HomeMy WebLinkAbout96-086 - Seattle City Light - Master Pole AttachmentMASTER POLE ATTACHMENT AGREEMENT
BETWEEN
CITY of TUKWILA
and
SEATTLE CITY LIGHT
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ig/
MASTER POLE ATTACHMENT AGREEMENT
INDEX
Section No. Title Page
1 Scope 1
2 Issuance of Permit 1
3 Application for Attachment 1
4 Fees 2
5 Reimbursement 2
6 Late Charges 2
7 Term 3
8 Requirements for Attachment 3
9 Performance of Work 3
10 Guys 4
11 Maintenance 4
12 Relocation, Replacement and Removal of Poles 4
13 Underground 4
14 Release, Indemnity and Hold Harmless 4
15 Workers Compensation, Insurance, Bonds 5
16 Permits 7
17 Easements 7
18 Compliance with Laws 7
19 Nonwaiver 8
20 Assignment; Successors and Assigns 8
21 Survival 8
22 Entire Agreement 8
23 Applicable Law 9
Appendices
A Current Pole Attachment Fees A 1
B Application and Permit B1
C Reserved Fiber Agreement Cl
D Make Ready Work D1
Master Pole Attachment Agreement
This Agreement, dated as of .S c 1.. G 1 '7T 6 is made by and between the City
of Seattle, a municipal corporation'of the State of Washington (hereinafter referred to as
"City Light and C L, o l v �t (hereinafter referred to as
"Company
City Light and Company agree as follows:
SECTION 1. SCOPE
This Agreement governs all attachments of Company's distribution system, including but
not limited to fiber optic, coaxial cable and related equipment "Equipment now or
hereafter made to City Light's utility poles (individually a "pole collectively, the
"poles with or without City Light's consent.
SECTION 2. ISSUANCE OF PERMIT
City Light agrees that Company may, subject to issuance of individual permits "permit
as herein set forth, make use of poles and other facilities, partially or wholly owned and
maintained by City Light for the purpose of maintaining wires thereon for the transmission
of any lawful communications and for no other purpose.
SECTION 3. ATTACHMENT
3.1 If Company desires to attach any Equipment to any City Light pole, Company shall
submit to City Light a written application "Application substantially in the form
of the attached Application and Permit (Appendix B) Each Application shall
describe in detail:
(a) the Equipment to be attached;
(b) the poles affected by the attachment;
(c) the amount of space desired on each pole affected by the attachment;
(d) the proposed location of the Equipment on the affected poles; and
(e) the action that Company intends to take to accommodate any additional strain
that will be imposed upon the affected poles by the attachment.
3.2 Each application for such permit shall also include working sketches or maps on
which each pole to be contacted is correctly identified and such other information
(for example, with regard to the proposed nature, appearance, circuit arrangement
and line sags of the equipment) as City Light may request. City Light pole records
and maps are available for checking.
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SECTION 4. FEES
SECTION 5. REIMBURSEMENT
Master Pole Attachment Agreement
3.3 City Light recognizes that time is of the essence and will make a good faith effort
to process applications in an expeditious manner.
4.1 Company shall pay City Light fees for the attachment of Equipment to the poles at
the current annual rate (the "Annual Rate according to Appendix A. This rate
may be changed by ordinance.
4.2 Such fees shall commence on the effective date of such permit and shall be for the
balance of the then calendar year.
4.3 City Light shall invoice Company for the payments annually. Company shall pay
each such invoice within thirty (30) days after Company's receipt thereof.
4.4 Company shall submit annually to City Light an inventory listing the number of
poles Company has made attachments to and the locations of such poles. This
inventory shall be effective from November 1 of the reporting year and shall be
submitted to City Light no later than December 1 of that year. Any attachments
not identified in such inventory shall be billed at three times the current annual
rate. In the event that Company fails to submit an inventory, Company shall pay
City Light, in addition to the current annual rates, all costs associated with City
Light having to perform an inventory of Company's attachments to poles.
