary Power 444-�� Supply Conductor ripAilp_. J (r' , with Neutral illhi, `U ifSu Spacepply – 4 f� ,'� I �`, Grounded Equipment Mi: Case c , : , Irer3 // I} .fe ., ,0/ A., ,______,,,....,„, ___:,. ,,,„ .`'i g,,,,,_,r ,y 1 4y , ia 1 -Nat Communications .Y R Space via, tT_ m ; r 1 1 t a;1 ©1998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling: 11/01/16 Page 13 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Clearance Requirements, continued Midspan Clearance The minimum vertical clearance at any point in the span between power conductors and communications cables is 63,40,or 30 inches,depending upon the power line voltage. There are no horizontal clearance dimensions that can alleviate vertical clearance requirements between power conductors and communications cables jointly attached to PSE poles. These midspan clearances must be met with the upper conductor(PSE)and the lower conductor(communications)at their final unloaded sag in the same ambient conditions and with the power conductor at its maximum design operating temperature(75°C for phase, 50°C for neutral,and 75°C for secondary). NOTE: Meeting the midspan clearance requirements may require increasing the clearance distance at the supports(poles)beyond the minimum values. ii i i+i n.* + , F ' }.'clearance 1 y ` quipme�tt h4�) t . Voltage• . .. ... ,4:C.:.... ,_,. . ,- ,',7-,.., Primary supply conductors 750 V to 34.5 kV A 63-inch clearance is required. Figure 12 Power neutral or triplex 0-750 V A 30-inch clearance is required Figure 13 Open wire secondary 0-750 V A 40-inch clearance is required Figure 12 Midspan Clearance Between Primary Supply Conductors and Communications Cables Primary Supply Conductors �_ it 01H1 i 1 r. Upper Communications Cable F it it AAy�e,J�� s`a ♦ L t • "".• • • , 1' •f••• •j(9",' ••. • •• •••.i'•• •c#•tom• - Effective on:07/14/17 01998 Puget Sound Energy Canceling:11/01/16 INTERNAL USE ONLY Page 14 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Figure 13 Midspan Clearance Between Secondary or Neutral Conductors and Communications Cables Ff- 1ti 1. Triplex or Neutral Conductor ril 30"Min ri f is 1 Upper Communications Cable Fy1 L2 :;r..,, . :r:9 iS►4.:1 I.' 4.0)N r 9 4iJN' .."..9...,.►crn%1'. ' r',r,1 1'.i9':14:) . . Streetlight Clearances Special clearances exist between streetlights and communications cables because: ■ They may be installed anywhere on the pole,assuming all clearance requirements are met. ■ Vertical runs of streetlight supply wire may or may not be covered with protective molding. All clearances apply 360° around the entire pole. Cables Installed When communication cables are installed below a streetlight on a pole,all of the following Below Streetlights minimum clearance requirements shall be met: ti` i 1 li<." Between the bottom of ` �w ' wR ' 'This clearance 16-rgeiired Drip loop of the streetlight supply wire and the top of 12 inches* I the communications space. Supply space and the top Of the communications space. 40 inches * This may be reduced to 3 inches if the loop is covered by a suitable nonmetallic covering that extends at least 2 inches beyond the loop. Figure 14 illustrates these clearance requirements. 51998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling: 11/01/16 Page 15 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Streetlight Clearances, Continued Figure 14 Clearances for Communications Cables Installed Below Streetlights { Supply Space i _iGt-- II.lI .; ..//••,0,0•100". r Communications 1q Space ' ii 1 Streetlights Proper streetlight mounting heights may require that the bracket be installed beneath the Installed Beneath communication conductors. Communication Conductors When this is the case,all of the following minimum clearance requirements shall a met: ,.,q�-4 73 ��.,_; v ri g rM -`�' '��`e""•i"f "`'` t 1Tl lS clearance ie reii00. l r"�A.a.p,a;L ALF �w139tW3@en _.. .t..J :% x y EY 4,...,.x"•4..�. -. .. .... .. ... Top of the streetlight bracket and the bottom of the 20 inches communications space. Bottom of the streetlight supply wire molding(where 40 inches wire is exposed at drip loop)and the bottom of the communications space. Top of the streetlight supply wire molding(where wire 40 inches is exposed)and the top of the communications space. Figure 15 illustrates these clearance requirements. t CAUTION! t Communicatio s cables shall not beiwstalled above streetlights if the e;tical;>run gf=r t [J r a.:i a"`� r >�, t4 � � t � t i ,i I 'ti. s r F .r * trectIightJsuppl' e xs Rol eled,wtth prote&ive mol�Pg w n ' :: Jx 3 sxt �A tI e +.0 r it ��.{yP' J+kr f..+t p �J.-F tib' i irki:€-.n fif,A�`_'.:_-.�'1 _y l..i� i 1^� 1 i' Ye'i.ld...'J.._mat�.-.a.a� _._tSCC..i-�....__.. x �.�c...14.�...��. +CJI Effective on:07/14/17 01998 Puget Sound Energy Canceling: 11/01/16 INTERNAL USE ONLY Page 16 of 17 Attachment and Clearance Requirements for Overhead Joint Utility Construction 0700.8000 Figure 15 Clearances for Communications Cables Installed Above Streetlights 4 Supply Space Y/14 ; Communications Protective Molding Space t 4°Min Top of Bracket 40"Min _ Grounded Streetlight Bracket Arm Top of _�' Uncovered Wire References The following Puget Sound Energy documents relate to this standard: 0700.8500 RF Antenna Equipment on Power Poles 6042.1000 Conduit Riser 6450.3900 Wood Pole Information 6450.7500 Field Drilling,Roofing, and Treating Wood Poles and Crossarms Sources ANSI 05.1 Wood Poles:Specifications and Dimensions IEEE C2-2012 Rule 97G Bonding of communication systems to electric supply systems NESC Rule 235 Clearance for wires,conductors,or cables carried on the same supporting structure Rule 235C4 Communication worker safety zone Rule 238 Vertical clearance between certain communications and supply facilities located on the same structure Rule 239D Guarding and protection near ground • 01998 Puget Sound Energy Effective on:07/14/17 INTERNAL USE ONLY Canceling:11/01/16 Paget?of17 J