Company shall reimburse City Light within thirty (30) days after receipt of invoice for all
amounts paid and costs incurred by City Light at Company's expense under Paragraphs
7.2, 9.3, and 9.4, and Sections 8 and 10 of this Agreement.
SECTION 6. LATE CHARGES AND INTEREST
Company acknowledges that late payment of any fee or other amounts due to City Light
under this Agreement will cause City Light to incur certain administrative, processing and
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 City Light within thirty (30) days after such
amounts shall first become due, Company shall pay to City Light 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 City Light
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
Company.
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SECTION 7. TERM
(b)
Master Pole Attachment Agreement
7.1 This Agreement shall continue in effect for a period of ten (10) years from the date
hereof, and thereafter as mutually negotiated by the parties to this Agreement.
Notwithstanding the foregoing, after expiration of the initial ten (10) year term,
this Agreement may be terminated by either party at any time upon written notice
given not less than one hundred eighty (180) days.
7.2 Upon termination of the term, Company shall promptly remove all Equipment from
the poles and surrender all facilities. If Company shall fail to promptly remove the
Equipment upon termination of the term, City Light may, after sixty (60) days'
advance notice to Company of its intent to do so, remove and dispose of the
Equipment at Company's expense. Company shall receive credit for unused
portions of the permit fee if the termination is effective before the end of the
billing period.
SECTION 8. REOUIREMENTS FOR ATTACHMENT
Attachments made by Company to City Light facilities under this Agreement shall not
disturb or conflict with the equipment of City Light. Moving, rearranging, or adjustment
of City Light's facilities to provide space to accomodate COmpany's attachments shall be
done by City Light at the expense of Company.
(a) If space is not available for Equipment of Company, no use permit for such facility
shall be issued.
Attachments are to be made only as approved by City Light, and shall be in
accordance with requirements of the State of Washington Electrical Construction
Code, State of Washington Administrative Code (Chapter 296 -44), National
Electric Safety Code, City Ordinance 116633 and any applicable City of Seattle
codes as now in force and as revised or changed in the future.
SECTION 9. PERFORMANCE OF WORK
9.1 The attachment, maintenance, repair, relocation and removal of equipment and
other work performed in connection with this Agreement or the attachment of
Equipment to poles is sometimes collectively referred to herein as the "Work
9.2 Company shall perform the Work in a workmanlike and skillful manner and
comply in full with Chapters 296 -44 Washington Administrative Code, Electrical
Construction Code. Company shall ensure that the Work and the Equipment are in
all respects (i) safe, (ii) of first -class quality, (iii) free from all faults and defects in
workmanship, material, and design, and (iv) in conformance with the requirements
of this Agreement.
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SECTION 10. GUYS
SECTION 11. MAINTENANCE
SECTION 13. UNDERGROUND
Master Pole Attachment Agreement
9.3 Company 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 Section 8 and
Paragraph 9.2). If Company fails or refuses to perform any Work required by this
Agreement or to make any such corrections or replacements, City Light may
perform such Work and make such corrections and replacements at Company's
expense.
9.4 Company 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, Company shall promptly remove all rubbish, refuse
and other debris and all of its equipment and surplus materials. If Company fails
to do so, City Light may perform such work at Company's expense.
Unless otherwise directed by City Light, Company shall install guys and anchors
necessary to support the additional strain imposed on any pole by attachment of the
Equipment. If City Light installs or replaces guys or anchors to support the strain
imposed by attachment of the Equipment, Company shall reimburse City Light on demand
for the entire cost of such installation or replacement (including, but not limited to, the
cost of installing or transfemng guys to such anchors).
Company shall maintain all Equipment attached to any pole in good and safe condition and
state of repair.
SECTION 12. RELOCATION. REPLACEMENT. AND REMOVAL OF POLES
Changes in location or attachment of Company's Equipment as required by City Light due
to the pole being relocated, replaced, or removed shall be made by Company at
Company's own expense within thirty (30) days after receiving written notice.
If City Light plans to install its electrical distribution system underground in an area and if
Company serves or has potential for serving such area, Company shall cooperate with
City Light in the planning, engineering, and underground installation of the Equipment.
SECTION 14. RELEASE. INDEMNITY AND HOLD HARMLESS
14.1 Company releases and shall defend, indemnify and hold harmless City Light, its
successors and assigns, and the respective directors, officers, employees and agents
of City Light and its successors and assigns (collectively referred to as the
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Master Pole Attachment Agreement
"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 the attachment of any Equipment to any pole, the performance
of any work, the operation of any Equipment, or the Company's system, or the
acts or omissions of Company or any of its suppliers or contractors of any tier, the
respective successors and assigns of Company or any such suppliers or contractors,
the directors, officers, employees and agents of each of the foregoing, or anyone
acting on Company's behalf in connection with said attachment of Equipment,
performance of Work, or operation of Equipment or Company's system.
14.2 Such indemnity, protection and hold harmless shall include any demand, claim, suit
or judgment for damages to property or injury to or death of persons, including
officers, agents, and employees of either party hereto including payment made
under or in connection with any Worker's Compensation Law or under any plan
for employees' disability and death benefits, which may arise out of or be caused
or contributed to by the erection, maintenance, presence, use or removal of
Company's attachments or by the proximity of the respective cables, wires,
apparatus and appliances of Company including any claims or demands of
customers of the Company with respect thereto.
14.3 City Light shall not be liable to the Company or to the Company's customers, and
the Company hereby indemnifies, protects and saves harmless City Light against
any and all such claims or demands, suit or judgment for loss, liability, damages
and expense by the Company's customers, for any interruption to the service of the
Company, or for interference with the operation of the cables, wires, and
appliances of the Company, or for interference with the operation of the cables,
wires, and appliances of the Company.
14.4 To the fullest extent permitted by applicable law, the foregoing release, indemnity
and hold harmless shall apply to and for the benefit of the indemnitees.
14.5 City Light is willing to permit attachments of the Equipment to the poles for the
fees described in Section 4 only in consideration of and in reliance upon such
release, indemnity and hold harmless.
SECTION 15. WORKER'S COMPENSATION. INSURANCE AND BONDS
15.1 Company shall ensure that, with respect to all persons performing the Work,
Company or its suppliers or contractors maintain in effect at all times dunng the
term coverage or insurance in accordance with the applicable laws relating to
worker's compensation and employer's liability (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. Company shall furnish to City Light such
assurance and evidence of such coverage or insurance (such as copies of insurance
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Master Pole Attachment Agreement
policies and Certificates of Compliance issued by the Washington State Department
of Labor and Industries) as City Light may request.
15.2 Company shall obtain, and maintain continuously for the term of this Agreement,
at its own expense, occurrence form Commercial General Liability insurance with
endorsements and /or other insurance to indemnify for the activities and services of
this Agreement. Minimum limit of coverage shall be $1,000,000 each occurrence
and in the aggregate. The insurance carrier issuing the policy must have an A.M.
Best rating of at least A -:VII and be legally admitted and licensed to do business in
the State of Washington.
Such insurance shall be endorsed to include the City of Seattle, its directors,
officers, employees and agents and joint users as additional insured, and shall not
be reduced or canceled without forty -five (45) days prior written notice to the City.
Such insurance shall include a "cross liability "severability of interests or
"separation of insureds" clause indicating essentially that "except with respect to
the limits of insurance, and any rights or duties specifically assigned in this
coverage part to the first named insured, this insurance applies as if each named
insured were the only named insured, and separately to each insured against whom
the claim is made or suit is brought.
Prior to commencement of performance of any of the Work, the Company shall
provide the City a duplicate (photocopy or facsimile acceptable) of the insurance
policy with its endorsements as evidence of coverage. The company or companies
issuing such insurance and the policies issued shall be subject to approval by the
City.
15.3 The Company shall promptly advise City Light Distribution Engineering of all
claims relating to damage to property or injury to or death of persons ansing or
alleged to have arisen in any manner by, or directly or indirectly associated with,
the erection, maintenance, presence, use or removal of the Company's equipment.
Copies of all accident or other reports made to any insurer by the Company shall
be furnished to City Light.
15.4 Company shall also furnish City Light with such additional assurance and evidence
of such insurance (such as copies of all insurance policies) as City Light 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, Company shall deliver to City Light a Certificate of Insurance
acceptable to City Light with respect to any replacement policy.
15.5 Company shall ensure that any policies of insurance that Company or any of its
suppliers or contractors of any tier carry as insurance against property damage or
against liability for personal injury (including death) shall include a provision
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therein providing a waiver of the insurer's right to subrogation against the
indemnitees. To the extent permitted by its insurance policies, City Light hereby
waives all rights of subrogation against Company, its successors and assigns, and
the respective directors, officers, employees and agents of Company and its
successors and assigns.
SECTION 16. PERMITS
Master Pole Attachment Agreement
15.6 The requirements of this Agreement as to insurance and acceptability to City Light
of insurers and insurance to be maintained by Company are not intended to and
shall not in any manner limit or qualify the liabilities and obligations of or assumed
by Company under this Agreement.
15.7 In addition, Company shall furnish to City Light, at such times and in such forms
as City Light may in writing request, surety bonds with performance, payment and
maintenance clauses payable to City Light.
Company shall obtain and comply (and shall ensure that the Equipment, the Work, and all
of Company's suppliers and contractors 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 Company's system in accordance with this Agreement.
Company shall furnish to City Light such evidence thereof (such as certified copies of
permits, licenses, franchises, rights -of -way, and easements) as City Light may request.
SECTION 17. EASEMENTS
17.1 This Agreement shall not be construed as requiring City Light to obtain any
easement for the benefit of the Company.
17.2 Company shall secure from property owners any easement necessary to cross
private property in order to connect to said poles.
SECTION 18. COMPLIANCE WITH LAWS
18.1 In the performance of the Work and this Agreement, Company shall comply (and
shall ensure that the Equipment, the Work, and all of Company's suppliers and
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 authonty;
(b)
industry standards and codes; and
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(c) City Light's construction standards, specifications, rules, and regulations
which apply to Company's Work will be provided by City Light to Company
on request.
Company 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.
SECTION 19. NONWAIVER
Master Pole Attachment Agreement
The failure of City Light to insist upon or enforce strict performance by Company 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
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 20. ASSIGNMENT: SUCCESSORS AND ASSIGNS
Company shall not assign, transfer, or otherwise dispose of any of the privileges granted
under this Agreement without the written consent of City Light.
SECTION 21. SURVIVAL
The obligations imposed on Company under Sections 4. 5. 6. 14. 19. 20. 21. 22. and 23.
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 22. ENTIRE AGREEMENT
22.1 The entire Agreement shall consist of the general terms and conditions contained in
this Agreement and all the Appendices issued concurrent with or subsequent to the
execution of this Agreement and any amendments to this Agreement.
22.2 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 the attachment of the
Equipment to the poles.
22.3 This Agreement may not be modified except by a writing executed
contemporaneously herewith or subsequent hereto signed by both parties.
22.4 The invalidity or unenforceabihty 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.
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Master Pole Attachment Agreement
SECTION 23. APPLICABLE LAW
This Agreement shall in all respects be interpreted, construed and enforced in accordance
with the laws of the State of Washington.
Comnanv
Date Signed: T 1q i, Attest:` _I.-
Address: 6 Scs,tl, iv ye, By: 4
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c /0 /P Title:
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City Light
Date Signed /16 fi
Address: 90 C 41 14 vE'_
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3-049 15' ley -503
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By:
Title: A., i 7-1 7, LL
i i a:: C
The pole attachment lease rates are as follows:
100% SCL Pole $14.66
City Light/U S West $7.33
City Light /U S West/Metro $4.88
Master Pole Attachment Agreement
APPENDIX A
POLE ATTACHMENT RATES FOR 1996
Seattle City Light
700 Fifth Avenue
Suite 3644
Seattle, WA 98104 -5031
POLE ATTACHMENT APPLICATION AND PERMIT
City Light Map
and Pole No.
PERMIT
Master Pole Attachment Agreement
In accordance with the terms of the Agreement between us, dated
19 application is hereby submitted for a permit to make attachment to
poles, as follows:
Pole Location
APPENDIX B
By:
Title:
Date:
Address:
Type of
Attachment
Area Name
Marked location map attached. Attach additional sheets of locations /numbers as needed.
SUB is hereby granted for attachment to above poles as shown, and /or corrected,
on the list and map.
For applicants without Master Pole Attachment AEreements. permission to attach may be
revoked by the Department 180 days after providing written notice to the applicant.
B1
By:
Title:
Date:
Master Pole Attachment Agreement
APPENDIX C
RESERVED FIBER AGREEMENT
Company and the City agree, in addition to the terms and conditions of the Master Pole
Attachment Agreement, to the following:
1. Reserved Fiber: Company shall provide the City with strands of dark
fiber within the cable identified in the Permit solely for any governmental purpose
and for lease to any public or nonprofit entities. "Dark Fiber" is individual or
multiple optical fibers to which no optronics are connected by Company.
a. Installation of Reserved Fiber. Company shall install the reserved fiber in the
following locations:
1. within Company's fiber cable;
2. in a separate cable colashed to Company's cable
3. in a separate cable located in a different location on the pole; or
4. no fiber requested.
b. Maintenance of Reserved Fiber. All maintenance and repair of the reserved
fiber shall be the sole obligation of Company, and the City shall not have the
right to maintain, repair or otherwise access the reserved fiber except at the
termination points identified below. In the event the reserved fiber is a
separate cable located in a different location on the pole from the cable of
Company, then the City shall maintain and repair the reserved fiber.
c. Termination Points. Company shall terminate the reserved fiber as follows:
1. 30 foot loops
2. box specified
3. other
4. at the following locations:
The City may request additional termination points at cost including
reasonable overhead during the term of this Agreement. Company's approval
shall not be unreasonably withheld considering the integrity of Company's
system.
d. Oualitv of Reserved Fiber. All reserved fiber provided hereunder shall be 9-
micron single mode fiber of working optical quality. Any modifications to
these standards for the reserved fiber may be requested by the City, subject to
the reasonable approval of the Company, and the incremental cost of any such
modifications shall be borne exclusively by the City.
Cl
Master Pole Attachment Agreement
e. Incremental Cost. The incremental cost of adding the reserved fiber shall be
borne by the City. "Incremental cost" shall be defined as all avoidable costs
that would not have been incurred by Company but for the City's request for
reserved fiber, including all additional costs of termination incurred by
Company in order to ensure system integrity, including but not limited to
splice cases and termination panels. The City shall also be responsible for the
incremental cost of maintenance and repair of the Reserved Fiber. All costs
shall be charged by Company on a time and materials basis. All such
incremental costs shall be paid by the City to Company within 45 days of the
submission of an invoice and complete documentation of the incremental
costs.
f. Termination of Pole Attachment: Disposition of Fiber. Upon termination of a
pole attachment by Company or for Company's breach of this Agreement, the
City shall have the right to acquire such fiber of Company attached to poles
pursuant to this Agreement which may be integral to or colashed to the
reserved fiber if it pays Company within 45 days of termination, or such
longer period as the parties mutually agree, the salvage value of such fiber.
"salvage value" means the component cost of the fiber less the cost of
removing the fiber from the poles. In the event that the City decides not to
acquire all the fiber of Company, ownership of the reserved fiber that is
integral or colashed to such fiber of Company that the City is not acquiring
shall transfer to Company. Company shall remove all of its fiber that is
covered by the terminated pole attachment from the poles within 60 days, or
such longer period as the parties mutually agree, of the City's decision.
g.
At the end of the term of this Agreement, or its earlier termination by the
City for its convenience, Company shall have the right and obligation to
remove its fiber and the reserved fiber from the poles.
Sale of Fiber by Company. In the event that Company sells, assigns, or
otherwise transfers its interests in its fiber, the terms of this Agreement shall
be binding on all such successors, assignees, recipients, or transferees of such
interests.
2. Mutual Release. Neither the City nor Company shall be liable, in law or in equity,
to the other party for any damages relating to the interruption of service or
interference with the operation of the Company's fiber optic system or the reserved
fiber arising in any manner whatsoever, whether caused by negligence of the City,
Company, third parties, or otherwise. Neither the City nor Company shall be
liable to the other party under any circumstances for incidental, special or
consequential damages or damages alleged to have arisen due to an interruption of
service or damage to any fiber optic cable in use by the other party.
C2
Master Pole Attachment Agreement
3. Indemnification. Except as limited below, Company shall indemnify and save
harmless the City, its officers, employees, and agents, from all claims, action,
liability, and damages of any nature arising out of this Agreement, and the use and
operation of Company's fiber optic system.
Except as limited below, the City shall indemnify and save harmless Company, its
officers, employees, and agents, from all claims, action, liability, and damages of
any nature arising out of this Agreement, only as it relates to the use and operation
of the reserved fiber.
If any claim arises to which the above indemnification provisions may be
applicable, the party seeking indemnification shall immediately upon learning of
such claim, notify the indemnifying party. The indemnifying party may, at its
option, settle or compromise such claim. In no event shall the party seeking
indemnification have the right to pay, settle or otherwise compromise such claim
without the prior written consent of the indemnifying party, who shall not
unreasonably withhold such consent.
This indemnification and release shall not apply to the extent that any claim,
action, cost, and /or damage herein covered results from the gross negligence or
willful misconduct of a party, its officers, or employees.
Each party agrees to pay interest on any payment due the other party pursuant to
this indemnification and release. Such interest shall be at the prejudgment rate(s)
or interest in effect from the date which the cost was incurred to the date of
payment. For convenience in computing such interest, a cost shall be considered
to be incurred after the last day of the month in which the cost was actually
incurred.
CITY OF SEATTLE COMPANY
By: By:
Title: Title:
C3
1. Definitions
3. Restrictions
Master Pole Attachment Agreement
APPENDIX D
MAKE READY WORK
Make Ready Work Work required to provide attachment space on City poles for
communication facilities.
2. Procedure
a. Company shall submit a proposed route for City review.
b. If City review shows a need for Make Ready work in order to provide space
on pole(s) for company's use, City shall prepare an estimate of City's cost to
perform Make Ready work and submit the estimate to Company for their
approval prior to start of any Make Ready work.
Nothing in this addendum shall prohibit Company from proposing alternate routes
to avoid make ready work.
City shall not install cross arms to provide space for communications. City shall
not replace poles to provide space for communications except under the following
conditions:
a. The pole in question does not meet current standards for height.
b. If the pole in question must be replaced due to poor condition, then
replacement with a standard height pole will be at City's expense. If the pole
is not in condition to warrant replacement, then replacement with a standard
height pole will be at Company's expense.
c. The new pole cannot be taller than a replacement pole would be if increased
communication space were not a factor in calculating the pole height.
City shall be solely responsible for determining height standards and condition of
poles.
This addendum does not apply to make ready work that must be performed by
other entities that may be attached to the pole(s). Arrangements for that work shall
be the responsibility of Company.
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